JioBusiness Solution – Detail RJIL Terms & Conditions

This agreement (Agreement) is between the contracting entity you represent or in case of sole proprietorship, you individually (‘’you’’, ‘’your’’, ‘’Recipient’’ or ‘’Customer’’), and Reliance Jio Infocomm Ltd (“RJIL”) and or its Affiliates (‘’we’’, ‘’us’’, or ‘’our’’). You may accept these terms and conditions by (a) clicking a box indicating acceptance of the terms and conditions or (b) executing this Agreement or issuance of an order from that reference to these terms and conditions or (c) using the Services (as defined below) subscribed by you. If you are an individual accepting these terms and conditions on behalf of a company or legal entity, such individual represents and warrants that the documents submitted in proof of authority are true and correct and has not been revoked, have the authority to bind such entity, to these terms and conditions, in which case the term ‘’you’’, ‘’your’’ or ‘’Customer’’ shall refer to the such entity. If the individual accepting these terms and conditions do not have such authority, or does not agree with these terms and conditions, such individual must not accept these terms and conditions and or may not use the Services as applicable. This Agreement, is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable.

The following terms and conditions shall govern your use of High Speed Internet (HSI) and Centrex services forming part of telecommunication /connectivity services, (‘’Connectivity Services’’/ ‘’Services’’) as per the plans subscribed by you, which entitle you to specific benefits and entitlements stipulated therein (‘’Plan(s)’’) and shall form an integral part of accompanying Enterprise Customer Application Form (‘’EAF’’/’’E-CAF’’).

Product Terms and Conditions

Product

• Standard terms and conditions as specified in any Purchase Orders issued by you, whether acknowledged or not, will not be applicable and binding on us.
• Services provided by RJIL will be as per the terms and conditions of the Unified License granted by Department of Telecommunications (DoT), directions and instructions of government authorities and in compliance with applicable laws. The term ‘Service(s)’ and ‘Product’ are used interchangeably and shall be construed accordingly.
• Services shall be made available to you in the area, where you have requested for provision of Services, on ‘as is where is and available basis’ which shall be subject to commercial viability, technical feasibility, availability of RJIL network and infrastructure at the relevant area where Services are sought. Services shall commence from the date of activation of Services.
• You may avail voice services i.e. national (Local +STD) outgoing and incoming calling services by default, as a part of Services subscribed, unless a limited calling facility ( i.e. either incoming / outgoing only facility) is opted by you, subject to tariff plans opted. You shall arrange your own POTS phone (normal telephone instruments) for availing voice services. ISD plans if any, are optional and to be subscribed by you separately, if required. In order to enjoy continuous services, you should always power on customer premise equipment (CPE)/ ONT as applicable.
• The tariff plans applicable for Services are subject to the guidelines/tariff orders/directions issued by TRAI or any other statutory authorities. The data used by you for various Apps, video calls and other content available on internet will be uniformly debited against data allocation. The Plans chosen by you are intended only for own use of included Services. We reserve the right to discontinue the free Voice benefits offered as part of the tariff plan in case of misuse/ fraudulent use/unauthorized telemarketing and commercial use.
• “Documentation” shall mean all user manuals, instructions of use and other documentation relating to the use of Service Equipment and High Speed Internet Assets.
• High Speed Internet (HSI) Services are the primary services forming part of the Plan(s) depending on the Plans chosen by you. A Plan may consist of various products and or services provided and or distributed by Affiliates of RJIL, which are subject to separate terms and conditions. It is clarified that, Services provided by RJIL will be available without bundling as per separate terms and conditions and tariff plans applicable.

