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Soft Link Application HYD 512Kb
Soft Link Application HYD 512Kb
Soft Link Application HYD 512Kb
i .exe
Form for SoftLINK Services of STPI
i) 12 Months √
ii) 36 Months
4.0 SERVICE FOR WHICH APPLIED. (Choose only one service code. Tick Appropriate Box)
(a) Whether any national leased data links from DOT are operational at
the location where these data circuits will be terminated. YES/NO
WHEREAS the SUBSCRIBER has applied to STPI for use of its High Speed Value
Added Datacom Network (referred as "SoftNET") as per details filled in point 4.0 above.
WHEREAS the SUBSCRIBER has applied to STPI for use of its High Speed Value
Added Datacom Network (referred as "SoftNET") at:
(Choose only one from below given and strike out others)
a) all locations wherever STPI has a Point of Presence
b) only one location
c) Multiple Locations
(Please mention name of cities below)
Location 1 : M/s Motorola, Block C&D,
Sanali Info Park, 4th Floor
Road No.2, Banjara Hills,
Hyderabad
Location 2 : …………………………………………
Location 3 : …………………………………………
Location 4 : …………………………………………
Location 5 : …………………………………………
AND WHEREAS STPI is willing and is in a position to provide and agrees to provide
such service to the SUBSCRIBER on the terms and conditions agreed by both the
Parties hereto as recorded in this agreement.
NOW, THEREFORE, in consideration of the mutual covenant set forth here in, the
parties agree as follows:
STPI shall provide SoftNET facility to SUBSCRIBER for the service as per details
in Point 4.0 above in this document.
STPI shall endeavour to provide reliable and errors free Datacom service to the
SUBSCRIBER. STPI shall also endeavour to provide fault response time of two
hours.
In case SUBSCRIBER has applied for grant of SoftNET Services at more than
one location the SUBSCRIBER shall be provided service as per rules of such
service in force from time to time and communicated to the Subscriber.
SUBSCRIBER shall follow such rules of service for the service contract period.
Breach of such rules of service will amount to cancellation of all incentives,
discounts applicable under such services extended to the SUBSCRIBER in terms
of tariff discounts etc. and SUBSCRIBER shall be charged for full normal tariff
applicable from the day of commissioning of circuits in all locations.
10.5.1 The service is provided for a "minimum period" of 12/36 months from the
date connection has been established and shall stand renewed on expiry
for further period of 12/36 months each, unless otherwise terminated by
either party.
10.5.2 (a) The service can be disconnected normally at the end of any
calendar quarter with 1 months advance notice by the SUBSCRIBER subject to
fulfilment of the criteria defined below: -
In case the SUBSCRIBER terminates the contract as stated above, STPI shall
repay to the SUBSCRIBER or allow him in account the appropriate proportion of
any rental paid in advance for a period ending after the SUBSCRIBER’S liability
for rental ceases.
adjustment of disconnection charges as stated in Article 10.5.2 (a) and (b) above
and outstanding bills etc. the Other-End SUBSCRIBER has to normally
surrender the connection. However, if the Other-End SUBSCRIBER requires the
connection alive for specific period, the Other-End SUBSCRIBER shall pay to
STPI or to any party authorised by STPI other end charges as per the tariff
structure and the currency applicable. This shall be allowed only after execution
of the written contract by the Other-End- SUBSCRIBER.
The period for upgradation of channel speed shall normally not exceed 30 days
from the date of written application. However, for downgradation; after *12/36
months, notice period will match with end of next full calendar quarter during
which STPI will do the needful. The contract signed earlier by the SUBSCRIBER
shall stand amended for “downgradation” or “upgradation”, as the case may be ,
in terms of the written application by the SUBSCRIBER and formal acceptance
by STPI.
10.8.1 In return for the services provided to SUBSCRIBER, the users shall pay
to STPI charges based on the tariff specified by STPI. The one-time
connection charges also include cost of tower/mast but only of Guy-wire
design and upto 30M height. If any additional height OR special design is
required, the customer as per additional prices indicated and agreed shall
pay the charges.
