Terms & Conditions

1. This co-branded service is provided by Bharat Sanchar Nigam Limited (BSNL), a telecom company having UASL/ ISP license (hereinafter referred as service provider) in association with Smart Digivision Private Limited, a company registered under Cable Television Network (Regulation) Act, 1995 in the capacity of MSO and authorized to provide broadcast and interactive content and Set Top Box (STB) to the applicant (hereinafter referred to as broadband content provider (BCP)) vide agreement dated 10th December, 2007.
2. The Applicant shall be considered as the customer of service provider (BSNL).
3. The application form shall be submitted duly completed and signed in all respect along with the prescribed fee for services opted by the applicant including deposit fee or security (if any) for Set Top Box (STB) in accordance to the scheme or plan opted by the applicant.
4. Service Provider/ BCP reserve the rightful discretion to accept or reject the application without assigning any reason for the same. In case the application is rejected, the deposit shall be refunded to the applicant.

Set Top Box/ Hardware
5. The Set Top Box (‘STB’) including accessories usage charges shall be:

1. Usage Model: One time Upfront STB usage charges (R 2250) will be taken from the customer. Charges would be as per prevailing tariff structure, subject to change from time to time as per company’s policy.

In both the cases disconnection may be voluntary/company initiated. The STB shall in all cases and during customers subscription period, remain the property of the Company and the customer undertakes and shall be solely liable to return the STB to BCP in working condition.

Terms for refund in rental scheme: The refund of amount taken as refundable deposit shall only be initiated after the customer returns the STB in working condition. The recovery team would certify that the equipment is in working condition. Refund would be sent to customer within 15 days of the recovery of the equipment, provided STB is found to be in working condition to the satisfaction of company. In case of any damage to the equipment, no refund would be given. If customer do not return the STB within 30 days of the disconnection then the company reserves the right to forfeit the amount deposited upon notice and also reserves to initiate legal action for recovery of the same.
6. In all cases, STB shall solely be used by the applicant for availing the services provided by the service provider and shall not be used by the applicant for availing services of any other Network.
7. The STB and the accessories shall be used by the Subscriber for viewing authorized channels, programs and services and undertakes to promptly intimate any anti-piracy activity if observed or identified by him to the service provider.
8. In all cases, the applicant shall be responsible for the safety of the STB. Any damage to STB shall be claimed from the customer in the form of monetary compensation maximum up to the actual value of STB for BCP.
9. The applicant shall not without the prior authorization of service provider, remove, transfer or otherwise relocate the STB from the original place of installation, failing which the deposit shall be forfeited & service provider shall be entitled to recover the cost of the box and / or initiate appropriate action.
10. In all cases the STB is lost or damaged on account of theft, burglary; the subscriber shall file a police complaint forthwith and notify STB Provider as well as BSNL of such loss immediately; failing which subscriber shall pay for the cost of STB from the subscriber.
11. Applicant/s are authorized to install only recommended Gadgets on STB without prior permission of BCP. In all other cases, specific approval for installation is must. The subscriber has to protect the STB.
12. Except in the case of out-right purchase, the Set Top Box ("STB") and the accessories attached thereto shall solely remain the property of the BCP. In case of out right sale model, applicant acknowledges to accept terms and conditions mentioned in the invoice for sale.

