The Subscriber agrees to take the connection being provided by Brightnet Broadband, Buxar (Bihar) On the following terms and conditions: –

~”BNB” or “The company” means Bright Net Broadband having its registered office at Manas Kuteer, Charitravan, Buxar, Bihar.

~”Services” means Broadband Internet service, ILL or other value added services as advertised & offered by BNB.

~”CAF” shall mean this document/agreement containing terms and conditions on which BNB is offering its services.

~“Customer” shall mean any person who subscribes to the internet access services by accepting and signing this CAF for the provision of Services.

~ “CPE” means the customer Premises Equipment(s) installed by BNB or its agents/business associates at Customer’s premises, which is owned by BNB or its agent/business associate and is provided to the customer on right to use basis only.

Taxes are extra. T & C apply for unlimited broadband home plans.

• The speed is measured on a wired Ethernet connection. As Wi-Fi speeds are prone to external factors (interference, end device capability and proximity from the route ), the speed might vary.
• All Broadband plans are for residential use only, redistribution/commercial usage will lead to account termination.
• All Broadband plans Speed are on Upto basis.
• Uploaded and downloaded data both contribute towards the FUP limit.
• Traffic Management policy applies to all domestic broadband packages. These packages are not suitable for business usage.
• 1 Month specifies 30 days.

1. Registration charges / Activation Charges/Re- Activation charges / Installation charges / Monthly Bandwidth Rental charges / Advance Rentals /GST / Other Value-Added Services charges / Shifting charges / Repairing charges etc. shall be charged as agreed upon between Bright Net Broadband and the Subscriber). Besides rentals, additional charges for value added services as applicable, shall be payable by the subscriber on monthly, bimonthly, quarterly, half yearly or yearly basis as billed by BNB. b). Connection, Activation and installation charges are Non-refundable under any circumstances. (c). 18% surcharge shall be charged on bill amount towards GST or as applicable as per the Indian Law.

(d) Connection will be installed within a period of 30 days from date of accepting the CAF (e) Amount once received shall not be returned.

(f) BNB will provide upto 30 meters of Optical Fiber Cable (OFC) length for connectivity to the Customer Premises Equipment (CPE), from “Floor Distribution Point” (FDB). For any additional OFC Customer shall be charged @ Rs.35/meter.

g). Installation and Shifting of connection is permissible within the jurisdiction of BNB service Area the location of the Terminal point. Installation and Shifting charges Rs. 3500/- or more (subject to feasibility) shall be charged each time within operational area of the services on ofc. In case of wireless link if tower required to be shifted, addl. charges Approx. 10,000/- per section of 10 ft or more will be levied accordingly. Any theft or damage due to natural calamities to the network eqpt shall be at the complete risk and cost of the subscriber.

h). BNB will restore any CPE related Service problem at no cost to the Customer, given that the CPE malfunction is not due to any mishandling by the Customer. In case the Service problem is due to CPE being damaged by the Customer, knowingly or unknowingly, then BNB shall charge

the Customer the CPE replacement fee of Rs. 5000 (Rupees Five Thousand Only) or the actual cost of CPE, whichever is higher

2. a). Subscriber will pay bill issued by BNB for rentals charges on or before “Pay by date’’, failing which Brightnet Broadband shall have the right to disconnect the services. (b) All internet services are prepaid and connection will be automatically closed in case of non-payment. All bills should be paid in full. Part payment towards the same is not acceptable. c). The Levy of additional surcharge on delayed payments of bill for services will be applicable, in case the bills to be paid by the subscriber to Bright Net Broadband as per the rates decided by Bright Net Broadband from time to time.

d). The payment of the bill will be accepted by the authorized personnel in the office of Bright Net Broadband by Cash / Cheque / Draft in favor of ‘’Bright Net Broadband’’ Payable at Buxar. (Outstation and Post dated cheques are not accepted) There should be one cheque / draft for each bill separately. Connection Number and date of Bill may please be mentioned at the back of the cheque / draft. Proper receipt to be obtained by the subscribers for payment.

