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The terms “you,” “your,” and “yours” refer to the customer. Onextel Media Private Limited, incorporated under the provisions of the Companies Act, 1956, hereinafter referred to as “OneXtel”, “we,” “us,” and “our.” These General Terms and Conditions are governed by our Terms of Service. Our Terms of Service take precedence over any conflicting General Terms and Conditions provision. BY USING ONEXTEL SERVICES AND ONEXTEL WEBSITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THESE General Terms and Conditions. IF YOU DO NOT AGREE TO THESE General Terms and Conditions, PLEASE DO NOT USE THE WEBSITE AND/OR SERVICES.
Account ethics and confidentiality-
You are entitled to withhold all the account confidentiality standards and shall not engage in partial or complete disclosure of “Account” information to any third-party resources. You are entitled to keep all the information regarding invoices, recent transactions, payments, application fields, and other panel details confidential.
Accuracy and Completeness of Information-
While OneXtel strives to ensure that the information contained on this Website is accurate and reliable, OneXtel makes no warranties as to the accuracy, correctness, or completeness of any such information and assumes no liability or responsibility for any omissions or errors in the content of this Website. OneXtel reserves the right to revise the information contained on this Website at any time in its sole discretion without any obligation to notify past, current or prospective visitors.
Your Use of This Website
You may download certain content that appears on this Website for your personal use, provided you do not remove or modify any copyright, trademark, or other proprietary notices. You expressly agree that no right, title, or interest in any downloaded materials is transferred to you as a result of such downloading or copying. There are inherent dangers in downloading materials and information from the Internet, and OneXtel cautions you to make sure that you completely understand the potential risks before downloading any such content. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any information downloaded from this Website, and OneXtel will not be liable for any damages that you may suffer as a result of such download.
Changes To The General Terms and Conditions
We reserve the right to change these General Terms and Conditions from time to time without notice by posting the changes to OneXtel’s Website. When we do, we will also revise the “last updated” date of these General Terms and Conditions.
Privacy Policy
OneXtel’s use of any personally identifiable information you submit to the Website is governed by the Website’s Privacy Policy.
Registration
The User has to get registered with us as per the service acceptance contract by providing relevant details including your contact number, mailing address, office address, and so on. The User should provide the current and true information as per the requirement of the registration form without fail. If in any scenario the information provided by the User stands untrue or incomplete, OneXtel holds the right to deny, suspend, or terminate the services at any instance without giving any prior notice. The User is liable to submit identification documents necessary as per the regulations of the Department of Telecommunications, Government of India. The account shall be set for deactivation in case the required documents are not submitted within 10 days of account activation, and we shall not be liable for any refunds.
Services Activation Delay
We are set to activate the user account within 7 working days of payment confirmation with a positive effect. However, the time may vary based on a certain set of limitations:
● The setting up of the accounting period may vary based on the changes in customer requirements.
● Holidays or Non-working days are not considered as a part of the timeline for the account activation period.
Resolution
We are committed to providing a resolution for any type of service delay; however, the User is entitled to a 100% balance refund available in the respective accounts in case a resolution is not provided within 30 days of the date of payment.
Exit Policy for Voice Services
If the customer is not willing to extend/renew the contract upon contract expiration,we can transfer the ownership of the number upon request to the User as per the
following policies:
● Only Virtual mobile numbers can be transferred.
● Landline/Toll-Free/PSTN numbers are not transferable.
● The user is liable to pay a transfer fee of INR 5000 to facilitate the transfer of ownership.
● The user has an option to continue with the services until the number porting process is complete by paying the rental and usage charges.
● We reserve the right to charge the User up to INR 7500 as a security deposit against the aforementioned charges. Any part of the unused amount will be refunded back to the User after the transfer of ownership is complete.
Communication
The User shall give their consent to receive communications from OneXtel through emails, calls, and SMS for the services and transactions on our portal. The users are entitled to register their valid e-mail ids and contact numbers for the same. The User shall also be entitled to receive promotions, service updates, and such other sorts of communications from our end.
Contact
In case you have any queries or suggestions about this Terms of Use Policy, please reach out to us at support@onextel.com or call us at +91-9711-750-750.