Provision of Services, Term, Service Equipment

• Services shall be offered as per the tariff plans offered by RJIL and chosen by you. Tariff plans will have limited validity and the benefits specified therein. RJIL may change or discontinue any tariff plans opted, at its option, any time, by providing advance intimation to you, in compliance with the applicable regulatory guidelines if any in this regard. In the event of discontinuance of a plan before the expiry of the validity of the tariff plan, RJIL may migrate you to another tariff plan, offered by RJIL, which may have at least the same validity and benefits for the unexpired tenure of the discontinued tariff plan. It is clarified that the speed and benefits may vary depending on the tariff plans chosen by you.
• RJIL reserves its right to modify, alter the terms and conditions, owing any reasons including but not limited to change in law, regulations, government policies, and any such terms and conditions altered, modified shall be effective upon notification to you either through our website or email or SMS to the registered mobile number of contact details or any other mode as may be decided by RJIL. Any additional terms and conditions, benefits, validity etc. relevant and applicable to the tariff plans shall be available at the enterprise portal of RJIL available at www.jio.com.
• In order to avail voice services you shall buy your own end user phones/ POTS to connect with the Service Equipment/ Devices.
• For telemarketing purpose you shall use only ‘140’ series, as advised by TRAI and if you use, the fixed-line number for promotional calls RJIL shall have the right to disconnect the voice services in the event of any complaints received against the fixed line for promotional or unsolicited calls.
• The fixed line number provided shall always remain the property of RJIL. In the event of surrender or termination of Services, retention of fixed line number shall not be permitted.
• There will not be any separate billing / itemized billing for STD and local calls when you have subscribed Centrex services as a part of Plan. However any additional Centrex service connections over and above forming part of the Plan shall be billed separately as per the tariff plans chosen by you.
• Fixed Mobile Convergences (FMC) services if any, provided as per the Plans shall be available only between Jio mobile services and Jio fixed line services.
• Standard service levels provided by RJIL in compliance with applicable laws shall apply for the Services subscribed by you.
• Service(s) will be activated post installation and commissioning at Customer Premises. Once the Services are activated, a notification in this regard will be issued to you and billing shall commence from the date of activation of High Speed Internet (HSI) Services.
• You will have the option to upgrade, downgrade or change the Services as per the Plans available at the relevant time.
• Certain devices viz Business Gateway (ONT) and Voice gateway (IAD) (hereinafter referred to as ‘’Devices’’/’’Service Equipment’’) which are required for the use and enjoyment of Services shall be provided by RJIL and or its Affiliates on a limited right to use basis to Customer, subject to respective terms and conditions. Any other devices not forming part of the Services are to be purchased or arranged by Customer. Customer shall have the right to use certain devices, the specifications of which are approved by RJIL. POTS phone, bridge device, IP camera or any other device required for use of Services but not explicitly included in the Plans, are to be arranged by Customer. Devices / Service Equipment provided shall always remain exclusive property of RJIL and or its Affiliates. In the event of surrender, cessation or termination of Services, whichever is earlier, you shall return the Service Equipment in good condition as provided to you, subject to normal wear and tear failing which applicable charges assessed by us towards damages and / penalties along with Goods and Services Tax (GST) towards loss or damage to Service Equipment as applicable to be imposed and recovered from you by RJIL and or its Affiliates, subject to intimation in this regard . In such events, PSTN number may be allotted to another subscriber at the sole direction of RJIL and you shall not have any right on the PSTN number. In case of shifting of Premises, you are advised to provide advance intimation to RJIL and may surrender the Devices / Service Equipment before or at the time of shifting the Premises. You agree that you shall not use Service Equipment for any other purposes other than for availing the Services.
• You may at your option subscribe for various Add on services which are available and eligible to be subscribed as Add on services, as decided by us and or our Affiliates on the basis of products and services in Plans subscribed.

Access to the Premises

You shall ensure unrestricted access on a 24X 7 basis to the building occupied by you, its ramp, basement, common areas, roof top and other locations in the Building (hereinafter called ‘Premises’) for the limited purpose of installation, commissioning, operation and maintenance of Optical Fiber Cable (OFC), equipment, etc. including third party/ landlords consent, if any required for the same. Additionally, periodic physical inspection of the Premises from time to time for checking bona fides of the Customers shall be conducted by RJIL. Access shall be made available to RJIL and its Affiliates, who are directly or indirectly controlling, controlled by, or under direct or indirect common control with RJIL and includes any associate companies of RJIL, for carrying out various activities in connection with the provision of Services.

