KVBL Broadband Internet Service Terms & Conditions

The Terms and Conditions stated herein below form an integral part of the accompanying “Customer Application Form” and govern the provision of the services (as defined here under) by KVBL, pursuant to the said Customer Application Form.

• “Customers”/subscriber” means any person who avails the service(s) offered by KVBL. The term “person” stated above includes individuals, partnerships firms, proprietary concerns body corporates, housing societies, association of persons or body of individuals and other artificial juridical persons.
• “Service” in general includes all the services that KVBL offers, markets, maintains and supports as of date and all updates and upgrades that KVBL may offer to the Subscriber under the Kerala Vision Broad Band initiative. However, service in relation to the Subscriber shall mean and cover only those services which the subscriber has specifically availed for.
• The Terms and conditions herein, published by KVBL from time to time shall constitute and will be an integral part of the agreement between KVBL and the Subscriber with respect to the service. KVBL reserves the right to change any or all aspects of this agreement, operating rules, usage guidelines, prices governing the service plans, pricing structure and product/service policies at any time without prior intimation to the subscriber in specific. The Subscriber acknowledges that it is his/her sole responsibility to apprise himself/herself of the Terms and Conditions, as amended from time to time as published on the Website https://keralavisionisp.com/terms and agrees to abide by the same.
• The subscriber registration must be done with complete and correct details such as name, address, telephone number and e-mail address, etc,. In case of any change, the same should be updated by the respective Subscriber without fail or delay, failing which, KVBL reserves the right to terminate the service and close the account without any obligation to refund the Subscriber’s account balance.
• The service is being provided subject to all the applicable Indian laws, rules and regulations. The Terms of service published on the website https://keralavisionisp.com/terms . shall override all standard terms and conditions.
• KVBL Operations shall provide service to the Subscriber, in accordance with the terms and conditions then in force and as amended from time to time.
• The charges towards service subscribed are payable in advance and non-refundable. All taxes, duties or any other levies of any nature whatsoever payable for the service shall be payable by the Subscriber in addition to the charges towards availed services.
• KVBL will put in best possible efforts and strive to maintain the maximum possible uptime of the service. However, KVBL will not be responsible for downtime of service due to reasons beyond its control. (force Majeure). “Force Majeure” means events like Acts of God, war (declared or undeclared), riots civil commotion, revolutions, hostilities, strikes, epidemics, accidents fire or any other cause similar to the kind enumerated or equal force not within the control of KVBL and enders impossible the fulfillment of this Contract.
• The Subscriber also acknowledges and accepts that in the very nature of the service to be provided, there can be a number of factors affecting the services provisioned, and the obligation of KVBL shall be limited, to provide the services, on best endeavor basis.
• KVBL shall not be liable to the subscriber for any loss, expense or damage of a kind arising due to the performance of KVBL obligations under this contract or arising from disruption, interruption, suspension or malfunction of the service for whatsoever reason.
• KVBL shall not be responsible for any loss or damage which may occur resulting from the use of any third party software which may be optionally provided to enhance user experience. Any support that is needed has to be availed from the respective software vendors/companies. The subscribers have a free choice in regard to the usage of such software.
• KVBL will be responsibility only for carrying data packets and is not responsible for its nature or content. The Subscriber guarantees that the service will be used for genuine purpose only and will not be used for any immoral or unlawful or social unacceptable purposes as stipulated from time to time by Government of India.
• The subscriber hereby undertakes to fully defend, indemnify and hold KVBL, its employees, directors, officers, agents, partners, affiliates, and their successors and assignees from and against any and all liabilities, damages, losses costs and expenses, including attorney’s fees, caused by or arising out or claims based upon his/her use of KVBL services, including any claim of libel, defamation, violation of rights or privacy, loss or service, loss of profit, loss of opportunity, loss of business, loss of revenue, wasted costs, indirect, incidental, special or consequential loss arising out of or in any way connected with the use of KVBL services and any other indirect or consequential loss howsoever arising.
