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Terms & Conditions

Agreement:

1. This Agreement comprising, Terms and Conditions,Services,Payments, Customer Undertaking and the Tariff Plan attached hereto, which are part and parcel of the complete Agreement between Aryatech Communications Pvt. Ltd. (hereinafter referred to as "ATC") and the Customer.

General Obligations/ Conditions:

1. The Agreement commences from date of signing and remains enforceable till the SIM Card is returned to ATC and all due/outstanding payments made.
2. The Agreement binds the Customer and wherever applicable his heirs, executors, administrators, successors, assignees etc.
3. ATC may amend any part of this Agreement, at anytime under intimation to Customer.
4. ATC reserves the right to reject the subscription at any point of time, without ascribing any reason and without any liability attached against ATC. In the event of such rejection, the Customer shall have no right to sue or claim against ATC except for the refund of money strictly according to the terms and conditions of this Agreement.
5 Any non-compliance by the Customer of this agreement may result in deactivation of services and/or IMEI blocking which shall be at the sole discretion of ATC without any liability. Reactivation shall be the sole discretion of ATC and on such other/further terms and conditions as ATC may specify.
6 No ATC employee agent or distributor is authorized to make any warranty on behalf of ATC. ATC shall not be held liable for any warranty given by any employee, agent or distributor of ATC unless authorized to do so by ATC. The statements or descriptions related to the Service or Mobile equipments by ATC(s) employees agents or distributors etc. are informational only and are not made or given as a warranty of any kind.
7.ATC is not liable for any payment made to any agent ,distributor or channel partner by the customer taken on behalf of ATC in his own personal or firms name. The agent , distributor or channel partner is solely responsible to pay ATC the amount received from the customer. If he fails to do so ATC will not be responsible to provide any services to the customer or It is fully entitled to claim the amount due for services availed by the customer .
8. Any dispute related to the Agreement/Bills shall be subject to the Jurisdiction of Jaipur Courts only.

A. Services/ Use of Services

1. The SIM card provided to the customer shall not be used in India, as per the Government regulations. The SIM card is global but should not be used in India . Any non compliance in this regard will be the sole liability of the customer.
2. The SIM card and personalized telephone number are and shall be the sole property of ATC and shall be returned by Customer(s) upon termination or deactivation or temporary suspension of services for any reason whatsoever. Under no circumstances the same shall be transferable by the Customer to any person without the express/written permission of ATC.
3. Privacy of Communication is not guaranteed and is subject to Government Regulations/Competent Authority and such other factors varying from Country to Country.
4. Service quality, functionality and/or reliability may be affected due to topographical, atmospheric, hydrological, environmental conditions, and/or any such factors/conditions, system changes, upgradations, repairs & maintenance of systems, equipments & services.
5. ATC is entitled to refuse, limit, suspend, vary, disconnect and/or interrupt the service (including supplementary services, mobile equipments, etc.), in whole or in part at any time at its sole discretion with respect to one/all Customer(s), without any notice or any reason and or due to various factors including but not limited. to Government Regulations, Orders Directions, Notification etc. 6. ATC does not provide any Guarantee/Warranty with respect to handsets if sold by ATC to the Customer. Any fault of deficiency thereof shall be addressed to the manufacturer directly and the customer hereby indemnifies ATC for such occurrence, if any.
7. For change/addition/deletion of any features /supplementary services/ scheme/plan customer shall provide the details in writing and be bound by the additional terms thereof. Any change or withdrawal from any supplementary services etc. shall not entitle the customer to any refunds or adjustments of the monies already paid or to be billed under the additional terms. Provision of Supplementary service etc. shall be at an extra charge and on such other/additional terms as are specified from time to time.
8. Premium SMS is a subscription based service & can only be activated or deactivated by the user of the SIM Card. ATC cannot guarantee the premium SMS charges as the cost vary from provider to provider & service to service. The deactivation process is generally mentioned in the subscription confirmation message received by the SIM card user.
9. On certain networks while roaming, Customer will be charged for every voice message deposited in their Voice Mail box.

B. Return of SIM/Handset/ Datacard

1. The customer is solely responsible for returning the SIM Card/Mobile Handset/Data Card to ATC within three days of arrival in India from abroad, unless otherwise specified in writing to ATC. In case of delay in return, the customer shall be liable to pay Rs 100 per day, till the same is returned to ATC.
2. In case of loss/misplacement of the SIM Card(s) with or without the Mobile Equipment(s) Customer shall immediately intimate ATC in writing via Registered Mail/UPC or E-Mail at support@atc.in. ATC shall thereafter within reasonable time deactivate the SIM Card. Customer shall continue to be liable for usage charges incurred on the SIM card/s, until it is so deactivated and would also be liable to pay 1000/- (One thousand Rupees only) per SIM card lost/ misplaced. In case of loss/misplacement of the Mobile Handset or Data Card, customer shall be liable to pay 5,000/- (Five thousand Rupees) per Handset/ Datacard.

