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    nivak agreement

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    nivak agreement

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    Kanishka Khanna
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    nivak agreement

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    Kanishka Khanna

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    © All Rights Reserved
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    ‘This Services Agreement made on this 02% day of July Month of year 2024 ("Effective Date”) by and between: ‘Anonet Communications Pvt.Ltd.(ACPL), a company incorporated under the companies Act 2013, having its registered office at A-148, BASEMENT, PRIYADARSHANI VIHAR, DELHI-110092 (hereinafter referred to as “SERVICE PROVIDER’, which expression shall, unless repugnant to the context, be deemed to include its successors and assigns) of the First Part; AND 7 NIVAK COMMUNICATIONS PRIVATE LIMITED (hereinafter referred to as the “Customer”, which term shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors and legal representatives) of the Other Part; SERVICE PROVIDER and Customer are individually referred to as ‘Party’ and collectively as ‘Parties’. WHEREAS: ‘SERVICE PROVIDER is licensed by the Directorate of Telecom(DOT) to provide the Internet Bandwidth Services. Customer is desirous of availing Services from SERVICE PROVIDER. SERVICE PROVIDER has now agreed to provide Services to the Customer on the following terms and. conditions: 1) This is the master service agreement applicable on all the services which customer will take from SERVICE PROVIDER. In each order customer has to refer this agreement in T&C along with purchase order. 2) Any change in regulation/tarif from the Regulatory Authority would applicable with immediate effect. 3) SERVICE PROVIDER shall not be responsible for installation, commissioning and maintenance of any equipment or hardware unless supplied by SERVICE PROVIDER. 4) the Intemet Telephony is governed by intemet Services provider and other applicable licenses and laws of the Indian Government (Department of Telecommunication). Customer shall therefore ensure compliance to All such license conditions and laws and also ensure that intemet services (hereinafter service") provided by the Anonet communications Put. Ltd. (herein after ACP”) is not connected with PSTN (Public Switch Telephony network). Any infringement would result in termination of service «without any notice. This will be addition to any action taken by the Government, or under the Law. Understands further that the interet contains unedited materials some of which are sexually explicit or may be offensive to some people. Customer accesses such material at his own risk. Anonet has no control over and accepts no responsibilty whatsoever for such material. 5) Customer shall also not use the services of any anti-national activity. 6) Customer willbe fully responsible for any misuse of IP's allotted to him by SERVICE PROVIDER. 7) Customer agree that under no circumstances shall SERVICE PROVIDER, its contractors be liable for any direc, indirect, incidental, special, punitive or consequential damages that results in any way from ‘customer's use of or inabilly to use Service or any part thereof or, customer reliance on or use For NIVAK COMMINUCATIONS PYT.LTD., © scanned with OKEN Scanner information, services or merchandise provided on or through service, or that resulls from mistakes, ‘omission, interruption, error, defects , delay in operations or transmission, or any failure of performance. £8) Customer will allow personnel of SERVICE PROVIDER or vendor so authorized to install equipment as. also lay necessary cables for the connectivity. 9) Customer will arrange for installation for CPE (Customer Premises equipment) at a safe place free from dust, humidity and heat, preferably in an air-conditioned environment in case that itis provided by SERVICE PROVIDER, 10) Customer shall allow necessary access for maintenance activities of such equipment whenever required by SERVICE PROVIDER at its premises. 11) The equipment should be kept in neat and controlled HVAC environment, compiling to the ITU-T K series recommendations for environmental conditions, 12) Proper Earth-Neutral voltage to be 2V and the earthing resistance to be maintained less than or equal to one ohm not only for safety of personnel but performance, as specified in ITU-T SG5 recommendations. 13) Conditioned power supply with sufficient power backup for the equipment to be provided by the customer. 14) Separate condui/ducts with minimum distance of 12 inches for routing of data and power cables. 15) Provide free of charge, when so required by SERVICE PROVIDER, all facilities and resources whatsoever necessary for the proper installation, operation and maintenance of the Equipment(s) required for provisioning of the service including, but not limited to, power points, electricity, conduits, pipes, Floor space required: tmts *imts"2.2mts height (front and rear access required) for telecom Rack, Air-conditioned and dust free environment (22c+/- 1c), dedicated earthing for equipment, UPS. 240v/50hz/32Amps power points-2nos, Earth neutral voltage of UPS output should be less than 2 volts, Cutouts in false floor for cable entry 200mm*, 24 hours x 365 days power supply for SERVICE PROVIDER equipment with a notice period of 24hours in case of the power needs to be cut, etc. 16) Customer premises Equipment is third party equipment procured by SERVICE PROVIDER for providing connection to customer. SERVICE PROVIDER shall make all the efforts to get this equipment repaired at the earliest and at its sole discretion decide whether a defect in the equipment is to be repaired or the defective partis to be replaced. Customer undertakes not to obstruct removal of the equipment installed inside customer's premises by SERVICE PROVIDER or vendor so authorized on SERVICE PROVIDER written authorization on discontinuation/disconnection of services under “Exit Policy’, Since the same is the property of SERVICE PROVIDER. 