The under mentioned terms and conditions apply to all telecom services provided by
SwiftMail Communications Limited.
1. ‘SwiftMail Communications Limited.’ or ‘SwiftMail’ means a company incorporated
under the provisions of Companies Act, 1956, having its registered office at 4E
Century Plaza, Mount Road, Chennai – 400018 Tel No. – 044-66842000. India.
2. SwiftMail is the registered brand of SwiftMail Communications under which the
services are provided.
3. ‘Customer Premises Equipment’ or ‘CPE’ shall mean and any other equipment/
accessories included with it and supplied (but not sold) by SwiftMail.
4. ‘Customer Equipment’ shall mean any equipment not provided by SwiftMail.
5. ‘Network’ shall mean SwiftMail’s network through which services are or would be
made available to the Customer.
6. ‘Relationship Period’ shall mean the period commencing upon activation of
the Services and shall run in concurrence with the license agreement under
which SwiftMail is authorized to provide Services within the Network (license
Agreement’), unless otherwise terminated.
7. ‘Services’ shall mean all telecom services provided by SwiftMail to its Customers
which, interalia, shall include Telephone, internet, value added services (VAS)
and/or any supplementary/additional services made available to the Customer.
8. ‘Customer’ shall mean a person (including any entity or association of persons)
who has subscribed to the Services after completing the required formalities i.e.
making necessary payments etc, and gets activated on SwiftMail’s network.
Mere execution of the CRF shall neither constitute a person to be a customer/
subscriber or consumer of SwiftMail;
9. ‘Subscriber Application Form’ or ‘SAF’ shall mean the non-transferable form
appended herewith, which has been filled and executed by the Customer for
subscribing to the Services.
10. ‘Tariff’ shall mean all the rates, fees, charges, levies etc. and related conditions
including but not limited to activation fee, usage charges, deposits, advances and
service charges including service tax and any other statutory outgoings under the
tariff schedule as notified by SwiftMail for providing Service.
11. The applicability of the provision of Indian Telegraph Act, 1885, Indian Wireless Telgraphy Act, 1933 and Telecom Regulatory Authority of India Act, 1997 and Information Technology Act 2000 as modified or replaced from time to time.
1. RESERVATIONS
SwiftMail reserves the right:
1.1 to seek and/or verify the particulars including financial information provided by the
Customer, either by itself or from independent sources;
1.2 to reject any SAF, in case the particulars provided therein are incomplete,
incorrect or for any other legally just and valid reason. The information provided
by the Customer /gathered by SwiftMail shall become SwiftMail’s property even
if SAF is rejected and SwiftMail may use the said data for any lawful purpose,
subject to the applicable laws and regulations.
1.3 to amend the present Terms and Conditions for the proper provisioning of Services
or to comply with the applicable laws and regulations.
2. SERVICES
2.1 Services will be provided within a reasonable time, on receipt of duly completed
SAF. SwiftMail will use all reasonable endeavors to provide and maintain Services)
during the subscription Period.
2.2 SwiftMail has the right to predetermine, prefix or re-fix the credit limit for the
usage of Services availed by the Customer based on its internal credit rating. In
the event of exceeding of the credit limit, the Customer shall be liable to make
interim payment forth with for the Services availed including rentals failing which
SwiftMail reserves the right to totally or partially disconnect/suspend the Services.
2.3 Quality, functionality and/or availability of the Services, may be affected and
SwiftMail, with out any liability, whatsoever, is entitled to refuse, limit, suspend,
vary or disconnect the Services, at anytime, for any reasonable cause, including,
but not limited, to the following:-
2.3.1 Any/all applicable rules, regulations, orders directions, notifications, License
Agreement conditions etc. issued by the Government/Telecom Regulatory
Authority of India (TRAI1) etc.
2.3.2 Any discrepancy in the particular(s) provided by the Customer.
2.3.3 If the customer is in default (including past defaults) in making payment for the
Services.
2.3.4During technical failure, modification, up-gradation, variation, relocation, repair
and/or maintenance of the systems/equipment/network.
2.3.5 To combat potential fraud, sabotage, willful destruction, national security or for
any other force majeure reasons etc.