10.8.2 Any rental of the service shall begin, unless STPI notifies the
SUBSCRIBER to the contrary, on the day when STPI first makes the
service available to the SUBSCRIBER.
10.8.3 STPI from time to time and whenever found necessary and reasonable,
depending upon changes enforced by Government of India and other
foreign Telecom administrations as may be applicable on their behalf,
may revise the tariff and SUBSCRIBER shall adhere to such a revised
tariff.
10.8.4 In the event, STPI is not able to provide the service due to reasons
beyond its control, no interest shall be paid on the advance money but the
same will be refunded upon receipt of the request from SUBSCRIBER.
10.9.1 After the first time payment of one time connection charges and quarterly
instalment of tariff, STPI shall furnish quarterly bill to SUBSCRIBER
towards charges as specified in Articles 11.8 above. The SUBSCRIBER
Form No.STPH/4/D/027 Revision No:01 Page no. 10 of 18
Authorised Initial with round seal
Form for SoftLINK Services of STPI
shall pay the amount billed on or before the due date specified in the
respective bill. The four quarters in the year shall be calendar quarters
beginning with 1st January, 1st April, 1st July and 1st October.
10.9.2 In case of any dispute towards the billed amount, the SUBSCRIBER shall
not withhold payment of any bill and shall pay the billed amount within the
specified period. However, such dispute can be separately taken up with
STPI for the resolution thereof.
10.9.3 The SUBSCRIBER shall make all payments to STPI in the form of
Demand Drafts payable at “Respective STPI Location” duly crossed in
favour of “Software Technology Parks of India" and shall forward the
same to office of Software Technology Parks of India.
10.9.5 STPI can also agree for One Stop Shopping from the foreign-end subject
to a written confirmation appended to this contract.
STPI may from time to time modify the services enumerated in Article 11.1 here
in above by adding, deleting or modifying features of the services, by giving 8
weeks notice to the SUBSCRIBER. If such a modification is not acceptable to
the SUBSCRIBER, he can terminate the contract with the same notice period
provided the SUBSCRIBER did not request for the modification.
The SUBSCRIBER shall not use such services for any illegal purposes. Services
identification (i.e. SUBSCRIBER name and password) are for exclusive use by
SUBSCRIBER and it is understood that use by any other person or entity shall
constitute a breach of this agreement. In such an instance the agreement is liable
to be terminated forthwith upon written notice by STPI to SUBSCRIBER.
SUBSCRIBER agrees that responsibility, for payment of any charges or any
damages, in any such instance of unauthorised use by SUBSCRIBER or by use
of services identification meant for use only by the SUBSCRIBER, shall be that of
SUBSCRIBER and SUBSCRIBER shall pay all charges and damages without
any demur.
ii) The international leased lines shall not be terminated at either end on
Public Switched Network. In case it is found that the customer has
terminated International private leased line on Public Network at either
end, STPI shall be entitled to collect International Leased Line half circuit
rental @ 60.00 lacs per annum and in case the leased line is found to be
terminated on Public Switched Telephone Network, rental charges
payable would be @ Rs. 4.50 crore per annum, as per telegraph act as
amended from time to time. Such rentals shall be payable from the date
of provisioning of International Private leased line to the customer. STPI
shall also be entitled to disconnect the leased line circuit with immediate
effect.
iii) The leased line shall be used by the customer for transmission/ reception
of messages, relating solely to its business and for no other purposes.
The customer shall neither use this leased line or permit the leased line to
be used for any communication of or for any other parties nor shall
receive payments or other consideration directly or indirectly for
transmission of any message over the leased line. In case customer is
found violating this clause, STPI shall be entitled to collect International
Private Leased Line half circuits charge @ Rs. 4.50 crore per annum from
the date of provisioning of the circuit without prejudice to the right to
disconnect the leased line circuit without any notice to the customer.
iv) The ISP License holder will adhere to all the condition laid down in the
Licence Agreement signed with Department of Telecommunication, Govt.
of India.
v) The SUBSCRIBER shall also adhere to all the conditions and stipulations
as may be imposed by Department of Telecommunication, from time to
time.