• The subscriber hereby declares that all information provided by him in respect of his/her use of KVBL services is true and accurate to the best of his/her knowledge and belief. The subscriber is solely responsible for the security of his/her password and for all transactions undertaken by using his/her password through KVBL website. The Subscriber acknowledges and accepts that considering the nature of the service there will be a need to change the password from time to time to avoid miss use and to maintain secrecy. The subscriber hereby confirms that he is the authorized holder of the credit card/debit card or is the original account holder used in the transactions he makes using the KVBL website and he alone users the “ID” and “Password” he has created in the site. If any, related to KVBL services (s). KVBL shall not be responsible for any financial loss, inconvenience or mental agony resulting from any unauthorized use/misuse of the Subscriber’s User-ID /Password/Credit card number / account details number for making online payments on the KVBL.
• The subscriber shall not distribute, transfer, re-assign, sell and / or offer or promote the service to others or otherwise, share the services with others without the express authorization of KVBL. In accordance with the terms of ISP license, KVBL or its assignees reserves the right to inspect the Subscribers premise at all times to ensure that the subscribers adhere to the terms of service. If the Subscribers is found in default in complying with the said terms of service, KVBL reserves the right to terminate the services immediately and shall not be liable for any refund or compensation thereafter. The Subscriber shall not do anything that is detrimental to KVBL’s interests.
• KVBL shall have the right to terminate the services, without any prior notice to the subscriber in the event of breach of these terms and conditions on the part of the Subscriber. KVBL and the subscriber shall also have the right to terminate this Agreement at any time by giving 30 days prior notice by way of general notification or publication or changes suitable made in the website https://keralavisionisp.com/terms without the need to assign any reason for such termination.
• The Subscriber acknowledges that the service is provided on “as is and available” basis. KVBL, its employees, agents suppliers vendors and distributors make no warranty or any kind, either expressed or implied unless explicitly granted to the Subscriber by way of service level agreements regarding the quality accuracy or validity of the data and/or information available on its systems or residing on or passing through its interconnecting networks or that the service will be uninterrupted or error free. KVBL expressly excludes any implied warranty of merchantability or fitness and any service guarantees granted to the Subscriber shall be limited for the cause and period of such agreement.
• KVBL and the Subscriber hereby agree that this agreement together with the operational rules. Usage guidelines and other terms notified by KVBL shall constitute the complete Terms and Conditions between them and there shall be no addition, modification or deletion to these Terms and Conditions unless it is so agreed in writing and signed by both KVBL and the Subscriber.
• Telephony on Internet is permitted to a limited extent i.e. (i) From 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. The Subscriber hereby indemnifies KVBL of any consequences arising out of such usage of this service.
• It is illegal to terminate Internet telephony calls to any public telephone number (PSTN, ISDN, PLMN, etc) in India, irrespective of whether the same originates in India or abroad and a violation of this clause shall be deemed as breach of agreement.
• The Subscriber agrees that the broadband service is a single PC connection. KVBL shall not be responsible for any downgrade of service due to re-distribution by the Customer, any re-distribution or sharing of this service without prior authorization of KVBL shall be treated infringement of network privacy and shall be dealt with as per prevailing cyber-crime and criminal laws, and the Subscriber shall be held fully and solely responsible for any costs and consequences.
• KVBL’s entire liability for any failure or breach on the part of KVBL shall be limited to the refund of the unused portion of the charges paid by the Subscriber towards availing the service. KVBL disclaims all warrants and conditions expressed or implied, including but not limited to, implied warranties or conditions expressed or implied, including but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose with regard to the service offered and in no event KVBL shall be liable for any other damages including special, indirect or consequential damages, loss of profits, business interruption whatsoever arising out of use or inability to use the services or unavailability.
• In using KVBL service, the Subscriber agrees to comply with all laws. Regulations ad rules applicable and hereby fully indemnifies KVBL against any claims, losses damages or consequence arising from non – compliance of the subscriber to any acts or deeds of the Subscriber outside the scope of this service.
• The Subscriber expressly acknowledges that the liability of KVBL is limited to the service rendered by KVBL and KVBL shall not be liable for any acts or deeds of the Subscriber outside the scope of this service.
• The Subscriber hereby declare that he/she read the Terms and Conditions of service published in the Website at https://keralavisionisp.com/terms and the Customer Application Form completely, and that he/she unconditionally agrees to abide by them.
• The Subscriber agrees that all the Terms and Conditions were explained satisfactory to him/her and has signed the agreement completely understanding the same.