2.3.6 Transmission limitations caused by topographical, geographical, atmospheric,
hydrological and/or mechanical or electronic constraints/limitations and/or
availability of suitable cell-sites.
2.3.7 If Services are used in violation of any law, rule/regulation.
2.3.8 Interconnection failure between SwiftMail and other service provider(s).
2.3.9 Any other reason, which is found to be reasonable by SwiftMail warranting
limiting/suspension/disconnection of Services.
3. BILLING, PAYMENT AND SECURITY DEPOSIT
3. 1 SwiftMail shall bill the Customer as per the billing cycle which shall run on a
frequency as may be decided by SwiftMail from time to time. Taxes shall be as
per applicable law.
3. 2 Customer shall pay the subscription amount in advance as these are pre-paid
services.
3. 3 No payments are to be made in cash. Only A/c payee crossed cheque or a bank’s
demand draft favouring “SwiftMail Communications Limited” is valid.
3. 4 Customer shall deposit, such amount as interest free security deposit, as may be
determined by SwiftMail. SwiftMail reserves the right to forfeit/adjust/apply the
said security deposit in full or in part satisfaction of any sum which may be due
from the Customer to SwiftMail at any time. Customer shall continue to be liable
for balance, if any. SwiftMail may call for additional security deposit for Services,
made available to the Customer.
3. 5 SwiftMail, in accordance with TRAI guidelines/rules/regulations is entitled to
charge, vary, add, withdraw any services and/or to vary the Tariff on these
services and/or make any Service chargeable which is not initially or at any stage
chargeable.
3. 6 Upon delay/ non-payment of bills beyond the due date or non-deposit of any
applicable fee, charge or deposit, or any increase thereof, SwiftMail reserves the
right to totally or partially disconnect the Services of such Customer. For restoring
the Services, the Customer shall have to apply for restoration charges / additional charges as decided by SwiftMail.
3.7 SwiftMail will not be liable for Customer equipment being faulty / incompatible;
Customer must pay all the dues in full, without any deduction, charges as decided by SwiftMail, set-off or
withholding.
4. CUSTOMER’S OBLIGATIONS
4. 1 If the CPE is lost or stolen, the Customer shall forthwith inform SwiftMail. This
notification shall authorize SwiftMail to suspend all or any part of the Services
and/ or disconnect the Services. However, the Customer shall be liable for all the
charges incurred before such notification and suspension of Services by SwiftMail.
SwiftMail reserves the right to charge upto suspension of Services by SwiftMail.
SwiftMail reserves the right to charge reasonable amount as CPE replacement
charges from the Customer.
4. 2 Customer shall not use the Services for any unlawful, immoral or abusive purpose
in violation or derogation of any law/rule or regulation or statutory directive or
order for the time being in force or against any public policy or for sending/
receiving obscene threatening, harassing messages/ communications or sending
messages or communications that affect national interest, or create any
damage or risk to SwiftMail or its Network/equipment’s/call center and/or other
Customer(s). Any violation or misuse by Customer shall under no circumstances
be attributed to SwiftMail and the Customer shall be solely responsible for all
such acts or omissions. The customer hereby agrees to indemnify, hold SwiftMail
Communications Limited harmless against any claims including any claims arising
by anyone else using the telephone facilities availed by the customer.
4. 3 Customer shall intimate SwiftMail about change in address, if any, in writing along
with such proof, as may be deemed necessary by SwiftMail.
4. 4 Customer shall not use the Services as a ‘OSP’ (Other Service Provider).
5. CONFIDENTIALITY
Privacy of communication is subject to the terms of the license agreement of
SwiftMail with DoT and other statutory and regulatory notifications/directives etc.
The Customer specifically agrees that in order to facilitate SwiftMail to provide
Services, SwiftMail may be required to disclose any information or particulars
pertaining to the Customer to any authority, statutory or otherwise, including
but not limited to any debt collection agency, credit reference agency, security
agency, and reserves the right to comply with the directions of such authorities at
its discretion and without intimating the Customer.’
