1. Service Provider: orange fibernet provides Internet, TV, Phone, and other value added services (Hereinafter referred to as “the Services”) in India.
  2. Service Provider’s Obligations: orange fibernet agrees to supply the above mentioned services to the Customers on the terms and conditions mentioned herein as per this Terms of Service (“TOS”).
  3. Customer’s Obligations: The customer shall:
    1. BE RESPONSIBLE for providing PC/TV with the right configuration to suit the requirements of the service opted for.
    2. NOT USE any hardware or software, identified by the Government as unlawful or potentially capable of rendering the network security vulnerable.
    3. NOT RESELL or redistribute access to “the Services” to any other person or party in any manner, as the Internet Service is provided for use on the customer’s internal Corporate/Residential Computer(s) connected via switches/router.
    4. ENSURE that all dues to orange fibernet are paid in time.
    5. PROVIDE correct identity and also register his/her Email ID and Mobile no. with orange fibernet.
  4. Tariff Plans: Tariff Plans will be available to customer as per Tariff Plan in force from time which are mentioned in detail in the Tariff Enrollment Form or Tariffs section of our website. orange fibernet reserves the right to withdraw any tariff plan or amend or revise or modify the price from time to time at its discretion in any tariff plan or make changes in service conditions without notice to customer within the scope of DOT/TRAI guidelines. Any changes made to these Terms will be updated here.
  5. Service Entitlements: Service entitlements of the Customer under the chosen Tariff Plan will be applicable as per Tariff Plan, prescribed from time to time.
  6. Change in Tariff Plan: At the discretion of orange fibernet, the Customer may be permitted to opt for a change in the tariff plan opted by him/her earlier, at additional cost, to be billed on pro rata basis for the balance month from the date of activation/change in Tariff plan.
  7. Login ID and Password: orange fibernet shall provide Login ID and Password to every customer to access Internet services and Support Portal.
  8. Customer Premises Equipment (Hereinafter referred to as “CPE”):
    1. All the CPE and any accessories installed for the use of the customer, as per the installation report, shall remain the property of the orange fibernet.
    2. The Customer will be fully responsible for the custody, proper upkeep, usage and safety of all the above-mentioned terminal apparatus, installed by orange fibernet, without moving it from the premises originally installed, during the service period, i.e. from the date, which the service activation comes into effect till the date of termination of service. The Customer would be fully liable to pay the orange fibernet, repair or maintenance charges for the above mentioned CPE if the CPE is lost or damaged due to improper usage or tampering during the service period.
    3. orange fibernet is merely the supplier of the Equipment and not the manufacturer. orange fibernet makes no warranties of any kind, express or implied, in respect to the same and also disclaims any warranty or merchantability and/or fitness for a particular purpose.
    4. In the event of termination or non-renewal of “the services” for any reason whatsoever, orange fibernet retains the right to recover any and all the Equipment belonging to orange fibernet and Customer shall permit authorized personnel of orange fibernet or its contractors to effect such removal without let or hindrance, and without prejudice to any amounts due from the Customer to orange fibernet.
  9. Sending of promotional SMS: Customer gives permission to orange fibernet for sending to him/her promotional or informative SMS by orange fibernet, after accepting these TOS and customer’s DND status will not be verified before sending such promotional or informative SMS. orange fibernet takes all efforts to secure and protect the customer’s details.
  10. Payments and Billing:-
    1. Billing cycle will be for the period of first to the last day of the calendar month or on pro-rata basis if the services are started during the month.
    2. Payment can be made by A/c Payee Cheque/DD or Pay Order on any local bank in favour of ‘3pleplay Web Solutions Pvt. Ltd.’ In case, the cheque is dishonored, Customer will be liable for penalty of Rs. 300/- (Rupees Three Hundred Only/-) in addition to the other legal remedies available to orange fibernet.
    3. Renewal or subsequent payments can also be made online at my.broadnet.in
    4. Payment must be made on or before the due date mentioned in the billing statement/invoice. Payment made after due date will attract delay fees in force from time to time.
    5. Failure of payment by the customer shall attract interest at the rate of 15% per annum on all the outstanding charges from the due date and in addition orange fibernet shall be entitled to discontinue/suspend the Services, at its sole discretion, without notice to the customer.
