Terms of Services
1.1 Agreement & Acceptance
The Terms and Conditions outlined herein, along with the terms specified in the Customer Application Form (CAF) and Invoices, which are timely updated, constitute integral components and are deemed to govern the provisions for the Services provided by Navam. By subscribing to the service from Navam Broadband Limited, the subscriber shall be deemed to have accepted these Terms and Conditions.
1.2 Right to Modify Agreement
Navam reserves the right to change any or all aspects of this agreement, operating rules, usage guidelines, prices governing the service plans, pricing structure, and product/service policies at any time without prior intimation to the subscriber specifically. It is the sole responsibility of the customer to stay informed of the Terms and Conditions, as amended from time to time, as published on the Website terms, and agree to abide by them.
1.3 Definitions of "Subscriber" and "Person"
“Subscriber” or “customer” refers to any individual who utilizes the service(s) provided by Navam. The term “person” mentioned above encompasses individuals, partnerships, proprietary concerns, body corporates, housing societies, associations of persons, bodies of individuals, and other artificial juridical persons.
1.4 Definition of "Service(s)"
“Service(s)” in general encompasses all the services provided, marketed, maintained, and supported by Navam as of the current date, including all updates and upgrades offered under the Navam Broadband initiative. However, concerning the Subscriber, the term “service” shall refer exclusively to the wired internet service availed by the subscriber.
1.5 Registration & Information Accuracy
The Customer registration must be completed with accurate and complete details, including name, address, telephone number, email address, etc. Any changes to this information must be promptly updated by the respective Subscriber. Failure to do so may result in Navam reserving the right to terminate the service and close the account without any obligation to refund the Customer’s account balance.
1.6 Charges, Billing & Combo Bundles
The charges for the subscribed service are payable in advance and non-refundable. Additionally, all taxes, duties, or any other levies of any nature whatsoever payable for the service shall be borne by the Customer in addition to the charges for the availed services.
Navam or its LCOs shall have the right to provide its service along with other third-party service as a combo plan which includes OTT platforms, etc. However, Navam shall not be responsible for services other than its core business of wired internet service.
1.7 Uptime & Force Majeure Events
Navam will work to maintain the maximum possible uptime of the service, exerting its best efforts. However, Navam will not be held responsible for service downtime due to reasons beyond its control, such as force majeure events.
“Force Majeure” includes events like Acts of God, declared or undeclared war, riots, civil commotion, revolutions, hostilities, strikes, epidemics, accidents, fire, non-performance of the third-party network service provider or any other cause similar to those enumerated, or of equal force, not within the control of Navam, rendering fulfilment of this contract impossible.
1.8 Limitation of Liability & Best Effort Basis
Navam shall not be liable to the Customer for any loss, direct or indirect expense, or damage of any kind including but not limited to mental agony, arising due to the performance of Navam service or arising from disruption, interruption, suspension, or malfunction of the service for whatsoever reason.
Further, the Customer also acknowledges and accepts that in the very nature of the service to be provided, there can be a number of factors affecting the services provisioned, and the obligation of Navam shall be limited to providing the services on a best-effort basis.
1.9 Factors Affecting Internet Speed
Navam provides wired internet services on a best-effort basis, similar to any other internet service provider, subject to quality regulations. The Customer must understand that internet speed experienced wirelessly and through hard-lined connections will vary based on numerous factors, both related and unrelated to Navam. These factors include, but are not limited to:
- Devices connected to the network.
- Performance of Customer equipment such as routers, switches, cables, etc.
- Presence of software bugs on customer devices.
- Network traffic issues in destination servers and domains.
- Peak usage hours.
- Availability of interconnecting network paths.
1.10 Customer Premises Equipment (CPE)
Navam provides wired internet connectivity services only; the data speed is subject to the Customer Premises Equipment (CPE) chosen by the customer. Customers are free to set up their CPE according to their preferences. If Navam offers any third-party CPE, either as "right to use" or at a cost, it does not guarantee the quality of the equipment.
1.11 Third-Party Software, Hardware & Content
Navam shall not be responsible for any loss or damage resulting from the use of any third-party software or hardware optionally provided to enhance user experience. Any support required must be obtained from the respective software vendors/companies. Customers have the freedom to choose whether or not to use such software or hardware, including modems, routers, etc.
Navam will be responsible only for carrying data packets through the wired connection and is not responsible for its nature or content. The liability of Navam is limited to the core wired internet service rendered by Navam, and Navam shall not be liable for any acts or deeds of the Subscriber outside the scope of this service.