e). Disconnection due to Non-Payment the service will be disconnected if the bill is not paid on or before ‘’ Pay by Date’’ or if the cheque rendered for payment is dishonoured by bank. No reminder will be issued. This is without prejudice to any action that might be taken for disconnection of the service

for non-payment in time. Cheque dishonour charges Rs. 500/- shall be charged each time.

f). After disconnection on account of Non-Payment, connection will be restored, on clearance of all outstanding dues (which includes bill amount, surcharge, cheque dishonour charges, reconnection charges, etc. As may be applicable). Restoration charges of Rs. 500/- will be charged from the first day of disconnection of service. If the dues are not paid within 2 months from the date of disconnection the connection will be treated as permanently closed and may not be restored. Rental and minimum service charges for the period the services remain disconnected will be payable in all cases. Equipment and accessories will be withdrawn being as property of Bright Net Broadband Pvt Ltd on disconnection.

3. (a) The service is terminable either by Bright Net Broadband or subscriber by giving one month notice in writing to that effect under the normal circumstances. b). The DOT reserves the right to take over the entire services and network of the licensee revoke / terminate / suspend the license in the interest of National security or in the event of Natural Emergency/ War Law intensity conflict type of situations. The subscriber shall not sublet the services provided by BNB.
4. All charges are subject to revision by Bright Net Broadband from time to time and terms & conditions are subject to modifications / directions / instructions of the Department of Telecommunication or the Government as may be application from time to time.
5. All instruments, cables, lines, connection numbers, equipment’s and wires, towers shall be the absolute property of Bright Net Broadband Hence subscriber are not authorized to change or transfer the same without or written permission of company. The Customer shall immediately inform BNB of any damage/loss/theft of any equipment provided to the Customer by BNB and shall be liable for all charges/cost towards the repair /replacement of the same.
6. If the service is interrupted at any time during continuance of this service an account of unforeseen Events like earthquake, land and order, disturbance on acct of terrorist activities, riots or other acts of God, neither party will be entitled to terminate the arrangements but rebate in rentals as per relevant Rules will be provided.
   7. BNB will not be liable to give any rebate or compensation in billing due to fault in lines /technical fault in control room /unforeseen event. In case of connection line faults any rental rebate will be given as per rules, and the party has to inform regarding rebate in writing at Bright Net Broadband Bill amount bill be subsequently discounted in the next bill. Any damage to eqpt /peripherals due to natural calamities, damage cost will be borne by the customer.
   8. The Customer shall not change/alter/modify the CPE installed in its premises by BNB or its agents/ business associates, without prior written approval from BNB. Any change / alteration /modification in the CPE without the prior written approval of BNB shall be deemed to be unauthorized and violative of the terms and conditions and shall entail immediate disconnection /de-activation /termination of Services.
   9. BNB reserves the right to introduce/withdraw/extend any Scheme(s) at its discretion from time to time, and such Scheme(s) will have a specific validity period within which the Customer can subscribe to them.
   10. Any variation of government levies and charges by DOT shall be applicable to the subscriber account without prior notice. Any notice, which may be given by Bright Net Broadband under this arrangement, shall be deemed to have duly given, if delivered at the said premises or if sent by

Registered post to the subscriber’s usual or last known address. Earthing and provisioning of spike/lightening arrester be arranged by customer to their premises.

11. a). Disputes if any are subject to Buxar Jurisdictions only.

(b) In case of any disputes regarding the arrangement, the decision of Bright Net Broadband shall be final and binding on the subscriber

c). Any dispute arising between BNB and the subscriber for non-payment of outstanding dues against the subscriber, the matter shall be referred to a single arbitrator to be appointed by BNB and its decision shall be final and binding on both the parties.

12. The Public IP address allocation will be as per policy of APNIC (Asia Pacific Network Information Center, Australia) and BNB and subject to availability with BNB. The IP Address will follow be allocated as per BNB policy and as per the product specifications.
13. If Voice over Internet (VoIP) be used, customer should agree to comply to the below mentioned points:
14. Will use Voice over Internet as per the ITSP license which states Internet Telephony as a service to process and carry voice signals can be offered through public Internet by use of Personal Computer (PC) or IP based Customer Premises Equipment’s (CPE) connecting the following only:

(i) PC to PC; within or outside India (ii) 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.