• The ‘network’ or ‘network components’ use by KVBL to render the Kerala Vision Broad Band Services, including but not limited to cables, switches and un-interrupted power supply, ONUs deployed by or behalf of KVBL is the exclusive property of KVBL and the Subscriber shall not remove/re-locate the same without prior written consent from KVBL. Any attempt to violate or violation of the same shall be deemed as a willful attempt to destroy KVBL property and the subscriber shall be liable to be dealt in accordance to the prevailing laws.
• The subscriber equipment provided by KVBL or its assignees during the period of service or otherwise shall be the property of KVBL unless fully paid for, by the subscriber and subject to suitable acknowledgement in specific received from KVBL towards the transfer of ownership of equipment.
• KVBL reserves the right to control/monitor the functionality of the device provided to the Subscriber (if any), from its end during the service period.
• In order to provide speed of connection of service(s) or otherwise, KVBL reserves the right to upgrade the service(s), without prior intimation to the Subscriber as long as tariff remains unchanged for the service.
• Services may be suspended in whole or in part at any time without notice to the Subscribers if the network requires urgent modification, maintenance or under the instruction issued by competent offices of Government of India. KVBL shall make all responsible efforts to minimize the frequency and duration of such events.
• KVBL reserves the right to conduct a survey a seek feedback of the Subscriber on the service(s) provided by KVBL.
• Subscriber’s prepaid account will automatically get disconnected on expiry of the validity period of the pack value whichever is earlier and the Subscriber shall ensure that the account is active. KVBL shall not be held responsible for disconnection due to non-receipt of bill or non-receipt of communication in regard to expiry of account. KVBL shall charge a re-connection fee for such disconnections.
• KVBL may required to disclose any information or particulars about the Subscriber to any authority, statutory or otherwise, including but not limited to any debt collecting agency, security, law enforcement agency, financial institution or bank and KVBL reserves the right to comply with, as its discretion.
• The service is exclusively for the consumption of the Subscriber of the service. The Subscriber re-distribution or sharing the service for commercial intent is not permissible unless explicitly authorized in written by KVBL. KVBL reserves the right to inspect the Subscriber’s premises and disconnect the service without prior intimation, if the usage is found to be in violation of the terms and conditions of subscription, the Subscriber’s account shall be closed and the balance of amount remaining to the credit the Subscriber’s account shall not be refunded.
• The Subscriber acknowledges that spamming of e-mails is prohibited. Spamming is transmission of any form of mail that can be interpreted as junk mail or mail general via a distribution list, which the recipient has not specifically requested. KVBL reserves the right to block the Subscriber’s e-mail ID or even terminate the services in the event of breach of this provision is reported against the Subscriber.
• The speed mentioned against various service plans are as experienced using the KVBL Network and cannot be accurately measured by using other network hosted tools.
• For enhanced security, the Kerala Vision Broadband User-ID as chosen by the user at the time of registration, the IP address and the MAC address (unique for each LAN Card) will be used separately or jointly for authentication. This means that a Use-ID can be used only from that user’s PC and IP address allocated to the user.
• The subscriber shall not use the service provided by KVBL for any illegal or unlawful purpose. The Subscriber shall at all times follow all the rules & regulation laid down by the competent authorities from time to time.
• KVBL reserves the right to accept or reject any Subscription form without citing any reason for the same.
• It shall be the duty of the Subscriber to protect and keep the password protected, safe and secured. Online requested made by any Subscriber shall be treated equivalent to the physical form of application and KVBL shall not be liable for any unauthorized online requests made of the subscriber.
• By agreeing to the terms and conditions of the service, it binds the Subscriber and whenever and wherever applicable, his/her heirs, executors’ successors and permitted assignees and benefits KVBL and its successors and assignees.
• KVBL reserves the right to initiate appropriate legal proceedings in case of breach of any of these terms and conditions by the Subscriber.
• Proprietary rights to Contents: The Subscriber hereby acknowledges that the contents in the KVBL website including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsored advertisements, through E-mails distributed and the commercially produced information made available to him by KVBL Website or by any third party Website or contents therein, directly or indirectly accessed through links in the KVBL Website is the Intellectual Property Rights of the respective owners of such contents. The subscriber hereby agrees not to make any unauthorized use of these contents.