1.12 Customer Duties & Indemnity
The customer shall not engage in any actions detrimental to Navam’s interests. The subscriber shall fully defend, indemnify and hold Navam, its employees, directors, officers, agents, partners, affiliates, and their successors and assignees harmless from and against any liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon his/her use of Navam services.
This includes any claim of libel, defamation, violation of rights or privacy, loss of service, loss of profit, loss of opportunity, loss of business, loss of revenue, wasted costs, indirect, incidental, special or consequential loss arising out of or in any way connected with the use of Navam services and any other indirect or consequential loss howsoever arising.
1.13 Premises Inspection & Compliance
Navam or its assignees reserve the right to inspect the Subscriber’s premises at all times to ensure that the subscribers adhere to the terms of service. If the Subscriber is found in default in complying with the said terms of service, Navam reserves the right to terminate the services immediately and shall not be liable for any refund or compensation thereafter.
1.14 Discretionary Termination & Notice
Navam reserves the right to terminate the services for non-compliance with regulations and T&C, non-feasibility of the location, lack of network capacity, non-availability of LCO in the location, or any issues out of the control of Navam. For these cases, Navam will provide 10 days prior email notice to the subscriber.
Apart from that, both Navam and its subscribers shall have the right to terminate the service by 30 days prior email notice without assigning any reason for such termination. The subscriber shall send such notices or objections to navambroadband@gmail.com. Further, Navam reserves the right to accept or reject any customer application form without citing any reason for the same.
1.15 Service Provision "As Is" & Disclaimer
Navam provides its service on an “as is and available” basis. Navam, its employees, agents, suppliers, vendors, and distributors make no warranty of any kind, either expressed or implied unless explicitly granted to the Subscriber by way of service level agreements, regarding the quality, accuracy, or validity of the data and/or information available on its systems or residing on or passing through its interconnecting networks, or that the service will be uninterrupted or error-free. Navam expressly excludes any implied warranty of merchantability or fitness, and any service guarantees granted to the Subscriber shall be limited to the cause and period of such agreement.
1.16 Ownership of Network Infrastructure
The ‘network’ or ‘network components’ used by Navam to render the Navam Broadband Services, including but not limited to cables, switches, uninterrupted power supplies, and ONUs deployed by or on behalf of Navam, are the exclusive property of Navam. The Subscriber shall not remove or re-locate the same without prior written consent from Navam. Any attempt to violate or violation of the same shall be deemed as a wilful attempt to destroy Navam property, and the subscriber shall be liable to be dealt with by the prevailing laws.
1.17 Customer Equipment Compatibility & Return
The customer is free to use their equipment at their premises compatible with Navam services. Customers are required to return the CPE (Customer Premises Equipment) to Navam or its assignee within 30 days of service inactivation, without any defaults, if the CPE is provided on a “right to use” basis.
1.18 Remote Monitoring & Network Maintenance
Navam reserves the right to control/monitor the functionality of the device provided to the Subscriber (if any) from its end during the service period. To provide speed of connection of service(s) or otherwise, Navam reserves the right to upgrade the service(s) without prior intimation to the Subscriber as long as the tariff remains unchanged for the service.
The Services may be suspended in whole or in part at any time without notice to the Subscribers if the network requires urgent modification, maintenance, or under instructions issued by competent authorities. Navam shall make all reasonable efforts to minimize the frequency and duration of such events.
1.19 Domestic Consumption & Resale Restrictions
Navam provides broadband connectivity to a single PC connection or a household unit. The household broadband service is exclusively for the consumption of the subscribers of the service. Subscriber redistribution or sharing of the service for commercial intent is not permissible unless explicitly authorized in writing by Navam.
Navam reserves the right to inspect the Subscriber’s premises and disconnect the service without prior intimation if illegal usage is found. If found to violate these terms and conditions, the Subscriber’s account shall be closed, and the balance of the amount remaining to the credit of the Subscriber’s account shall not be refunded.
1.20 Password Security & Electronic Transactions
It shall be the duty of the Subscriber to protect and keep the password safe and secured. Online requests made by any Subscriber shall be treated as equivalent to the physical form of the application, and Navam shall not be liable for any unauthorized online requests made by the subscriber. Navam shall be responsible for payments only for transactions completed under its invoices unless explicitly stated otherwise.