TRANSMEDIA TECHNOLOGIES (AP) PRIVATE LIMITED

TERMS & CONDITIONS

General:


  • This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  • This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the domain name www.transmedia.co.in and/or other domain(s) which is owned and/or operated by M/s Transmedia Technologies (AP) Private Limited having registered address at #5-87-60, 2nd floor, ATR & Sons Complex, Main Road, Lakshmipuram, Guntur, Andhra Pradesh – 522007 India, India where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
  • For the purpose of these Terms of Use ("Terms"), wherever the context so requires,
    • The term 'You' & 'User' shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
    • The terms 'We', 'Us', 'Our', 'TMT' & 'FIRM' shall mean the Website and/or the Firm, as the context so requires.
    • The term "Services" shall mean and refer to all the Internet related services or cable services or tele communication services that are offered by the Firm, including but not limited to provision of Internet and/or other service(s) to various commercial entities and individual households.
    • The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Firm individually and collectively, as the context so requires.
  • The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an Orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
  • The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service(s) or value added service(s) that is/are provided by the firm, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User's act of availing of the Services constitutes the User's full and final acceptance of these Terms and the aforementioned Policy.
  • The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Service(s) following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms.

Service Eligibility:

  • The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not avail of this Service if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
  • These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
    • The User continues to use the Services; or
    • The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;

Provision of Service(s):

  • Service(s) shall refer to the facility of internet, cable television, IP TV, wifi hotspot, fixed line service(s), value added service(s) and other services which firm operate or may operate. The service(s) will be provided either wire mode or wireless mode subject to conditions.
  • All the services are subject to availability. TMT's network used for providing the services is made available on an as-is-as-available basis and firm makes no representation, guarantee or warranty regarding the availability, fitness, quality or reliability of the network whateverso.
  • TMT will not be liable for the equipment owned by user, being faulty/incompatible.
  • Application for service(s): User shall furnish all the mandate information in the application form/ KYC form with user's photograph and document(s), with self attested, as below mentioned.
    • Identification document(s): PAN Card, Aadhar Card, Voter ID, Driving License, Passport,
    • Legal document(s): For commercial/business users- Registration certificate/TIN copy/any government registration copy, Visa Document (if Non Resident)
    • Communication document(s): Telephone bill, Electricity/Power bill, Aadhar, Voter ID, Driving licence copy, Visa copy (If Non Resident).
  • Access to customer premises: Customer authorizes TMT's persons, and its employees, agents, contractors, and authorized representatives to enter Customer's premises (the "Premises") in order to install, maintain, inspect, repair and remove the Equipment and/or Services. If Customer is not the owner of the Premises, upon request, Customer will supply No objection letter with the owner's name and address, evidence that the Customer is authorized to grant access to the Premises on the owner's behalf, and (if requested by firm) written consent from the owner of the Premises. This Agreement is valid up to the service(s) period for the user.

Tariff Plan selection, charging and Installation:

  • User possesses every right to subscribe or customize to any tariff plan(s)/package(s) among the service(s) of the firm depends upon place to place and circumstances.
  • Tariff charges associated with service(s) is/are subject to change and, unless such changes is warranted by a change in any compliance requirements or taxes, license fees, cess or similar increase in service costs, shall only be affected upon prior notice and you will be charged based on the tariff plan(s) selected.
  • Tariff charges payable by you for the services may be in the nature of-
    • Pro rata charges based on use:
    • Subscription charges, either one time or recurring.
  • Installation charges (IC)/Activation Charges (AC) are depending upon feasibility, place to place, plan to plan and case to case. Such charges are non refundable under any circumstance subject to condition(s).
  • User need to pay an amount of Rs. 1,000 as Caution Deposit towards any customer place equipment (CPE) at user premises, which is refundable at time of termination of service(s) subject to CPE state of life, which is subject to case to case and conditions.
  • Firm possess the right of ownership of CPE, unless user purchased/bought the equipment. User has only right to use the CPE and responsible to maintain the CPE in good conditions. Equipment Manufacturer's warranty terms are forwarded to users who purchased such equipment(s) from the TMT.

Modification/termination of service plan(s):

  • Firm reserves right to modify/terminate the service plan(s) from time to time and may vary from place to place, which may communicate with user's registered number via SMS, Call, email, firm's website or any other mode.
  • Firm has right to modify/terminate service plan(s), depends upon conditions and case to case, on request of User.
  • Firm has right to shift the users from one plan to other based on business strategies/models with or without any communication.

Shifting/Change of Service address:

  • On submission of request in respective form along with self attested shifted address proof copy, at firm office(s), firm seeks for feasibility of service in respective area.
  • Feasibility report results of unavailability of wired service(s) at shifted place, user possess right to choose to continue service(s) via wireless mode or can terminate from service(s) by complying termination terms and refund terms.

Others:

  • TMT may suspend the service during technical failures, network up gradation/modification/repair/testing of the service network at anytime, with or without prior intimation to users.
  • TMT will put in best efforts and strive to maintain the maximum possible uptime of the service. However TMT will not be responsible for action beyond it's control. User acknowledges and accepts that in the very nature of the service to be provided there can be number of factors affecting the provision of the service and firm's obligation to provide the service shall be on best endeavour basis.
  • The customer acknowledges and accepts that TMT shall not be liable for any downtime in the service due to technical problems in TMT office(s), cable operator's network or bandwidth provider(s).