C. Termination/ change in services and tariff plan

1. Customer may terminate the contract by sending request in writing, but shall be liable for any usage made and monthly rental accrued till the SIM card is not returned to ATC.
2. In case of Long term connection, the early termination charges/fees will be applicable as per Tariff plan selected.
3. The customer can change the plan anytime, the changes are applicable from the next bill cycle until which bills are generated according to the existing bill plan.

D. Bills and Payment:

1. Bills are raised by ATC as per Tariff Plan attached with the Agreement, and on the basis of usage details received from the Parent Network of the visited Country.
2. Bills shall include the airtime charges, access charges, monthly rentals, service tax charges for other services including Supplementary Services and other applicable interest, penalties, fees, charges etc.
3. Bill/s are raised on a Monthly basis and are dispatched within five working days of the expiry of the billing cycle. If bills are not received within ten days of the end of the billing cycle, Customer shall immediately intimate ATC and collect the duplicate bill and pay the same on or before due date. If no such intimation is received it shall be presumed that the bills have been duly received by the customer. ATC reserves the right to change the timing referred to herein and subject to systems, the billing cycle of any/all customers at anytime in its sole discretion and intimate customer accordingly.
4. Bill/s shall be paid by customer on or before due date including the excess amount from the credit limit assigned.
5. If the amount due is not settled within 15 days of the presentation of the bill, Customer will be charged on the outstanding amount, late payment charges at the rate of 100 per month for every 5000 or part thereof
6. ATC reserves the right to forfeit/adjust interest free deposits/amounts/advance/fees etc. against any delayed non-payment of any bill or any amount thereof. Customer shall continue to be liable for the balance payment, if any.
7. ATC reserves the right to increase the amount for deposits/advances at any point in its sole discretion with respect to any/all Customers which shall carry no interest.
8. ATC is authorized to charge the Credit Card of the Customer in single/multiple authorizations/transactions up to the full & final bill generated.

9. Any increase in taxes and/or levy of new taxes, levies, duties etc. shall be borne by/paid by the Customer.
10. If Customer fails to make any payment, among other things/remedies, ATC is authorized to demand immediate payment thereof from any Credit Provider/Bank Account of Customer and the customer shall not dispute the same or get the amount charged back.
11. The security amount shall be refunded (if not adjusted in the bills) to the Customer after 60 days of the return of the SIM Card.

E. Undertaking by the Customer:

1. I/We agree to undertake NOT TO USE the SIM card in INDIA.
2. I/We understand that the SIM Card provided by ATC is counry specific or global and any usage outside the specified country shall attract roaming charges applicable as per the network utilized.
3. I/We have understood that GPRS facility may be pre-activated on the SIM Card, for which Tariff Charges upto USD 20/MB usage may be charged.
4 .I/We undertake to pay the security deposit, and all charges associated and explained in the Agreement Form and the Tariff Plan provide same/us by ATC.
5. I /We are fully informed about the cellular mobile telephone services provided by ATC, the Billing procedure, the rates applicable and other terms and conditions cited in the Agreement Form and the Tariff Plan, and undertake to abide by them.
6 I/We undertake that l/We shall not use or allow to use the services for any unauthorized, unlawful, indecent, immoral or abusive purpose or for sending indecent, abusive, threatening, harassing calls and/or SMS/MMS and/or affecting/infringing national interest, applicable laws, create any nuisance, damage or risk to ATC and/or its networks, under any circumstances, whatsoever.
7 I/We undertake that only I/We shall be responsible for any misuse of the SIM Card/Handset for the entire term of the Agreement and that ATC shall not be held liable for any misuse thereof under any circumstances.
8 I/We undertake to comply with all applicable laws, by-laws, rules, regulations, court orders, directions by the Government/Courts/Regulatory Authorities like DOT /TRAI and shall fully co operate with ATC in providing any information sought in this regard.
9. I/We also provide our consent for any calls to be made by ATC to me/ us for collection of SIM/Handset, collection of payment(s), service delivery, etc.
10. I/We declare that all information provided by me/us is true and correct in all respects.

F. The Terms and Conditions shall bind the Customer and wherever and whichever applicable, his heirs, executors, administrators, successors and (permitted) assigns, and shall ensure to the benefit of Company and its successors and assigns.

(a) CUSTOMER FURTHER AGREES TO INDEMNIFY COMPANY AGAINST ANY ACTUAL CLAIM, SUIT OR OTHER ACTION INITIATED OR THREATENED BY AN AUTHORIZED USER AGAINST COMPANY AND TO REIMBURSE COMPANY FOR ALL COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES. RELATED TO THE DEFENSE OF ANY SUCH CLAIM, SUIT OR OTHER ACTION.
(b) Regardless of anything contained herein, Company's contractual rights and remedies, as well as those available at law or equity, are independent and cumulative. The failure of any party hereto at any time to require performance by the other party of any obligation/provision contained herein shall not affect the right of such party to require performance of that obligation/provision, or party waiver by any party of any breach of any obligation/provision of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provisions, or waiver of the provision itself or a waiver of any right(s) hereunder.
(c) If any part of this Terms and Conditions is held invalid, the remaining provisions will remain unaffected and enforceable, except to the extent Company's rights or obligations under the Terms and Conditions shall be materially impaired,
(d) The Customer shall comply with all directions/Instructions etc. issued by Company relating to the network, the Services and any/all matters connected therewith and provide Company all other and further information and cooperation as Company may require, from time to time.
(e) This Terms and Conditions represent the entire agreement between Customer and Company, as may be modified by Company and Customer in the manner specified herein, from time to time .
(f) All counterpart copies, facsimiles and reproductions of this Terms and Conditions (and Customers Signature) in Company's possession shall be considered the same as the original and shall be fully enforceable by Company.
(g) In cases of joint Customers, their liabilities under these terms and conditions shall be joint and several.
(h) The information provided overleaf shall be treated as part and parcel of this Terms and Conditions.

