1. Broadband – TRAI (Telecom Regulatory Authority of India) has defined broadband as an always-on data connection having the capability of minimum download speeds of 256 kbps.
2. Tracknet Services - Tracknet Services office at C-3, SADA Shopping Complex, Main road, Dantewada, Chattisgarh, Pin- 494449.
3. Connection Type or Type of Connection - Means any one of the Service Packages requested by the Customer for availing the Services. Typically this would refer to the mode, speed, data transfer, etc.
4. Connection - Refers to all activities associated with providing of Services for accessing internet by the Customer or by his authorized person at Customer Premises, through Tracknet Services .
5. Connectivity Charges - Refers to the one time up-front, non refundable charges, and Recurring charges payable to Tracknet Services for the type of connection requested by Customer as determined by payable from time to time.
6. CPE - Means Customer Premises Equipment, including the Modem and/or Router / Set Top boxes / Others installed by Tracknet Services at Customer Premises and required for accessing the Internet. The CPE may be either owned by Tracknet Services or the Customer.
7. Customer / Subscriber - Means any person who has agreed to avail, under these terms and conditions , Services from Tracknet Services, paid the defined / agreed price, and to whom Tracknet Services is contractually bound to provide the defined services.
8. Customer Premises - Means the address and location indicated by the Customer for using the Service(s).
9. Day - Means 24 hours commencing from 0.00 hrs and ending with 24.00 hrs and includes a part of the day.
10. Download - Means viewing/copying / receiving any data from the internet down to CPE/PC/ Device with the help of Service(s).
11. GB - Means Gigabyte.
12. Installation - Means installing the Service(s) at the Customer Premises by connecting the PC/ Device/ CPE with the network of Tracknet Services and may include installation of the required software for connecting to the Internet.13. Internet is a global information system that:
14. IP - Means Internet Protocol
15. IP Address - Operation of Internet service requires IP address, which is at present 32 bit binary address. This is required for each connection on Internet. Typically it is required for ports of routers and other Tracknet Services equipment and also for connections to be provided to end Customer.
16. Except whatever is described in condition above, no other form of Internet Telephony is permitted.
17. The customer can use Internet Telephony to make voice calls over the Internet through Services by using services of authorized Internet Telephony Service Providers only.
18. LAN - Means Local Area Network involving use of two or more computers through a LAN system.
19. Last Mile Linkage - Means linking the Customer's PC/ Device and/or the CPE with the network equipment of Tracknet Services through cables or any other medium.
20. Local Area - Means an area between the address of the Customer PREMISES and nearest network equipment of Tracknet Services as applicable.
21. Message Means anything falling within sub clause / Paragraph 3 of section 3 of Indian Telegraph Act 1885.
22. Month - Means calendar month commencing from 1st of every month till the end of that month and includes a part of the month.
23. PC/Device - Means the personal computer or device similar to a personal computer.
24. POP - Means the Point of Presence set up by Tracknet Services in the Area situated at the address which would serve as a connectivity point for providing the Service(s) to the Customer.
25. Pre-paid Means a method of payment for internet service that allows a customer to prepay for a set amount of internet usage in advance of actual usage. Generally a customer's prepaid account is debited on a real-time basis so that actual usage cannot exceed the prepaid amount until an additional pre-payment is made.
26. Post-paid Means a method of payment for internet service where a customer pays for a portion of the services and usage in arrears, subsequent to consuming the services.
27. Service Charges - Refers to charges payable depending upon the type of service requested by Customer.
28. Services or Service - Means all types of Internet access/content services, Value Added Services (VAS), Internet Telephony and all such associated Services offered by Tracknet Services under its Service Packages.
29. Service Packages - Means any one of the packages or schemes introduced by Tracknet Services from time to time and to which the Customer has opted for at the time of signing this agreement.
30. Tracknet Services Pvt. Ltd. refers to brand owned by Tracknet Services and the name under which the services are being provisioned.
31. Static IP Address - is a number (in the form of a dotted quad) that is assigned to a computer by an Internet service provider (ISP) to be its permanent address on the Internet.
32. TCP - Means Transmission Control Protocol.
33. Usage Bill - Means the bill indicating the charges payable by the Customer for the Service(s) availed from Tracknet Services for each billing period.
34. Year - Means calendar year comprising of 12 calendar months commencing from 1st January and ending with 31st December and includes part of the year.
If at anytime, during the continuance of Services, the performance in whole or part, of any obligation under it shall be prevented or delayed by reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lock-out or act of GOD etc., the Customer shall not have any claim for damages against Tracknet Services in respect of such non-performance or delay in performance of Service(s).
If any dispute arising out of these terms and conditions require intervention and/or adjudication by Courts then the Courts located within the limits of the City of Dantewada will alone have jurisdiction and jurisdiction of other Courts are hereby excluded.
While every effort is made by Tracknet Services to provide highest quality of services to the Customer, the Customer acknowledges that the linking, quality and speed of data transmission of the Customer with the network is entirely dependent on various external factors and agencies/appropriate authority over which Tracknet Services has no control. Accordingly, Tracknet Services shall in no event be responsible to the Customer with Tracknet Services's network or the deficiency in data transmission between the Customer and Tracknet Services network computers, or for any inconvenience, damage or loss that may be caused to any one or of any kind arising there from.
Notwithstanding anything mentioned in this terms and conditions if Tracknet Services is not able to provide the service as determined for any reason whatsoever, the liability of Tracknet Services shall be limited to the amount paid by the customer to Tracknet Services for installation of the said services.