Customer means any person who avails the Service(s) offered by Skyhunt IT Park Private Limited “Skyhunt”
“Service” in general includes but not to internet Access. E-mail, World Wide Web, Broadband, Internet Telephony, designing, hosting, International Roaming and other Information services that Skyhunt offers, markets, maintains and supports as of date and all updates arid upgrades that Skyhunt may offer to the Customer. However Service in relation to the Customer shall mean and cover those services, which the customer has specifically availed.
The Terms and condition herein, Acceptable Usage Policy and Responsible Usage Policy, (available at http://www.skyhunt.in published by Skyhunt from time to time shall constitute and will be an integral part of the agreement between Skyhunt and Customer with respect to the Service. Skyhunt reserves the right to change any or all aspects of this agreement operating rules, usage guidelines, prices governing the Service plans, the pricing structure, or product/service policies at any time without prior intimation to the Customer. The customer acknowledges that it is his/her sole responsibility to appraise himself/herself of the Terms and Conditions Usage Policy, as amended from time to time and agrees to abide by the same. The customer shall visit www.skyhunt.in to apprise himself of the latest and conditions, service & policies etc.
Every subscriber registration must be done with complete and correct details such as name, address, telephone number and e-mail address, etc. In case of any change, the same should be updated by the respective subscriber without fail or delay.
The Service is being provided subject to all the applicable Indian Laws, rules and regulations.
Skyhunt shall provide Service to the customer, in accordance with the terms and conditions then in force and as amended from time to time, till the expiry of the specified period for which the customer has paid for.
The service charge is payable in advance is non-refundable. All taxes, duties, charges or any other levies of any nature whatsoever, payable for the services shall be payable the customer in addition to the service charges.
Skyhunt will put in its best efforts and strive to maintain the maximum possible uptime of the Service. However Skyhunt will not be responsible for downtime of service due to reasons beyond its control.
The Customer also acknowledge and accept that in the very nature of the service to be provided there can be number of factors affecting the provision of the service by Skyhunt and the obligation of Skyhunt to provide the service shall be on best endeavor basis.
Skyhunt shall not be liable to the Customer for any loss, expense or damage of any kind in connection with the performance of its obligations under this contract or arising from disruption, interruption, suspension of malfunction of the Service, for whatsoever reason except when there is deliberate failure or breach on the part of Skyhunt.
Customer hereby undertakes to indemnify and hold harmless Skyhunt against liability, when may arise for any and all, acts on the part of the Cusotmer in availaing the service.
Telephony on Interest is permitted to a limited extent i.e. (i) from PC to PC within or outside India (H) PC in India to Telephone outside India (iii) IP based H.323/SIP Terminals connected directly to ISP nodes to similar. Terminals within or outside India. The customers shall strictly comply with the above and the persons involved are liable to be proceeded with and punished.
It is illegal to terminate Internet Telephony calls to any public telephone number (P5TH, ISDN , PLMN ,etc) in India irrespective of whether the same originates in India or abroad.
The customer agrees that the Broadband service is a single PC connection. Skyhunt shall not be responsible for any downgrade of service due to re-distribution by the Customer.
The customer agrees that Skyhunt shall not be liable for Service downgrades where the ‘last mile connectivity’ is not provided by Skyhunt. The responsibility of ensuring ‘last mile connectivity’ shall be on the last mile connectivity network provider like Cable TV operator, DID etc and Skyhunt’s responsibility shall be limited to ensure service till the Point of Presence of the last mile network operator.
Skyhunt’s entire liability and the Customer’s exclusive remedy for any failure or breach on the part of Skyhunt shall be the return of the charges paid by the Customer relating the unexpired period of the use. Skyhunt disclaims all warranties and conditions express or implied including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose with regard to the services offered and in no event Skyhunt shall be liable for any other damages including special, Indirect or consequential damages loss of profits business interruption whatsoever arising out of use or inability to use the services.
All services of Skyhunt are governed by Fail Usage Policy which can be changed from time to time as per the sole discretion of Skyhunt. User acknowledges that the service will not be abused nor shared. Skyhunt reserves the right to disconnect the user and charge the consumption based on prorate basis.
All broadband services of Skyhunt are shared in 1:15 ratio.