17) Customer will not sell the bandwidth/connectivity provided by SERVICE PROVIDER until and unless otherwise agreed separately with ISP agreement in writing as an addendum to this Agreement. 18) Customer will pay to SERVICE PROVIDER from taking services from them at the prescribed rate, as described on the face of this form. Rate may be revised from time to time. Customers will be informed in writing, through any means of communication possible, in case the rates are revised. Payment must be received by the due date to avoid suspension/disconnection of service. Non —receipt of the in For NIVAK COMMINUCATIONS PVT. LTD, ‘Authorised Signatory © scanned with OKEN Scanner by customer cannot be a reason for non-payment. The customer must contact the accounts department of SERVICE PROVIDER and obtained duplicate copy of the invoice, if required. 419) Customer will make payment, for service, In favor of Anonet communications Pvt Ltd., Payable at New Delhi 20)Customer shall undertake all necessary Government permissions, Clearances and approval to make the service operational beyond the service provider by SERVICE PROVIDER. 21) Customer shall understand that civil engineering works, if any, shall be the responsibilty of customer. Customer will ensure that necessary formalities for undertaking such works are obtained from the property owners and Government authorities wherever necessary. 22)For any site/Link that the order is cancelled, the customer undertakes to pay SERVICE PROVIDER the one-time charges which shall include, but not limited to installation charges and third party services ‘which shall include, but not limited to bandwidth charges, hardware for which the order is already placed by SERVICE PROVIDER for providing for providing corresponding services to customer. 23) In case of mult locations order, billing shall start for the individual locations from the effective date for the respective location and the contract term for the individual locations shall be calculated on the basis of such effective date. 24) Service level agreement and EXCLUSIONS ‘SERVICE PROVIDER shall maintain uptime of 99% on links provided to the customer. SLA would be measured on quarterly basis. Customer will get service credits in the form of service only. It will not be adjusted in any form of cashback or adjustment in bills. Customer will get service for the impacted period without charges post completion of contract period. For the purpose of calculating Network / Service / Network Unavailability, Packet Loss and, Latency do Tot include Downtime or non-conformance to committed SLAs, resulting in whole or part from one or more of the following causes: a) Failure to notify the customer care and raising the Trouble Ticket of a service disruption; ) Any act or omission of Customer or its agents, contractors or vendors without prior authorization of SERVICE PROVIDER ©) Periods where faults are caused due to acts/omissions of Customer's equipment or facility or error due to failure of equipment or provided by Customer or third party on behalf of the Customer; 4) Planned outages for which agreed notification was given in advance to Customer; ) Non availability of power supply or other deficiency in the infrastructure provided by Customer, {) Faults reported by Customer, but no fault is found or confirmed by SERVICE PROVIDER to Customer; 9) Trouble tickets related to new installations, upgrades, downgrades and shifting; h) Customer elects not to release the Services for testing and repair and continues to use it on an impaired basis; |) SERVICE PROVIDER or its agents are not allowed an access to the Customer Equipment or the premises where the access lines are terminated; Periods where Customer or bandwidth provider staff was inaccessible to confirm the Service condition after fault clearance by SERVICE PROVIDER; J) Customer's scheduled maintenance; ) Any Service degradation or Outage caused by third party last mile connectivity or by local access facilities ordered directly by Customer. JCATIONS PVT.LTD. For NIVAK COMMINU pu ‘Authorised Signatory © scanned with OKEN Scanner 1) Periods taken by Customer to confirm the Service condition after faull clearance by SERVICE PROVIDER: 1m) Disconnection/s or temporary suspensions due to failure to meet payment obligations by Customer, 1) Interconnection to or from and connectivity within other Intemet Service Provider (ISP) networks or any other Service Provider network in India or abroad or any other interconnection that is ‘considered unauthorized as per the present or future guidelines issued by the Telecom Authority, ©) Periods where interruptions are caused by or due to occurrence of Force Majeure Events; ') Interruption during any period when the Customer has not released the Service to SERVICE PROVIDER for maintenance or for implementation; 4) Any cutfault in submarine cable system beyond SERVICE PROVIDER control. However, SERVICE PROVIDER