1: Linkwave is only responsible for manufacturing & technical defects of the grid, media converter and WI-FI router (if applicable i.e. supplied by Linkwave) in the 1-year warranty period. The 1-year warranty is only applicable if all components are supplied by us.
2: WI-FI Router adapter, roof mounted device adapter, media converter and LAN Cable is not covered under warranty. Charges for replacement at Rs 200, Rs 750, Rs 1800 and Rs 20/meter respectively.
3: Wi-Fi connectivity depends on your chosen Wi-Fi ROUTER.
4: Warranty will be void if seal is broken.
5: Linkwave is not liable for electric faults, physical damage, short circuits and /or fire or theft.
6: Speed is variable on broadband plans. Customer cannot be demand /claim for constant speed.
7: Broadband Customer services, Complaint & Payment deposit timings are from 10 a.m. to 7 p.m. Mon-Sat & 11 a.m. to 5 p.m. on Sundays.
8: Internal networking problem is not the responsibility of Linkwave.
9: If you are using multiple systems the speed you have chosen would be shared in all the systems.
10: Internet speed will only be checked on one system.
11: On all Broadband Plans the payment shall be made at our office or Franchise for which a receipt will be issued. Home Plans do not come with monthly bills. It is the customer’s responsibility to provide us with a functioning e-mail address on which bills will be e-mailed. Customers can also download their account related information from our Portal.
12: Account will be cancelled if payment is not received after 7 days of due date. For creation or re-connection of the account, a late fee of 10% will be charged of total amount due on the bill.
13: Charges will be applicable during the period of disconnection also.
14: Permanent disconnections should be submitted in writing or by e-mail at WeCare@linkwave.co.in 30 days prior to end of customer billing cycle. Monthly billing cycle will apply regardless on the number of days the connection has been used by the customer. Any amount outstanding will be deducted from the customer’s security deposit.
15: All Plans are applicable on a monthly basis and should not be treated as random recharge cases. Monthly billing cycle applies.
16: If a subscriber requests for inactivity on any Plan for any reason, a 25% monthly charge applies on the monthly plan amount. This has to be submitted in writing or by e-mail at WeCare@linkwave.co.in.
17: Unless a Linkwave Network related issue, a minimum service charge of Rs.250/- applies per visit, this includes any internal networking problem from customer end.
18: If the customer is not satisfied with our services, the customer is entitled to surrender the connection within 30 days. Customer security deposit and Installation will be refunded. Monthly Charges will be payable.
19: LINKWAVE shall update its Internet Service without prior intimation to its subscribers.
20: LINKWAVE would try to provide a reliable service’s to its customers. But it would own no responsibility in case of interruptions in the network beyond its reasonable control.
21: LINKWAVE will make its best endeavors to upgrade network capacity so as to provide desired speed of connections to the subscribers. However, the subscriber understands and acknowledges that he/she be able to connect and operate at such speed as determined by network resources available at that time.
22: The subscriber of LINKWAVE Internet Services is not allowed to resale the Internet Services.
23: The subscriber is required to use Telecom Engineering Centre (TEC), New Delhi approved Interface Equipment for accessing Linkwave Services. In case it is necessary to pay License Fee to LINKWAVE for connecting Modem/other Interface equipment etc. to ROUTER, subscriber is required to complete the necessary formalities with the local LINKWAVE office.
24: Value Added Telecom service providers shall get necessary permission/license from Dy. Director General (CS), Department of Telecommunications, Sanchar Bhavan, 20 Ashoka Road, NEW DELHI-110 001 [Tel: 3716874,- Fax: 3353303]
25: The subscribers of LINKWAVE Internet Services would not be allowed to use its Internet Services for inter-active Voice or Fax messaging.
26: The subscriber is required to desist from sending unsolicited messaging via LINKWAVE Internet Services.
27: The subscriber is required to fully comply the provisions of the Indian Telegraph Act, 1885, Indian Telegraph Rules made thereunder and Information Technology Act 2000 and any amendments or replacements made thereto from time to time.
28: The subscriber shall ensure that objectionable or obscene messages or communications, which are inconsistent with the established laws of the country, are not created, accessed, transmitted or retransmitted by him or any other person using his password.
29: Subscriber assumes total responsibility and risk for use of the LINKWAVE Internet Services. Neither LINKWAVE nor its affiliates make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to any merchandise, information or service provided through the Internet, and they shall not be accountable to any person whomsoever for any cost or damage arising either directly or indirectly from any such transaction. It is the responsibility of subscriber to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided through the service or in the Internet generally.
30: LINKWAVE may revise the tariff and email domain for its Internet Services from time to time at its own discretion.
31: Subscriber understands further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to some people and accessing, downloading, creating, storing or transmission thereof in any form or manner may be illegal/ unlawful. Should subscriber desire or decide to access such materials he/she do so at their own risk. LINKWAVE has no control over and accepts no responsibility whatsoever for such materials.