All third party software that may be provided with the ‘Service’ is included for use at the Customer’s option. Skyhunt shall not be responsible for any losses which may occur resulting from the use of any third party software. Any Support that is needed has to be availed from respective companies.
Skyhunt will be responsible only for carrying data packets and is not responsible for its nature or content. Customer guarantees that the Service will be used for genuine purpose only and will not be used for any immoral or unlawful or socially unacceptable purpose.
Customer acknowledges, accepts and specifically declares that he is fully aware of the nature and terms of the service and acceptable Usage Policy. The customer shall be exclusively responsible for making arrangements for getting the necessary hardware and software at his end. It is explicitly agreed that Skyhunt does not undertake any responsibility with regard to procuring/installing/maintaining the hardware and/or software at the customer’s end.
The Ethernet Card /Router or any such hardware installed by Skyhunt in Customer’s location has been purely on request basis and Skyhunt will not be responsible for any failure of the equipment. Further, Skyhunt will not be responsible for the problems related to Customers PC and the software’s loaded on it.
The customer shall take full and sole responsibility for preserving the secrecy of the password. The Customer acknowledge and accept that considering the nature of the Service there will be a need to change the password from time to time to avoid misuse and to maintain secrecy. Skyhunt shall not be responsible for any wrongful or unauthorized use, under any circumstances.
The Service to be provided shall be exclusively to the Customer. The customer shall not transfer, reassign, sell, and/or offer or promote the Service to others or otherwise share the services with others including the affiliates of the Customer. Customer shall not do any thing that is detrimental to Skyhunt interests.
Skyhunt shall have the right to terminate the Services, without any prior notice to the customer, in the event of breach of these terms and conditions on the part of the Customer. Skyhunt and the Customer shall also have the right to terminate this Agreement at any time by giving 30 days prior notice in writing to the other and without the need to assign any reason for such termination. In the event of such termination by Skyhunt the Customer shall be entitled to the return of the proportionate part of the charges paid for the unutilized period of service. Skyhunt shall not be liable to refund any amount if the termination is by the customer or for breach or failure on the part of the customer.
The customer acknowledges that the Service is provided “as is” Skyhunt, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either expressed or implied, regarding the quality accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that the Service will be uninterrupted or error free. Skyhunt expressly excludes any implied warranty of merchantability of fitness.
Skyhunt and the customer hereby agree that this agreement together with the operational rules , acceptable Usage Policy and usage guidelines and other terms notified by Skyhunt shall constitute the complete terms and conditions between them and there shall be no addition, modification or deletion to these terms and conditions unless it is so agreed in writing and signed by both “Skyhunt” and the customer.
In using the service the customer agrees to comply with all laws, regulations and rule applicable and hereby indemnifies Skyhunt against any claims, loss, damage or consequence arising from non-compliance of the customer to any applicable laws, rules, regulations etc.
Skyhunt will not be liable for any act of the Business Associate managing the Service at Customers end outside the scope of this service. The customer expressly acknowledges that the liability of Skyhunt is limited to the service rendered by Skyhunt and Skyhunt shall not be liable for any acts or deeds of the Business Associate.
The customer hereby declares that he has read these terms and conditions and the order form completely and that he unconditionally agrees to abide by these and conditions, and as is applicable from time to time.
The ‘backbone’ i.e. the Cables, Switches etc. installed by Skyhunt is the exclusive property of Skyhunt and customer shall not remove /relocate these without prior consent from Skyhunt.
The service is exclusively for Home usage and not for commercial usage. Usage for more than 12 hours per day shall be commercial usage. Skyhunt reserves the rights to disconnect the service without prior intimation, if the usage is found to be commercial.
User acknowledges that spamming of emails is prohibited. Spamming is the transmission of any form of mail that can be interpreted as junk mail or mail generated via a distribution list, which the recipient has not specifically requested. The user can transmit only a fixed number of outgoing mails as part of Skyhunt’s Mail policy and a violation of this will by considered as spamming. Skyhunt reserves the right to block the user’s email id or even terminate the services if this is violated by any user.
User acknowledges that the service availability is subject to network and technical feasibility. Skyhunt will not be held responsible for the delay or unavailability of service in user area.
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