6. OWNERSHIP
6.1 The Customer shall have no title and/ or ownership and /or interest in the CPE
and therefore shall not be entitled to transfer/assign/lease and / or otherwise part
with the same under any circumstance. The ownership and effective control over
the CPE shall always remain with SwiftMail. The Customer shall not claim any
charge or lien on the CPE, even if any dispute is pending between the Customer
and SwiftMail. Customer shall be responsible for the maintenance and upkeep of
the CPE subject to normal wear and tear.
6.2 ALL CPE, provided (but not sold) by SwiftMail shall always remain absolute
property of SwiftMail. The Customer shall only have the custody of the
equipment or other equipment/accessories during the enrollment period.
6.3 The CPE has been provided to the Customer in order to facilitate SwiftMail to
exclusively use the same for rendering its Services. The Customer shall not deal
with the CPE independent of SwiftMail in any manner whatsoever.
6.4 Customer shall neither shift the CPE nor transfer the same in any manner. In
case the Customer fails to comply with the terms and conditions of enrollment
SwiftMail reserves the right to lift or remove the CPE from the Customer’s
premises and terminates the enrollment without any liability whatsoever on its
part.
6.5 Further, acceptance of bill payments by SwiftMail from a person other than the
Customer does not mean acceptance of transfer/assignment /lease of any rights
or obligation of the Customer to such person making the payment.
7. DISCLAIMER OF LIABILITY
7.1 SwiftMail makes no express or implied warranty, guarantee, representation
or undertaking whatsoever regarding the Services, which are not expressly
mentioned herein.
7. 2 SwiftMail shall not be responsible for any acts or omissions of any third party
including franchisees/ dealers/distributors/ retailers etc., with regard to scheme(s)
which are not expressly authorized by SwiftMail.
7. 3 SwiftMail shall not be liable to the Customer if any delays, loss of business,
profit, revenue or goodwill, anticipated savings, use of contracts, damages,
fees costs, expense, orders, judgment, etc. or for any indirect or consequential
loss, howsoever, if arises for or account of unavailability/ usage of Services or
otherwise.
7. 4 SwiftMail shall not be liable to the Customer for injuries or damages resulting
from omissions, interruptions, delays, errors in transmission, failures or defects in
equipment’s, or any other cause including but not limited to the failure to transmit,
which are connected with incidents of fire, explosion, war, riots, strikes, lockouts,
picketing boycotts, and cause originating in the facilities or operations of other
telecom or allied service providers and other reasons or causes beyond the control
of SwiftMail or for any reason whatsoever.
7. 5 The terms and conditions herein shall be subject to the notifications/guidelines
issued by TRAI and DoT, from time to time.
8. ADDITIONAL T&Cs FOR TELEMEDIA SERVICES
8.1 The Internet/Broadband speed available to the Customer is the maximum
prescribed speed for which the Customer is entitled and SwiftMail does not hold
out any assurance that the said speed shall be maintained at all times and the
same may vary depending upon the network congestion, technical reasons or
any other unavoidable circumstances.
8.2 It is clearly understood that installation of internet/broadband services require
several vital and time consuming activities, inter-alia, including laying down of
cables, proper wiring of the area, other technical requirements etc. and therefore
SwiftMail does not prescribe or hold out any fixed timeline after execution of the
SAF, during which the said Services shall be activated. SwiftMail shall endeavor
to activate the Service within reasonable time and it is expressly agreed that the
person executing the SAF shall not be entitled to raise any claim or action or
damages of whatsoever nature on account of delay in activation of Services and
the Customer shall only be entitled to refund of the initial amount paid by the
Customer, if customer cancels his order prior to provisioning of services.
9.The validity, construction and performance of the terms and conditions of the
SAF shall be governed by and interpreted in accordance with the laws of Republic
of India. The courts at Chennai, Tamil Nadu shall have exclusive jurisdiction in
respect of the subject matter of this SAF.
10.The parties have fully read the contents of the terms and conditions have
been explained in vernacular, Verbatim and upon understanding, have signed the
SAF as a token of its acceptance/consent and further with a clear understanding
that it is valid and binding document on both the parties and can be enforced in
the Court of Law.