10.12.1 The SUBSCRIBER is required to fully comply the provisions of the Indian
Telegraph Act, 1885, and the Indian Telegraph Rules, 1985 made
thereunder and any amendments or by replacements made thereto from
time to time.
10.12.3 The SUBSCRIBER shall observe, perform and comply with the
provisions of the International Telecommunication Convention and the
Telegraph Regulations made thereunder for the time being in force.
STPI has agreed to provide the use of the International Private Leased
Line to the customer subject to the provisions of the International
Form No.STPH/4/D/027 Revision No:01 Page no. 12 of 18
Authorised Initial with round seal
Form for SoftLINK Services of STPI
10.13.1 This Agreement shall come into effect from the date connection is
established and shall remain in force for a period of *12/36 calendar months and
shall thereafter stand renewed for further period of *12/36 months each unless
otherwise terminated by either party by giving, before the expiry of the said
period of *12/36 months, written notice as per Article 11.5 above declaring its
intention to terminate this Agreement on the expiry of the said period of *12/36
months. Without prejudice to this, STPI may terminate this Agreement by giving
15 days written notice if the SUBSCRIBER fails to make timely payment or
makes any unauthorised use of the service as mentioned above or in the event
STPI is not in a position to offer the services.
10.13.2 STPI has used its best efforts to ensure uninterrupted and error
free services to SUBSCRIBER. However, STPI cannot guarantee the same as
certain operational functions are under the control of other Telecom
administrations/Telecom carriers. Nevertheless, unless SUBSCRIBER,
counterpart or the foreign-end service provider is responsible for service failure,
STPI shall allow credit for outages beyond 1% in a given financial year at the rate
of tariff applicable. In order to claim credit as above the SUBSCRIBER must
notify STPI within 30 days at the end of each financial year.
10.13.3 Subject to aforesaid, STPI will not be liable to make good loss of
any kind whatsoever caused to SUBSCRIBER or any other person arising out of
use of the services, non-availability of service or non-delivery of message.
10.15 ASSIGNMENT
10.16 DISCLAIMER
10.17.2 Any matter/dispute arising out of the provisions of this agreement or out
of conditions leading to execution of this agreement shall be referred to
two Arbitrators, one to be appointed by each party and only in the event
of disagreement, the said two Arbitrators shall appoint an Umpire. The
decision of the Arbitrators and/or the umpire shall be final and binding
on the parties. Only the Competent Courts in Delhi shall have
jurisdiction to entertain and try any dispute relating to Proceedings. The
Arbitration Proceedings shall be conducted in Delhi in accordance with
the provisions of the Indian Arbitration Act, 1940.
IN WITNESS WHEREOF THE parties hereto have executed these presents the day and
year first above written.
By ………………………. By ………………………
The customer will provide adequate Air Conditioning 160 C to 250 C and maintain
a dust free environment in the space where equipment for LINKS will be
installed.
c) Power requirement :
The user will ensure the availability of "on-line" uninterrupted power supply 1
KVA (220V AC) with 8 hours backup at the site, before the actual testing is
conducted. The UPS has also to be continuously made available throughout
during operation of link.
IP Address :
a) End User will be provided IP address for use till the validity of contract. No. of
IP addresses assigned will depend upon the bandwidth applied for.
b) ISPs should apply for their own IP address blocks from APNIC.
Domain Name :
a) End users will be provided a domain name as sub zone of "soft.net" free of charge
on request.
b) ISPs should obtain their own domain name. End users can also apply for their
domain name.
STPI Radios.
21. SL704 Housing Customer Internet-work
Equipment in NOC and Managing it.
- 695 034
- 600 097