Billing, Payment, collection & Taxes:

  • TMT shall bill the user as per the tariff plan(s) or the billing cycle which shall run on the frequency as may be decided by firm from time to time.
  • Bills may be sent at the billing address (may be paid service) or email address as per our records, as mentioned in the application form, TMT shall not be liable for non receipt of bill(s) and in such an event, it shall be incumbent on the customer to enquire about the dues and settle the same.
  • All the payments are to be made by the prescribed due date or renewal date at our office(s), facilitation center(s) and door step (may be paid service). All non-cash payments are subject to realization.
  • No credit is allowed to users, subject to condition and on discretion of the company.
  • The services will not be renewed or provide, if user's service(s) account doesn't carry enough balance/deposit to renew service(s) account on due date
  • Payment beyond due date or renewal date shall entail late fees as prescribed by TMT from time to time and taxes thereon.
  • User must pay all the dues/tariff amount in full, without any deduction, set-off or withholding in respect of services availed by him. User need to remit all charges and also disputed amount, irrespective of any pendency.
  • The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of the use of the Service. There are sometimes laws and taxes that affect the Services. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Firm and its subcontractors from any claim, suit, penalty, tax, or tariff arising thereof.
  • All the taxes, present and/or future, and additional taxes/cess/duties etc. levied as per Government(s) and/or local authorities etc. with respect to service(s) subscribed and provided under this or other form will be charged to user's account and user need comply it.

Termination/Discontinuous of Service(s):

  • The Firm reserves the right, in its sole discretion, to unilaterally terminate the User's access to the services, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described hereinabove.
  • TMT hold or terminate service(s) upon prior request need to give to firm by respective user by calling to +91 863 2333369, send an email from user's registered email to support@transmedia.net.in and submit such requisition letter at our office(s). Refund will be paid as per refund terms/policies.
  • Service(s) will be terminated or temporarily discontinue to all or group or particular user(s), in the following cases, with or without prior intimation to user, at any time:
  • Upon order by Government(s)/local authorities, governing department(s), Judiciary, any other competent authority, upon violation of laws in force.
  • Non provision of correct and/or updated information like service/billing address, contact number(s) and/or other necessary information, which TMT think fit to provision of service(s), when TMT get noticed from verification process of TMT team or DOT or any authorised party.
  • Breach of any terms and conditions of the firm including non-payment or delay payment of any part of any invoice or if user's use of or action in connection with the use of the service(s) is inappropriate, in-decent, unlawful purpose, illegal acts including Intellectual/copy rights/trade mark law(s) violations, firm's network failure acts, cause of interruption of services to other users or firm and without any express or implied warranties save for those warranties implied or imposed by under Indian Law(s) in force.
  • User found on reselling the service(s) without proper authorisation of TMT and the right to access is subject to limits and restrictions established by the TMT from time to time.

Refund & Transfer of connection terms:

  • Only caution deposit will payback to user, subject to return of firm's CPE in good condition.
  • Refund, in any form, under any circumstances will not process by firm.
  • Instead of refund in any form, transfer of service will process on submission of valid application form and necessary documents.

Other Terms:

  • All disputes are subject to Guntur Jurisdiction.
  • Firm's network or service(s) availability may be adversely affected due to force(s) majeure circumstances like but not limited to war, hostility, acts of the public enemy, civil commotion, sabotage, riots, terrorist attacks, fire, flood, cyclone, any acts of God, strikes, lock out, explosions, epidemic, quarantine, compliance with orders/regulations/instructions of any Government(s) or agencies and also due to limitations caused by topographical/geographic/demographic factors.
  • TMT shall not be liable for any power failures, high voltage circuits or any other type of accidental damages.

Legal Responsibilities:

  • User has the right to use service(s) only for legally and fair usage. Firm has right to collect any damage charges from user(s) who acts/contributes illegality.
  • Users are bounded to Privacy policy, Fair Usage policy and terms of services policies, which may update and broadcast from time to time.

Confidentiality and communication:

  • By using our service(s) it is deemed that you have consented to receiving telephonic calls, SMSs and/or emails from Us at any time We deem fit. Such communications shall be sent to you on the telephone number and/or email id provided by You for the use of our service(s) which are subject to our Privacy Policy. These communications include, but are not limited to contacting you through information received from Third Parties. Such communications by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls. In case You wish to stop receiving notifications from Us with regard to marketing and promotional calls/ with regard to any communication received from Us, You may email Us at support@transmedia.net.in.

Security:

  • Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information is not received, stored by or retained by the Firm/Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
  • You can best control the risks associated with security, and are therefore solely responsible for maintaining such security. Firm will not be responsible for any disruption of service, corrupted files or viruses which affect the user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure Your System may result in the immediate termination of Your Service.
  • User's Obligations: The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
  • You hereby certify that you are at least 18 years of age.
  • You hereby agree to provide genuine credentials and information during the acquiring of services. You shall not use a fictitious identity while availing the Services offered.
  • You agree to ensure the contact number and email address is valid at all times and shall keep your contact information accurate and up-to-date.
  • You agree to comply with all local laws and regulations governing the usage of the service(s) provided by the Firm, including, without limitation to, any usage rules set forth in this Agreement.
  • User need to continuously monitor company’s mean of communications relating to updates on service(s).
  • It shall be the User’s obligation to make the payments at the necessary time and to enquire about any outstanding amounts.
  • The User shall pay the extra charges if relocating or changing of plans.
  • The User shall provide the proper and correct information and shall not hold the Company liable if the information provided is false.
  • The User is responsible to take care of TMT’ CPE, if any damage observed, respective charges will be collect from user(s).
  • The User shall adhere to the Indian telegraph Act 1885, and the telegraph rules.