32: The subscriber shall desist from putting unsolicited messaging on server hosted by LINKWAVE. The subscriber shall ensure that objectionable or obscene messages or communications, which are inconsistent with the established laws of India, are not made, created, downloaded, modified, transmitted or retransmitted by him/her or any other person on the web server or web space of the subscriber.
33: The Internet service is provided by LINKWAVE on an “AS IS and AVAILABLE” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose. No advice or information given by LINKWAVE, its affiliates or their respective employees shall create a warranty. Neither LINKWAVE nor its affiliates warrants that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, Trojan horses or other harmful components.
34: Under no circumstances shall LINKWAVE, its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from subscribers, use of or inability to use the service or to access the Internet or any part thereof, or customers 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.
35: Payment of bills - The subscriber shall be responsible to make advance payment of LINKWAVE Internet Services. LINKWAVE shall be entitled to disconnect the service in case of non-receipt of advance payment without giving any prior notice to the subscriber.
36: While every effort is made by LINKWAVE to provide highest quality services to its subscribers of LINKWAVE Internet Services/Leased line services the subscriber acknowledges that the linking, quality and speed of data transmission of the subscriber with LINKWAVE network is entirely dependent on connectivity and integration with LINKWAVE systems. Accordingly, LINKWAVE shall in no event be responsible to the subscriber in any manner whatsoever for any failure, defect, delay in connectivity or accidental loss of connectivity of the subscriber with LINKWAVE network computer or the deficiency in data transmission between the subscriber and LINKWAVE network computers, or for any inconvenience, damage or loss that may be caused to any one or of any kind arising therefrom.
37: Force Majeure - If at any time, during the continuance of LINKWAVE Internet Services Service’s, the performance in whole or part, of any obligation under it shall be prevented or delayed by reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lock-out or act of GOD etc., the subscriber shall not have any claim for damages against LINKWAVE in respect of such non-performance or delay in performance of LINKWAVE Internet Services Service’s. Arbitration of Disputes - That in case of any dispute or differences, breach & violation relating to the terms and conditions the said matter or dispute, difference shall be referred to the sole arbitration of Chairman and Managing Director (CMD) of LINKWAVE or any other person appointed by him. That the award of arbitrator shall be final and binding on both the parties. In the event of such Arbitrator to whom the matter is originally referred to is being transferred or vacates his office on resignation or otherwise or refuses to do work or neglecting his work or being unable to act as Arbitrator for any reasons whatsoever, the CMD LINKWAVE shall appoint another person to act as Arbitrator in place of outgoing Arbitrator and the person so appointed shall be entitled to proceed further with the reference from the stage at which it was left by the predecessor. Subscriber will have No objection in any such appointment that arbitrator so appointed is an employee of the LINKWAVE, same as above, the said Arbitrator shall act as under the Provision of the Arbitration and conciliation Act, 1996 or any statutory modification or re-enactment thereof or any rules made thereof.
Acceptable user policy for LINKWAVE users -This acceptable user policy (AUP) specifies the actions permitted by Linkwave Technologies Private Limited (LTPL) to its users of Linkwave Internet Services, including leased line, IPBX and other services which may be introduced in future. LINKWAVE reserve right to modify the policy at any time. All subscribers of Linkwave Services, directly or indirectly are required to engage in acceptable use only as per this policy as modified from time to time.
A. Illegal use – Linkwave network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, and violates export control laws or anti national.
B. Subscriber conduct - Subscriber shall use Linkwave services for lawful purposes only. Subscriber shall not post or transmit using Linkwave services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which, without the LINKWAVE's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in the LINKWAVE's discretion restricts or inhibits any other Subscriber from using or enjoying Linkwave services will not be permitted. Subscriber shall not use Linkwave services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Linkwave services. Subscriber shall not upload, post or otherwise make available using Linkwave services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
C. System and Network Security- Violation of system or network security are prohibited, and may result in criminal and Civil Liability. The LINKWAVE will investigate incidents involving such violations and may involve/will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data. Harassing or threatening transmissions. Probing for means of gaining unauthorized access to computers or networks. Introducing or causing to introduce any computer contaminant or computer viruses into system or network. Introducing or causing to introduce any pornography material, e-mail etc.
D. Indemnification Subscribers agree to defend, indemnify and hold harmless the LINKWAVE, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of the use of Linkwave Services by subscriber or anybody else than the Subscriber, if any.
E. Email- It is a condition of use of Linkwave services that subscriber do not post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; post or transmit any information, software or any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; post or transmit any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A subscriber shall not use another site’s mail server to relay mail without the express permission of the site. Posting a message and subscribing without intent to large number of news groups, forums, e-mail, mailing lists or other groups or lists is prohibited.
F. Enforcement of AUP for LINKWAVE subscribers- Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a Linkwave subscriber or a subscriber's end user shall be considered violation of the policy by such customer or end user. Any user found violating the above AUP is liable for action under the prevailing laws including termination of services. LINKWAVE shall have the absolute right to immediately terminate, any time, Subscriber contract in the event of any conduct by Subscriber which the LINKWAVE, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of the terms and conditions.