    6. In case of any billing discrepancy, Customer shall intimate to the Customer Support of orange fibernet within seven days from bill date. In absence of any complaint, the bill will be considered acceptable without any comments.
  11. Installation, Re–installation and Re-activation Charges:
    1. At initial installation, one-time non-refundable installation charges applicable as per tariff plan will be paid by the customer at the time of installation.
    2. Re-installation charges:
      1. Relocation is free of cost in case of change in address of customer within the network coverage of orange fibernet. Customer cannot ask for relocation where orange fibernet network is not available.
      2. On nonpayment of dues, services shall be suspended after 7 days from the payment due date. Services can be reactivated, by subscribing to any applicable renewal pack after payment of re-activation charges as applicable from time to time.
    3. If customer’s Service is suspended or terminated due to customer’s default or violation of these TOS, orange fibernet will consider reconnection on examination of the case and will levy appropriate reactivation charges before reconnecting service.
  12. Obscene material: The customer assumes all responsibility for use of the Service by any person under 18 years of age and will provide appropriate supervision for any such use. The Service is not intended to be used by persons under 18 years of age to obtain, send or display material prohibited by law, including material deemed to be indecent or obscene.
  13. Network Security: Any information sent by the customer over the network is at the sole risk of the customer. Accordingly, for corporate customers – internal network security is the sole responsibility of the customer and orange fibernet will not be held liable for any security breaches suffered by the customer as a result of hackers or virus of any kind. The customer undertakes to take all necessary measures to secure their local network from possible external breaches. Anti Virus installation and updates remain the sole responsibility of the customers.
  14. Access to Customer’s Premises: Customer authorizes orange fibernet and its employees, agents, contractors and representatives with due identification to enter customer’s premises in order to install, maintain, inspect, repair and remove the Equipment. All such services will be conducted at a time mutually agreed by and between the orange fibernet and the customer.
  15. Taxes: orange fibernet shall levy applicable State and Central taxes on the prices payable by the Customer.
  16. Disclaimer of Warranty:
    1. orange fibernet takes no responsibility whatsoever for the content on the Worldwide Web, or access of any content whatsoever by the Customer or any other person using the Service.
    2. orange fibernet is not responsible for any commitment, representation or offering by the distributors or channel partners or dealers and the customer is advised to check back with orange fibernet in case of any doubt or any commitment etc., received from anyone with regard to services of orange fibernet.
    3. orange fibernet will endeavor to maintain an adequate and reasonable quality of the service. However the availability and quality of service may be affected by factors outside orange fibernet control such as physical obstructions, geographic weather conditions and other causes of electromagnetic interference or faults in other telecommunication networks to which the orange fibernet Network is connected and shall not be liable for any consequences arising thereof including but not limited to damage to customer’s property.
    4. orange fibernet makes no warranties on the Services provided herein, whether express or implied, including but not limited to warranties of title, non-infringement of any intellectual property rights or implied warranties of merchantability or of fitness for a particular purpose. No advice or information given by orange fibernet, its affiliates or their respective officers, employees or agents shall create a warranty.
    5. orange fibernet makes no warranty that the Services will be uninterrupted or error free or that any information, software or any other material accessible on the Service is free of viruses, worms, trojan horses or other harmful components and shall not be responsible for any consequences arising thereof. orange fibernet shall not be obliged to grant any service credit for disruption of services due to any reason whatsoever.
  17. Right to Confirmation: orange fibernet reserves the right to confirm or verify the information/details given by the Customer in the CAF (Customer Application Form) at any other time directly or through its agents and/or associates and may require the Customer to produce proof as necessary and applicable to substantiate such information/details.
  18. Theft of Service: Customer acknowledges that any unauthorized receipt of the Service constitutes theft of service, in violation of the laws of the Land and can result in both civil and criminal penalties. In addition, if the violations are willful and for commercial advantage or private financial gain, the penalties may be higher as the case may be.
  19. Temporary Suspension of services: Customer has to give Seven (7) days prior intimation for non-usage of services for temporary period and has to submit Temporary Suspension Service Form to orange fibernet. orange fibernet will not charge bill on pro rata basis for such temporary suspension of services as per their policy. The temporary suspension can be once in a calendar year, for a maximum period of 30 days.
  20. Termination of Service by orange fibernet:
    1. orange fibernet retains the right to withdraw or terminate the Service without notice in the event of:
      1. Wrongful, malicious or fraudulent representation by the Customer in respect of the details required by orange fibernet for provision of services to the Customer.