15. Addressing scheme for Internet telephony shall only conform to IP Addressing Scheme of Internet Assigned Number Authority (IANA) exclusive of National Numbering Scheme plan applicable to subscribers of Basic/cellular telephone Service.
16. Termination device details (Please tick one): a. Voice gateway / Router with Analog Handsets B. Voice gateway with PAX connectivity (Without any PSTN interconnection) c. Direct termination on from router to handsets d. Soft Phone. IP Phone f. Another.
17. As per the License obligations and conditions thereof I/We hereby agree for the prohibition of the under mentioned activities as part of Internet Telephony:

(a) Voice communication from anywhere to anywhere by means of dialing a telephone number (PSTN/ISDN/PLMN) as defined in National Numbering Plan is not permitted.

(b) Originating the voice communication service from a Telephone in India is not permitted.

(c) Terminating the voice communication to Telephone within India is not permitted.

(d) Establishing connection to any Public Switched Network in India and/or establishing gateway between Internet & PSTN/ ISDN/PLMN in India is not permitted. (e) Any hardware/software which are identified as unlawful and/or render network security vulnerable shall not be used. (f) Will not misuse the connection in any manner in violation of the law of land.

14. I/We hereby give Bright Net Broadband and its Associates/ Partners the right to:
15. Visit the Customer Premises and verify the validity of above stated information at any time during the Service Contract Period unhindered and without prior notice
16. Take corrective action in case of misuse of the Service or breach of any Applicable Law, which include but is not limited to blocking of offending traffic, termination of Service after giving due notice and reporting the incident to appropriate Authorities
17. Monitor the utilization pattern, traffic for regulatory compliance
18. Take any further action which it deems fit in the circumstances to ensure compliance with Applicable Law
19. The decision of Bright Net Broadband or its associates shall be final. Any damage of tower and eqpt in client complex will be recovered from the customer.

20. All advance payments are only for lock in period and NO refund will be made. However, in case of dispute Rs 3500 + taxes or more will be charged against activation charges. Thereafter only the balance amount will be paid back after deducting Govt charges on the entire amount received along with monthly charges for the services and that too 7 days after receipt of Customer premises equipment from the customer end in working condition.
21. Any Wi-Fi Connectivity deployed by subscriber has to be activated only after it is registered for centralized authentication with Bright Net Broadband in compliance DOT Letter No.820-1/2008-DS Pt. dated 23-02-2009.
22. The Customer undertakes to indemnify and hold BNB harmless against any liability, which may arise on account of the Customer’s act of omission or commission.
23. The Customer agrees to comply, at all times, with all applicable laws, bye-laws, rules, regulation,

order, direction, notification, etc., of the Government/ Court/ Tribunals/ DOT/ TRAI /Information Technology Act, 2000 as amended and shall also comply with all the direction issued by BNB which relate to the network, the Services, equipment, or connected matter and provide BNB with all information and co -operation as reasonably required.

19. The Customer agrees that it shall not communicate, send, transmit, download or in

any way deal with any objectionable messages or communications, which are inconsistent with the established laws of India, over the network offered and established for providing the Services. Customer shall not resort to hacking, cracking, spamming, bulk messaging, destroying, defaming or corrupting any sites/user(s) on the Internet or on BNB’s network, nor shall it indulge in any of the offences, more specifically defined under the Information Technology Act, 2000. Without prejudice to any action under law for the time being in force, violation or breach of any

of these terms and conditions shall entitle BNB to terminate the said Services immediately and any such termination doesn’t restrict BNB’s right to take action and/or seek remedy for any damages /costs resulting out of Customer’s such activities.