may provide Service on best effort basis during this period depending on availabilty of resources; 1) Acts or omissions of Customer (including the provision of inaccurate information knowingly or unknowingly); ') Failure of local loop. 25) PROBLEM REPORTING (DOCKET OPENING) AND PROBLEM RESOLUTION (DOCKET CLOSING) 24.1 SERVICE PROVIDER maintains Centralized Call Centre / Help Desks at all SERVICE PROVIDER ‘main intemet nodes. For reporting any SLA related problem to SERVICE PROVIDER, SERVICE. PROVIDER adopts Docketing System. The Customer has to call up the Centralized Call Centre / Help Desk and report the problem as faced by him. The Customer shall provide all relevant details lke the unique customer code / circuit ID provided by SERVICE PROVIDER at the time of circuit commissioning, billing code, the exact way by which Customer concluded that problem exists, Customer Equipment / CPE details, contact details of the person in case they are diferent from the ‘ones in the SERVICE PROVIDER database and any other information which shall be helpful in resolving the problem or SLA claim settlement. The Docket number as allotted by the system will be issued to the Customer. The Customer needs to quote this Docket number to know the status of his ‘query till the Docket is closed. The Docket shall be closed by SERVICE PROVIDER on a phone call to Customer. In case of unavailability of Customer, it will be communicated and recorded through an e- mail to Customer and closed. 24.2 This Docket number will be the reference database for SLA claim process. Itis reiterated that any such claim without a Docket number will not be accepted by SERVICE PROVIDER for SLA settlement. ‘SERVICE PROVIDER maintains a helpdesk. 26)25.1 Customer with ISP license granted by the Department of Telacommunication (‘DOT’) for providing internet service and the COF and/or any applicable law as may be in force including the rules, regulations and guidelines laid down by DOT, Telecom Regulatory Authority of India (TRA), Information ‘Technology Act 2000 or by any competent authority tribunal or body or court of law. 25.2 The Customer shall pay AGR (whenever applicable) plus GST + other government taxes as applicable to the concerned tax authority. Service provider will have no say or responsibility on the same. 27) CUSTOMER SHALL NOT BE ELIGIBLE FOR SERVICE CREDITS IN FOLLOWING CIRCUMSTANCES + When a Customer account is not in good financial standing with SERVICE PROVIDER. + Force Majeure Events. + Failure of any Customer premise network equipment (including Customer premise equipment provided by SERVICE PROVIDER), Any Oulage attributable in whole or in part by local access + faciliies ordered directly by Customer. For NIVAK COMMINUCATIONS PVT. LID, authorised Signatory © scanned with OKEN Scanner + Outage due to Planned Maintenance. + Domain name service (DNS) issues like non-resolution of sites, etc. 28) DISCLAIMERS BY SERVICE PROVIDER 27.1The Services are provided on an “AS IS, WHERE IS and AVAILABLE” basis without warranties of any kind, either express, statutory or implied, including but not limited to warranties of title, non- infringement or implied warranties of merchantabilty of fitness for a particular purpose. No advice or information given by SERVICE PROVIDER, its afliates nor their respective employees shall create a warranty. Neither SERVICE PROVIDER nor its affiliates warrant that the Services will not be interrupted Or error free or that any information, software or other material accessible on the Services is free of viruses, worms, Trojan horses or other harmful components. The Customer shall solely at his / her / i's ‘own cost ensure that its equipment is adequately protected and SERVICE PROVIDER accepts no responsibilities or liabilities of any kind for loss of any data files. 28.2 SERVICE PROVIDER does not guarantee uninterrupted or fault-free working of the Network or the Services and shall not be liable to Customer or to any user or other person for injuries or damages resulting from omission, interruptions, delays, errors in transmission, failures or defects in Equipment, or any other causes (including but not limited to the failure to transmit) which are connected with Force Majeure Events. 29.3 In no event shall SERVICE PROVIDER be liable to Customer or any other person/party for direct or indirect consequential loss or damage, economic or otherwise, including of profits and loss of reputation, goodwill, even if advised of the possibilty thereof. 29.4 SERVICE PROVIDER makes no representation of warranty other than those set forth in these terms and conditions. SERVICE PROVIDER hereby expressly disclaims all implied warranties 29.5 SERVICE PROVIDER, its affiliates or its contractors expressly exclude and disclaim liability for itself, its directors or its employees, representatives and assigns for any direct, indirect, incidental, ‘special, punitive or consequential loss, damages, costs, expenses or for loss or profits, business, revenue, goodwill or anticipated savings or for libel andlor slander arising out of a message sent or received by Customer via SERVICE PROVIDER's Network or arising from Customer's reliance on or Use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. 29.6 In the event that any exclusion or disctaimer as to SERVICE PROVIDER'S liability contained in these terms and conditions, shall be held to be invalid for any reason and SERVICE PROVIDER becomes liable for loss or damage that it otherwise may not have been liable for, such liability shall be limited to refund of deposits and other excess advance amounts paid by Customer after adjusting the Charges due to SERVICE PROVIDER. 