      2. Nonpayment of dues by the Customer in respect of installation charges, charges for CPE or other accessories, monthly subscription charges and/or fees, dishonor of cheque issued by the customer. orange fibernet reserves the right to levy penalty for cheques dishonored, at the time of restoration of service.
      3. Use of the services by the Customer for, or permission given explicitly or implicitly by the Customer, or negligence by the Customer leading to, illegal, malicious or immoral purposes.
      4. Use of the service for gambling, solicitation, email attacks or denial of service attacks on any party or server, willful transmission or viruses, malicious or nuisance emailing or messaging, diffusion of immoral or pornographic material, commercial fraud, breach of copyright, breach of law and/or other offences.
      5. Any attempt by the Customer or his/her/their associates to pass themselves off as agents, vendors, retailers, cyber cafes or business associates of orange fibernet unless expressly authorized in writing by orange fibernet to do so.
      6. Damage to orange fibernet equipment or terminal apparatus provided to the Customer for enabling the Service.
      7. Resale or unauthorized additional connections from the connection supplied hereby to the Customer.
      8. Upon breach of any terms and conditions of this TOS.
      9. Any change or alteration in orange fibernet network resulting in inability to provide the Service to the Customer.
    2. orange fibernet reserves the right to suspend the Services for maintenance, modification or repair, or testing of the Services or the Network with prior 24 hours notice by sending SMS on the registered mobile number or by email on the registered Email ID of customer.
    3. orange fibernet will not be responsible to return or provide access to the Customer for any data of the Customer, whether or not stored in orange fibernet network or systems, if and when the Services are terminated.
  21. Termination of service by customer: In case customer opts for termination of services, customer has to fill up the termination request form. The termination shall be effective after receipt of payment of all outstanding dues from customer.
  22. Terms of Services: All terms of services by orange fibernet shall be subject to the license conditions as stipulated by the Government of India and/or Telecom Regulatory Authority of India from time to time.
  23. Waiver: Except as otherwise provided herein, the failure of any party to enforce any provision of terms and conditions of this TOS will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
  24. Limited Liability: orange fibernet accepts no responsibility or liability whatsoever for commercial transaction of any nature including bookings, purchases, contracts or agreements entered into over the Internet by the Customer or any person or firm using the connection of the Customer.
  25. Encryption: The Customer shall not take any steps including adopting any encryption system that prevents or in any way hinders orange fibernet from maintaining a log of the Customer or maintaining or having access to copies of all packets originating from the Customer.
  26. Indemnification: Customer will be responsible and liable for and will indemnify orange fibernet in respect of liability for any and all use of the Customer’s account and all actions and costs incurred and for all use of the Services accessed through the Customer’s account or otherwise by virtue of the provision of the Services to the Customer including but not limited to claims for defamation, infringement of copyright or any other intellectual property rights or for misuse of the service and any breach or non-observance of any terms and conditions of this TOS by the Customer.
  27. Force Majeure: orange fibernet shall not be liable for any failure or breakdown in the service or any loss or damage caused to the Customer due to war, hostilities, acts of terrorism, riots, strike, lockout, civil commotion, earthquake, lightning, flood, accident, fire or explosion, act of god, governmental acts, regulations or directions and/or any other cause not within control of orange fibernet.
  28. Arbitration: Any disputes or differences in relation to provisions of the Services, shall be referred to arbitration. The arbitration shall be governed as per the Arbitration and Conciliation Act, 1996. Pending resolution, the Customer will be liable to continue to pay the charges for the Services. The arbitration shall be held in Hyderabad. Costs of the arbitration are to be borne by the Customer and/or orange fibernet as decided by the arbitrators. The award of such arbitration shall be final and binding on both parties.
  29. Governing Laws & Jurisdiction: The validity, construction and performance of this TOS shall be governed by and interpreted in accordance with the laws of the Republic of India and more particularly the Information Technology Act 2000, The Indian Telegraph Act 1855, Indian Wireless Telegraphy Act, 1933, The Cable Television Networks Rules, 1994, TRAI Act, 1997, The Copyright Act 1956, The Trademark Act 1958 and the rules made there-under and any amendments or replacements made thereto from time to time. The courts of Hyderabad shall have exclusive jurisdiction in case of any dispute.