20. BNB reserves the right to terminate any/all of the Services at any time without notice and further obligations to the Customer and without limiting any other remedies available to BNB if any of the following events should occur: a. Customer is in material breach of any of the terms or conditions mentioned herein. b. Customer is found tampering or has tampered with

any equipment and/or configuration of equipment of BNB or provided by BNB, without the prior written approval of BNB. c. Customer is found violating any act in force by illegal usage of BNB Services. d. In case of on-payment of dues by due date, re-activation will be done only after the payment is credited to the account of BNB and BNB reserves the right to charge an additional service re-activation fee and the Customer agrees to pay such charge.

21. BNB shall not be liable for any act of its agent and/or Business Associate outside the scope of Services. BNB’s liability is limited to the Services rendered by it.
22. In view of providing an optimal quality of service in a fair manner to all Customers connected to its Network and Services, the Customer acknowledge and agree that BNB shall have the right (but not the obligation) to monitor and apply policies to any and all transmission via the Network and Services and that BNB shall have the right and sole discretion to determine whether the transmission violates this Agreement and /or any prevailing Law, Directive, Regulation, and that the Customer shall abide by such determination.
23. The Customer shall also pay to BNB any regulatory fees charged to BNB by any Government Authority, in connection with Services. “GST Act” shall mean any Act imposing or relating to the imposition or administration of the tax by State or Central government under State Good & Services Act (SGST), Central Goods & Services Act (CGST) or Integrated Goods & Services Act (IGST).

UNLIMITED DATA PLAN 

24. The BRIGHTNET Unlimited Data Benefit is being provided to Bright Net Broadband customers in India on selected plans.
25. This benefit cannot be combined with any other offer provided by BRIGHTNET.
26. It is clarified and stated that this benefit is only meant for personal and non-commercial use, and is not intended for any commercial use, or special or enterprise plans. The Fair Usage Policy for the unlimited plans is capped at 3333 GB post which customers can enjoy unlimited speeds at 1024 KBPS.
27. BRIGHTNET reserves the right to end/ suspend/modify the benefit at all times, as well as in specific cases of commercial use, or any fraudulent use.
28. This benefit is not available for UAN, 1860-XXXX XXXX numbers, credit card swipes, and other premium numbers.
29. These Terms and Conditions shall constitute an agreement between BRIGHTNET and each customer and by subscribing to the benefit, the customer accepts the same as binding upon him/her.
30. The terms and conditions of usage of BRIGHTNET, so far as the same are not inconsistent with the present terms and conditions, continue to be applicable upon you as a user of the broadband and landline services.
31. BRIGHTNET will be entitled to postpone, suspend, modify or cancel the benefit or any aspect thereof, across the entire territories of service or any part thereof, at any time with or without notice, for any reason, including, but not limited to, acts of God, force majeure, technical difficulties, or any other reasons beyond BRIGHTNET’s reasonable control. If BRIGHTNET suspends or cancels the Offer, all aspects of the Offer shall be null and void. BRIGHTNET will not be liable to compensate any customer for any postponement or cancellation or for any reason directly or indirectly arising out of this Offer.
32. BRIGHTNET has no liability whatsoever in respect of any claims or disputes and any resulting damages or losses, whether direct or indirect, relating to the customer availing, not receiving or customer’s use of the benefit.
33. BRIGHTNET makes no warranties or representations whatsoever in respect of the benefit and the broadband services including as to its fitness for any particular purpose, merchantability, quality, availability, disruption or error-free operation.
34. Any dispute or claim (contractual or non-contractual) arising out of or in relation to this agreement, including disputes as to its formation, will be governed by and construed in accordance with Indian laws. Subject to the point above, BRIGHTNET and the customer submit to the exclusive jurisdiction of Courts at Buxar alone.

The connectivity will be used within the framework of regulatory conditions and the applicable Laws only. This declaration shall form part of the Agreement (CAF) under which the Services have been taken from Bright Net Broadband and its associates, and all the terms and conditions of the said

The agreement would apply equally to this declaration. I/We hereby agree to abide by the terms and conditions annexed to the application form as amended from time to time for the provision of service and other declarations.

25. Dispute arises if any in between the parties will be resolved within Buxar jurisdiction.