Warranties, Rights, Obligations of Customer

• You represent and warrant that,
• Services shall be used in compliance with all applicable laws, including but not limited to the provisions of Information Technology Act 2000, and Rules made thereunder, Indian Telegraph Act, 1885 and the Indian Telegraph Rules, 1951 and Rules made thereunder and amendments or replacements made thereto from time to time,.
• you are obliged to provide, without any delay, access to authorized officers of RJIL or its Affiliates, Department of Telecommunications, Intelligence Department officers when such access or information is required for investigations or detection of crimes and in the interest of national security, lawful interception and monitoring etc.
• You shall not
  
  1. Send, generate, any objectionable, obscene or unauthorized content or any content, messages or communications, content, materials infringing third party Intellectual property rights, or otherwise inconsistent with the laws of India;
  2. Hack or gain unauthorized access to any computer systems on the Internet/ CUG Network of other providers;
  3. Tuse the Services for any improper, immoral, anti-national, unlawful, or abusive purpose or for sending obscene, indecent, threatening, harassing, unsolicited messages, or to create any damage to us or our Affiliates or its Network/ infrastructure or to any other person whomsoever.
• You shall execute/ subscribe to applicable forms, grant consents and shall be bound by the terms thereof for change/addition/deletion of any features/ supplementary Services/ schemes/plans, value added services, Add on services as applicable. We/ our Affiliates may change or withdraw any of the supplementary Services at our sole discretion which shall be effective upon intimation.
• We will not be liable for your dealings with any person, who is not authorized by us to deal on our behalf.
• For the purposes of the compliance of applicable laws, directions or orders of competent authorities, courts or otherwise, you further acknowledge and agree that we may take such measures to prevent carriage of infringing content in its network, apart from initiating actions in response to complaints received from third parties in accordance with law.

Restriction or Suspension of Services

• You agree that, we, may at our sole discretion modify or temporarily restrict or suspend all or any part of the Services after due intimation to you, without prejudice to our rights to suspend or terminate the Services in full or in part at any time with or without cause or due to, violation of applicable laws or regulations, breach of the terms and conditions of Services by you, non payment of applicable charges or as per the terms and conditions of EAF, or any other agreement, or in the event of commencement of proceedings against you for winding up, bankruptcy or liquidation, appointment of receiver against your assets, passing of a resolution by your shareholders for winding up etc.
• You may surrender the Services at any time after issuing thirty (30) days notice / advance intimation to our Customer Help Desk after following the process defined by us and the Services shall be ceased to be effective from the date of expiry of such advance intimation as applicable. Post surrender of Services, associated services like voice number may be allotted to another subscriber at the sole direction of RJIL.