(i) The Customer hereby agrees and confirms that he has been informed that as per Government Regulations in force, the Services shall not to be used in India. Any violation of such regulations by the Customer shall be treated as intentional violation of the regulations by the Customer and the Customer agrees to indemnify the Company, to the full extent allowed by applicable laws.

(j) The Customer shall not use the Services for any improper, immoral, unlawful, or abusive purpose or for sending obscene, indecent, threatening, harassing, unsolicited messages or make any call or calls affecting/infringing upon National or Social Interest, nor create any damage or loss to Reliance or its Network or Subscribers or any other person, natural or legal whatsoever. Any such misuse shall under no circumstances be attributed to the Company and the Customer shall be solely responsible for such acts. The Customer shall explicitly indemnify and hold harmless the Company and its agents and franchisees from all suits, costs, damages or claims of any kind arising out of any act or omission or misuse of the Services by the Customer or any other person with or without the consent of the Customer.
(k) In case of any dispute or difference arising out of or relating to the terms and conditions hereof, such disputes shall be in first instance resolved amicably and in the event the dispute is not resolved then by referring to Lok Adalat/ redressal committee for conciliation under the provisions of Legal services Authorities Act 1987 and / or such any other applicable laws for that purpose at all such places where the company is having its branch/ circle offices. Notwithstanding anything contained herein above or in the event, the dispute could not be resolved, such dispute shall be referred to the sole arbitration and the arbitration proceeding shall be governed under the provisions of the Arbitration and Conciliation Act 1996. The piece of arbitration shall be in Jaipur ,Rajasthan, India and in English language. The award no passed in the said conciliation / arbitration proceeding shall be binding on the parties.
(l) Customer shall provide such other and further documentary and other information, as Company may desire from time to time.
(m) Customer shall be liable to pay to Company all legal and such other expenses as may be incurred by Company owing to breach of any/all terms of these Terms and Conditions by the Customer.
(n) The masculine nouns, pronouns etc. used herein shall also refer to and include feminine and neuter nouns, pronouns etc, as also any singular would refer to and include plural and vice versa, as the context may require.
(o) Company reserves the right to disconnect the Services and terminate this Terms and Conditions without notice, in the event of breach of any/all term(s) of these Terms and Conditions by the Customer as also, if any information provided by Customer is found to be incorrect at any stage, without notice and without any liability.
(p) This Terms and Conditions shall be subject to jurisdiction of Courts at Jaipur, Rajasthan only.
(q) The Customer may terminate the Services and this Terms and Conditions before expiry of the term stated on CAF Distributor shall intimate Company in writing at the contact details, 2 working days in advance, before any such termination and Customer shall have to pay all the amounts payable for the remainder of the term.
(r) The lock-in period under any tariff plan is minimum 3 months for long term Customers as may be defined by Company.
(s) On certain network, while roaming, Customer will be charged for every voice message deposited in the voice mailbox, and other VAS services. Customers will be liable to pay the charges where applicable.
(t) Customer represents and warrants that he/she has full right, power and authority to enter into this Terms and Conditions with Company.

G. Documents to be signed

a.The Customer is requested to go through the Terms and Conditions and guidelines of the attached tariff document carefully to avail the lowest possible tariff, on the SIM card.
b.The Customer is requested to sign on all the attached sheets as a token of acceptance of the service & tariff.
Air time charges shall be at the prevailing tariff plan applicable for the ATC prepaid card at the time of usage of the card. The customer hereby understands and accepts that any changes in tariff and related terms and conditions, communicated internally through SMS shall be a valid and proper intimation and shall become effective from the date of said changes. ATC may in its discretion introduce and charge monthly service scheme for the existing prepaid services. The customer must pay to ATC for the services including, applicable charges for the value added/supplementary services and other payable charges or levies as notified and published by . Not all value added / supplemental services available on the connection and shall connections shall be made available to the customer only on payment of additional charges and after intimation to the customer and on obtaining their consent for such charges. Each value added services shall be charged independently.

H. Cancellation / Refund

a. Customers may cancel their order provided they do so within 5 days of purchase and have not used the service. Customers who cancel their order will receive a credit less shipping fees and a ___ restocking fee. Customers who have used the service or do not cancel within 5 days of purchase will not be able to cancel their order.

b. These refunds will be issued after VSL reviews all usage on your account. This review will take several weeks as we wait on call details from our carrier partners which can take up to 30 days for us to receive.

I have read all the terms & condition printed above and I agree to abide by them.