29.7 If at any time, during the continuance of Services, the performance in whole or part, of any obligation under it shall be prevented or delayed by Force Majeure Events, the Customer shall not have any claim for damages against SERVICE PROVIDER in respect of such non-performance or delay in performance in connection thereto. 30) OBLIGATIONS OF CUSTOMER 30.1 Customer shall be bound by the (a) terms and conditions of this Agreement, (b) terms and Conditions of the Customer Application Form, (c) terms and condition of the equipment hire agreement, (4) guidelines and instructions issued by the Communication Commission and other statutory authorities or their successors-in-office, as may be advised by SERVICE PROVIDER from time to time. 30.2 Prior to the commencement of Services hereunder, Customer shall submit the prescribed For NIVAK COMMINUCATIONS PVT.L orised Signatory © scanned with OKEN Scanner Customer Application Form/s complete in material particulars and duly supported by requisite documents, along with prescribed fees/payments as may be required by SERVICE PROVIDER from ‘and revised and updated time to time in order to enable/faciliate the provision of Services (and any additional services) pursuant to this Agreement. The Services shall not commence unless and unt Customer fulfils all requisite formalities in connection with Customer Applications Form and makes payment of prescribed fees. 30°3 Customer shall not use Services provided under this Agreement for any purpose that isin vilalion otany Applicable Laws or of public policy, and shall nt use the Services in any manner that violates any Statutory directives or orders for the time being in force or in any manner that may interfere unreasonably, direcly or indirectly, with the use of the Services by one or more other Customers of SERVICE PROVIDER; 31) SUSPENSION OR TERMINATION OF AGREEMENT / BREACH on 31.1 SERVICE PROVIDER reserves the right to terminate this Agreement / suspend any of their services at any time without notice and further obligation to Customer and without limiting any other remedies available to SERVICE PROVIDER including but not limited to the occurrence event of default. 312 Subject to terms and conditions contained herein, the happening or recurrence of any one or more of the following events shall constitute an event of default on the part of Customer under these terms and conditions (an “Event of Default") i Customer breaches the terms and conditions of this Agreement and fails to cure the same within 30 days of a written demand to that effect being made by SERVICE PROVIDER; ii. Any representation or disclosure made by Customer in this Agreement or in any document or certificate furnished by Customer in connection herewith or pursuant hereto, proving to be false, at any time, in any material respect; i I Customer fails to comply with all Applicable Laws, rules and regulations, inter alia, regarding the use of the Services. iv, Payment of an account is overdue for more than 25 days. ¥. Customer becomes the subject of bankruptcy, insolvency, winding up, receivership proceedings. vi. Planned network maintenance or emergency downtime is required. 91.3 SERVICE PROVIDER shall in its sole discretion and unconditionally, be entitled to suspend / disconnect / terminate the Services with prior notice to Customer in the event the SERVICE PROVIDER Gelects or suspects or has reason/s to believe or is advised by statutory agencies/authorities, that the Services provided hereunder is misused/used for illegal and unlawful purposes/carrying obnoxious messages etc. 31.4 In ease of termination of services because of any reason, Customer will handover hardware installed by SERVICE PROVIDER without any objection. 31.5 In the event Customer desires to exitterminate this Agreement, whole or in part, prior to the expiry of Lock-in Period, Customer shall inform SERVICE PROVIDER at least 60 days in advance in writing and shall be lable fo promply pay the Exit Payment (remaining ARC) to SERVICE PROVIDER for Links existing as on the date of exil/termination as per methodology enumerated in Exhibit - A to the Agreement. ‘Customer further agrees that the said advance written notice shall be accompanied by the requisite Exit Payment (remaining ARC). Failure to pay Exit Payment (remaining ARC) and other pending dues by Customer shall not be considered as exit notice from the Agreement. 31.6 If customer fails to pay the service charges of a particular duration and abscond without prior information and noice, SERVICE PROVIDER may produce the securly cheques in bank. Incase the cheques get bounce then SERVICE PROVIDER can tke legal action against the customer under the For NIVAK COMMINUCATIONS PVT. LID., ‘AuthoftSed Signatory © scanned with OKEN Scanner 32) TRANSFER AND ASSIGNMENT Customer is nol permitted to transfer the Services or to assign any right or interest or delegate any ofits ‘esponsibilties arising hereunder to any person. firm or company. 33) GENERAL PROVISIONS 33.1 Itis hereby agreed that this Agreement and the te ‘Application Form, shall govern the relationship between ‘exclusion of any understandings, oral or written, and/or any represent ‘written or visual, between the Parties relating to the Services. z 333.2 Any waiver, concession of extra time allowed or granted by either Paty to the other

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