Services
13. Customer has to essentially subscribe for any of the service packs offered by Service Provider/ BCP and service provider/ BCP reserves to right to change or modify or discontinue that service pack from time to time without assigning any reason.
14. Service quality, functionality, availability and / or reliability of the services may be affected and / or service provider/ BCP is entitled to, without any liability, refuse, limit, suspend, vary, disconnect and or interrupt the Services; in whole or in part, at any time in its sole discretion with respect to one/ all subscribers, without any notice or reasons.
15. In case of misuse of Services or breach of any terms and conditions by the subscriber or use of services by the subscriber in such a manner that it violates any laws or adversely affects or interferes with the Service, service provider shall give notice of five (5) days to the Subscriber to resolve the issue/ breach. In case the Subscriber fails to remedy the said breach within the notice period, service provider shall be entitled to discontinue the Services forthwith.
16. The services may be liable for disconnection partially or otherwise due to:
a. Changes in the law, rules, regulations or orders, directions, notifications etc by the authorities.
b. Physical obstruction, geographic, topographic, hydrological, meteorological and other causes of cable interference or faults in other networks of Pay Channels to which the Network is connected.
c. Any discrepancies / wrong particulars provided by the applicant.
17. In case of non-payment/ delay in payment of monthly payment/ rentals/ installation charges/ re-installation charges/ cancellation charges or any other charges by due date, Service provider and BCP shall reserve the right to cancel/ suspend the service and to discontinue the services. In such cases, the applicant undertakes to return the STB in good working condition to the STB provider; failing which the deposit shall be adjusted towards the cost of STB.
18. The basic applicant/ customer database shall only be used by service provider or STB provider essentially for meeting any statutory compliance and not for any other purpose.
19. The applicant undertakes to notify in advance all change of address / contact number to service provider/ BCP or its authorized representative for future correspondence/ context.
20. In case the applicant desires to discontinue the services, he/ she shall return the STB in good working condition to the BCP and on the failure to do so, deposit fee/ security shall be forfeited by the service provider/ BCP and the applicant shall remain liable for the balance claim towards BCP.
21. For reconnection/ activation of the services disconnected earlier for any reason, the applicant shall pay reconnection charges as prescribed from time to time.
21. Applicant may shift or switch over to any other tariff plan or scheme as opted by him after paying applicable fee or deposit or security as the case may be.
22. Services shall be available to the subscriber subject to Force Majeure conditions including but not limited to act of God, fires, strikes, embargoes, war insurrection, riots and other causes beyond the reasonable control of service provider of STB provider/BSNL including atmospheric /topographical hindrances, whether rental/lease or outright sale.
23. Applicant shall be liable for all applicable taxes and levies with respect to the services provided by service provider and this liability shall remain in force even for the arrears of taxes or levies demanded by service provider with respect to the past period for which services has already been rendered.

Dispute Resolution and Jurisdiction
24. Any dispute or difference of any nature whatsoever regarding any right, liability, act, omission on account of any of the parties hereto arising out of or in relation to this terms & conditions shall be settled by arbitration. The sole arbitrator shall be the Chief Operation Officer of the BCP or its authorized representative.
25. The validity, construction and performances of terms and conditions herein shall be governed by and interpreted in accordance with prevailing laws. Service provider/ BCP and applicant agree to submit tothe exclusive jurisdiction of the New Delhi Court.

General
26. Applicant shall not be entitled to transfer or assign its obligations and liabilities under the terms and conditions to any other party under any circumstances without prior permission of service provider. Any transfer affected in contravention of the expressed terms contained herein shall not absolve the applicant of its obligations /liability towards service provider/ BCP.
27. I hereby undertake that I will fully abide by Indian Copyright Act 1994 and as amended from time to time. I will not indulge in pilferage / copy/ of the content etc as prohibited by the law. In the event of any such violation, civil or criminal action may be instituted for injunction, actual damages (including infringer's profit) etc.
28. I undertake that I have read all the requirement for TV interface with STB as mentioned below and I shall provide the following .
a) BSNL Telephone Line and Broadband Internet of BSNL with multi port CPE/Modem. However, in case of CPE provided by customer himself, he has to arrange the same if required ports are not available.
b) For smooth working of broadband content services, it is necessary that telephone line must be directly terminated on the splitter without any telephone connection before that. All parallel telephones must be connected after the splitter.
c) TV Set should have latest pin configuration for Audio Video or S- Video. In case it is not available, customer has to provide BNC connector/AV converter etc if required.
d) Power Point near the TV Set and preferably with on/off switch so that STB can be switched off when not in use.

I/ We have read and understood the terms and Conditions provided overleaf and acknowledge that I have selected the tariff plan and I agree to be bound by the same. I /We agree to abide by the provisions of these terms and conditions and the rules made there under and as also such amendments as may be made from time to time to these terms and conditions in so far as they relate to the Services. I/ We hereby declare and confirm that the above information provided by me /us is / are totally correct and true in every respect.