SERVICES TERMS & CONDITIONS

• A month is defined as 30 days
• Minimum speeds are guaranteed access speed up to the gateway.
• All-time references in service definitions are made in “hh: mm: hours” format.
• Day checkout time is 00.00 hrs midnight.
• Day means calendar day.
• Charges for static IP address are extra
• All services are prepaid.
• The base package is a combination of service parameters which is “Port Speed” and “Service(s)”.
• Base package re-definition is possible after the expiry of the validity period of the current package. Change in the base plan before the expiry of the validity period will invite a fee of Rs. 50/- (excluding taxes) per such transaction. The then-current tariff for Port Speed and service(s) shall apply for the re-defined base package. The subscribers can renew and upgrade their existing plan using the online portal provided by the company.
• Tariff is subject to change with one month notice or expiry of the current validity period, whichever is earlier.
• Tax and statutory regulations are subject to change without notice.
• All services are subjected to statutory regulations.
• Subject to all jurisdiction 24x7x365 of the site and online support available.
• Discounts are applicable only for usage-based-billing packages.
• Un-interrupted Services Continuity, at the end of the validity period of the current package. The subscription shall automatically get renewed to the most recently subscribed package, provided there is sufficient account balance to complete this transaction, failing which the Subscriber account shall be deactivate, However, the Subscriber(s) can opt to-stop auto-renewal by requesting the KVBL customer support services.
• Money Validity: For deactivated account, which might have certain un-spent balance, the account balance shall continue to be available for 3 months from date of expiry of the subscription. If the user account is re-activated within 3 months from the expiry of subscription, the previous un-spent account balance remains available. After 3 months from the expiry of subscription, the user account shall be treated as “expired” and any un-spent account balance shall not be refundable
• Once the user account is treated as _expired_, KVBL shall reserve the right to withdraw the DID number provided to the "expired" user account,without any notice and the KVBL shall not be responsible to the customer for any consequences thereof.
• Tariff plan for each service is published on the KVBL website https://keralavisionisp.com and it will be modified or replaced time to time
• The subscriber is required to ensure that IP Telephony is used as permitted by Govt. of India, Ministry of Communications and Information Technology.
• Internet Telephony is a service to process and carry voice signals offered through public Internet by the use of Personal Computers (PCs) or IP based Customer Premises Equipment (CPE) connecting the following:-
  • (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.
• Except whatever is described above, no other form of Internet Telephony is permitted.
• Translation of E.164 number/private number to IP address allotted to any device and vice versa, to show compliance with IANA numbering scheme is not permitted.
• The subscriber is required to fully comply with the provisions of Indian Telegraph Act 1885, Indian Wireless Telegraphy Act 1933 and Telecom Regulatory Authority of India Act 1997 as modified or replaced from time to time.
• The KVBL shall have the right to disconnect the DID services if it is inactive/unused for more than 90 days. The service will be reactivated on the customer's request within 90 days of disconnection. The DID number will be seized and reallocated after 90 days of disconnection.

CUSTOMER COMPLAINTS & ESCALATION

For normal complaints and direct support, subscriber should contact their local service partner / franchise and or call to customer care number for remote support. If required KVBL customer support team will call back to the subscriber. If the subscriber issues continue, a complaint escalation matrix and an external redressal mechanism is established by KVBL

• The customer shall register the complaints with the online portal/ customer care and accordingly tickets shall be generated. In case of technical complaints, the customer care shall forward the complaints to the local operator to get the complaints resolved. In case of other complaints, the customer care shall adopt necessary steps in resolving such complaints.
• If the grievances of the customer persist, the customer shall opt for a complaint escalation matrix and an external redressal mechanism is established by KVBL. The customer shall send an e-mail stating the issue along with substantiating proof thereof, to hello@keralavisionisp.com within 3 days of the issue. The redressal team shall contact the respective customer for the purpose of its resolution.
• In the event of receiving a complaint as per Clause 2 above, the Customer Redressal Officer will contact the Local Operator, if it is a network related problem from the Local Operators end. In the event of a vendor related problem, the Vendor will be contacted by the Customer Redressal Officer, to resolve the issue. If it is a technical issue which needs to be addressed by the service provider, it will be addressed and resolved accordingly.
• If the call for resolution of issue, is left unattended by the customer for Three Successive times or if the customer reschedules the visit or call back for more than 3 attempts, then the ticket will be nullified and the dispute shall be deemed to be resolved.
• The Customer Redressal Officer shall resolve and rectify the alleged complaint within 7 days of receipt of complaint, as in Clause 2 above. In the event of a customer being not satisfied with the resolution or in the event of the same being not rectified within 7 days of receipt of the e – mail communication as stated in Clause 2 above, the customer can escalate the issue before the Mediation Centre, as agreed in Clause 6 below.
• The customer shall make an Application for Mediation in the prescribed Form along with the substantiating proof of the proceedings before the Customer Care and /or Customer Redressal Officer to e – mail id: hello@keralavisionisp.com and/or to the address: Kerala Vision Broadband Limited, Uzhaloor Temple Road, South Thoravu, Pudukad, Thrissur - 680301, Kerala.
• The Mediation Centre proposes to resolve the dispute within 15 days of receipt of Application in the prescribed Form, unless an extension of the same is sought by either parties. The Mediation shall be held at the address specified in Clause 6 above.
• Pursuant to a successful Mediation held as referred in Clause 6, the parties shall enter into a Settlement Deed, which shall be binding on them.
• KVBL reserves the right to amend the venue of the Mediation Centre and the same shall have retrospective effect on either parties.

APPLICATION FOR MEDIATION

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