General terms- a. LINKWAVE’s maximum liability under these terms or otherwise, in relation to the services shall be limited to a refund of the amount charged by LINKWAVE(if any) for the transaction which gave rise to dispute. Under no circumstances shall LINKWAVE be liable for any indirect, special, consequential or punitive damages or any damages for loss of data, loss of service, loss of Goodwill or any other similar loss even if LINKWAVE had been advised of the Possibility of such losses. The limitation on LINKWAVE liability as set forth here are an integral consideration for LINKWAVE offering the services and shall apply to the maximum extent permissible by law. b. Any increase or addition or introduction of taxes and or levy of any taxes, duties or any other statutory charges (present/future) shall be charged to your (Customer) account without any notice. c. Please note that these terms are subject to change and LINKWAVE may, from time to time, make suitable changes/ amendments to these terms in accordance with compliance requirements or for any other reason. Such changes/modifications shall be applicable to the services from the date mentioned in the change notification.
38: Any other equipment required for services like Wifi, Video & Voice Calling, etc such as Access Points/ Routers/Video Phones/ Voice Phones/etc will have to be purchased by Customer. LINKWAVE will not be liable to provide them.
39: The Service/s may be suspended in whole or in part at any time, without notice, if the Network fails or requires modification or maintenance. LINKWAVE will make all reasonable efforts to minimize the frequency and duration of such events.
40: The allotment of the Customer ID will be made, and can be changed from time to time, by LINKWAVE and at its sole discretion. Customer shall have no proprietary right or other interest in the ID allotted to the Customer
41: LINKWAVE will not be liable to provide the same ID in case of loss of the Equipment/hardware.
42: If the equipment installed by LINKWAVE at customer end gets defected, it will be sole responsibility of the customer to buy new equipment to continue services. LINKWAVE will not be responsible in any circumstances.
43: LINKWAVE reserves the right to apply a credit limit and specify other conditions for Charges incurred by the Customer and to demand interim or advance payment or deposits/additional deposits, and to suspend or disconnect access to the Service/s if such limits are exceeded or such conditions are violated.
44: LINKWAVE reserves the right to vary the bill cycle for the Charges from time to time.
45: LINKWAVE has the right to check the credentials of the Customer including the Customer's financial standing and to avail the services of any person or agency for such purposes. Obligation of LINKWAVE to provide the Service/s (or any of them) shall always be subject to verification of the Customer's credentials and documents and if at any time, any information and/or documents furnished by the Customer is/are found incorrect or incomplete or suspicious, LINKWAVE shall be entitled to suspend/terminate the Service/s forthwith without any notice.
46: LINKWAVE reserves the right to initiate appropriate legal proceedings in case of breach of any of these Terms and Conditions by the Customer (including non-payment of Charges and dishonour of payment instruments furnished by the Customer against his/her dues.
47: Any waiver, concession or extra time period allowed or granted by LINKWAVE to the customer is limited to the specific circumstance in which it was given and the same shall not affect LINKWAVE under these Terms and Conditions.
48: LINKWAVE may, without any notice, refuse, curtail, modify, suspend, disconnect or terminate the Service/sin whole or in part at any time if so directed by any statutory authority or judicial forum or without assigning any reason whatsoever.
49: Linkwave Technologies Private Limited shall be entitled to adjust/set-off deposits/payments made by the Customer against any Charges outstanding towards LINKWAVE. Similarly, LINKWAVE shall be entitled to adjust/set-off any amounts payable/ refundable by LINKWAVE to the Customer against any amounts which, in the opinion of LINKWAVE , are payable by the Customer to LINKWAVE Services or on any other account whatsoever. Such adjustments/set-offs may be made by way of deductions and/or forfeiture of any deposits/additional deposits/advances and/or any other manner as LINKWAVE may, at its sole and absolute discretion, deem fit.
50: The Customer is granted a personal non-transferable license to use the software loaded on the Equipment used/to be used for availing the Service/s. The license shall be royalty free unless otherwise specified by LINKWAVE and shall be revocable at LINKWAVE’s sole discretion in case, in the judgment or opinion of LINKWAVE, the Customer attempts to or actually does modify, recompile, disassemble, reverse engineer, erase, decode, temper or otherwise alter the software or in case the Customer commits a breach of any of these Terms and Conditions.
51: The Customer shall be entitled to use the software loaded on the Equipment only for the purpose of accessing broadband services provided by LINKWAVE and shall not be entitled to use it for any other purpose (including accessing telecommunication services provided by third parties except as permitted by LINKWAVE.
52: LINKWAVE reserves the right to replacement based on internal customer segmentation norms, which would be defined and described to the customer on a case-to-case basis.
53: For Prepaid Customers, if the customer do not recharge for continuous 3 Months, his services will be terminated. The Prepaid customer will need to fill a re-activation form & pay necessary fee to LINKWAVE to again get the services activated.
54: The courts in Dehradun/Meerut shall have exclusive jurisdiction. Valid documents which can be enclosed for Proof of Identity (All identity proof to have photo)• Aadhaar (UID) Card