Security Deposit, Billing and Payment

• You agree to pay security deposit(s), at the time of subscription of Services, all charges towards the Service(s) subscribed, as per the Plans chosen by you on or before the due dates and in accordance with the bills raised by us and or our Affiliates towards the respective services, which may include installation charges , activation charges and / recurring charges etc Separate invoice(s) will be raised by RJIL or our respective Affiliates which are providing various services as per the Plan(s) subscribed by you. Any add on services or top up services availed by you shall be separately billed by the supplier of such services. Services shall be liable for disconnection or suspension if the invoices raised by RJIL and or its Affiliates are not paid in full on or before the due dates. You are not required to pay any Device repair charges in case of any manufacturing defects, however if the repairs are required due to any damages attributable to you, charges shall be assessed by us and or our Affiliates and invoiced to you accordingly. Charges shall be exclusive of any Goods and Service Tax or any other taxes which shall be levied at the applicable rates on the total invoiced amounts.
• RJIL and or its Affiliates are entitled to retain and appropriate the Security deposit deposited by Customer, in full or in part in its sole discretion towards any sums due from the Customer or in order to compensate for any uncured failure to comply with any provisions of this Agreement. RJIL and or its Affiliates shall refund the security deposit within the stipulated period of sixty (60) days, after deducting amounts if any due, payable by Customer and applicable charges as decided by RJIL and or its Affiliates, towards loss, damage or non return of Service Equipment in good condition, in the event of surrender or disconnection of Services due to any reason whatsoever. An interest at the rate of 10% per annum will be paid for the delay in refund of the Security Deposits after adjusting the charges if any as stated above. Installation charges if any, paid are not refundable at the time of surrender or termination of Services due to any reason of whatsoever. The refund of security deposit shall be as per the terms detailed herein and in compliance with the directions or instructions of regulatory authorities/ Competent Government Authorities in this regard. In case, any of the terms of such refund is in contradiction with the directions or instructions of regulatory authorities in this regard, the terms and conditions specified herein shall stand amended accordingly.
• Goods and Service Tax (GST) and other indirect taxes, as may be applicable will be charged and shown separately over and above the billed amount. Further, any in-crease/addition/introduction in taxes and/or levy of any taxes, levies, duties or any other statutory charges, etc (present/future) shall be charged to you without any notice and shall at all times be deemed to be payable.
• Delay in payment of bills beyond the stipulated dates shall entail a charge @ two(2%) percent of the bill value per month or Rs.100/- (Rupees one hundred only), whichever is higher, in addition to the pending bill charges and will be subject to further alteration of charges/ fixed amount payable by you, as specified in the invoices, or otherwise communicated from time to time, at our/ our Affiliate’s sole discretion. This however is without prejudice to our/ our Affiliate’s rights to suspend/ terminate the respective services provided partially or fully due to non-payment.
• We reserve the right to raise interim bills or demand interim payments and you agree to make such interim payment as and when required by us based on internal credit rating of the Customer by us.
• E-Bills will be sent to you to your e-mail address as mentioned in EAF/ CF / otherwise submitted through the portal, www.jio.com/ while registering for subscription of Services . For any change in e-mail address, you shall intimate our Customer care help desk about new e-mail address at least 15 days prior to the commencement of next billing cycle. You are responsible to pay your bills by the prescribed date. It is incumbent on you to enquire your balance and settle the same even in case of non-receipt of monthly bill for any reason whatsoever.
• We reserve our right to revise or notify payment instructions as part of terms and conditions of invoices or bills whenever applicable, authorize, appoint any of our Affiliates for collection of payments under this Agreement or to change them at our sole discretion from time to time.

Security and Authentication

• We and or our Affiliates exercises no control over and accepts no responsibility for the content or the information passing through the Network, Service Equipment, Devices, services etc.
• You shall promptly and thoroughly respond to any notices forwarded to you by RJIL and or its Affiliates, including, but not limited to notices alleging that the content transmitted by you, violate the Applicable Laws.
• You shall indemnify, keep indemnified and hold harmless RJIL, its Affiliates / and its directors, officers, employees against any breach or violation of these terms and conditions, terms and conditions of EAF, by you without any restriction or limitation.
• You shall adopt authentication process for accessing the Services and shall comply with applicable laws, guide-lines and regulations issued by any regulatory or government authorities in connection with the provision and access to the Services, irrespective of whether it is specifically mentioned herein or not.

Disclaimer

We and or our Affiliates shall not be responsible for any claims related to damage, revenue/business loss, loss of data, information or other content in connection with the use of Services or any interruptions, malfunctions in the Services which are caused due to third party carriers, other third parties or due to any force majeure events viz act of god, events beyond our/ our Affiliate’s control. We and or our Affiliates disclaims any liability in connection with violation of applicable laws, intellectual property infringement, indecent, offensive materials transmitted by you or your users and you shall indemnity and keep indemnified RJIL and or its Affiliates against any such third party claims, legal proceedings, awards, penalties etc. It is clarified that the relevant Affiliates of RJIL, their respective licensors or third party service providers, providing various services as per the Plans subscribed, shall be solely liable for the performance of obligations relating thereto, and or enforcing any rights as applicable and RJIL shall not be liable in any manner in this behalf.

Privacy

RJIL and/ its Affiliates, may collect personal information related to the Customer and or its users, which shall be used by RJIL and or its Affiliates, as per their respective privacy policies as applicable. The privacy policy of RJIL is available at www.jio.com.

Right to Issue Clarifications

We and or our Affiliates shall have the right to issue any clarifications, power to remove difficulties be it to correct errors in the documents or otherwise by way of communicating to you at any point of time, in case of any conflict or error apparent on record is found, which shall be binding on the parties.