Termination
The User may, as per their best interests, deactivate their account at any point in time. OneXtel reserves the right to suspend or terminate access to our services without giving any prior notice or specific reason, and also in case of any possible violation of the terms of use. OneXtel shall not be held liable for any instances of termination of services on account of non-renewal or non- payment of dues on time.
Plans
Pre-Paid: The User can renew the services contract anytime post expiration of the services within two months from the date of contract expiration as per the following guidelines:
● The User can renew the service contract with the services of the previous number and the service plan only if the display number is available with us.
● The User can renew the service contract beyond one month from the date of expiration and before two months from the date of expiration without a guarantee of a previous service plan.
Privacy guidelines
As per the user registration guidelines, you shall be liable to provide true information while creating the account and choose a strong password. OneXtel reserves the right to have full access to customer-specific information and use it to an extent as permissible by the regulations of the Government of India to provide top-notch services to the users. We store your critical information and are liable to keep it secure as per the Information Security Act – 2000.
Use of Content
The diverse content available on the Website is to be used by the User solely for non-commercial purposes or the purpose of the services offered by OneXtel. The user is not entitled to the ownership of any type of content available on the Website. It is strictly not allowed to copy or reproduce the content for any purpose except as per the guidelines of this Terms of Use. OneXtel grants a temporary permit to users to view the content available on the Website provided there is no violation of copyright and trademark rules mentioned regarding the content. The content should not be used for any other purpose without prior written permission from the concerned authorities of OneXtel. We hold the right to modify, alter, renew, or change the content of the Website at any point in time without providing any prior notice to the User.
Fair Usage Policy (FUP)
We strive to provide the best-in-class services to our customers with relentless dedication. There are some scenarios wherein the credits added in the user accounts are not utilized for a very long time, or the account is not used for a very long time. This non-utilization creates an imbalance for the other users as non-operational accounts have to be handled on the backend, equally consuming time and causing work constraints. As there are very minimal validity impositions on SMS services, we intend to build a fair usage scheme to ensure adequate utilization of credits within a reasonable time frame (6 months – 1 year). Thus, to ensure that the services remain smooth for all our customers, we are introducing a Fair Usage Policy with the intention of service betterment.
FUPs for SMS and Voice
The credits in the user account shall no longer remain valid, followed by account deactivation and approved sender id and template de-listings if the criteria fall in any of the following scenarios:
a. If there is no account usage for six consecutive months and the User has not logged into his account for the last three months.
b. If there has been account usage in the last six months, but the User has not logged into the account for the past 3 months, the account will be kept on hold for deactivation as per the policy (ref. a).
c. If there has been no usage of the accounts in the past six months, but the User has logged into his account in the last three months, then the account will be kept on hold for deactivation as per the policy (ref. a).
d. Under no circumstances shall there be a refund for credits used against respective telecom regulations. The User is expected to maintain regulations compliant usage of SMS credits throughout the account tenure.
e. The User is expected to have a minimum of 10% usage of credits within the first month from the date of credit addition to the user account.
f. The User is expected to have a minimum of 50 % usage of credits within the first two months from the date of credit addition to the user account.
g. The effective credit balance on the voice platform shall be forfeited in case the account validity of the User has lapsed. The users are expected to utilize their balance within the validity period or to get their validity extended for the same.
Scope
The User is entitled to use the services in context with cloud communications for business purposes, providing Inbound and outbound solutions in context with IT support solutions.
Payment
The User shall be on agreeable terms with any forms of electronic payment modes available with OneXtel for service payments against the services offered. We therefore, in full terms, are authorized to process any type of payment electronically by the User against the services. The invoice for the charged services shall be generated and shared with the User at fixed periodic intervals. The User is responsible and required to cross-check and verify the invoice. If any discrepancies are to be found, the same shall be notified to OneXtel within 7 days of the date of invoice generation. Invoice reminders shall be sent to the User at regular intervals.
Regulatory Guidelines
OneXtel works under regulations formulated by the Department of Telecommunications, Government of India (DOT), and Telecom Regulatory Authority of India (TRAI). OneXtel reserves the right for modification, alteration, or removal of specific features or offerings based on the law and regulations without any prior notice. OneXtel holds no abiding policy to fulfil any type of service request demanded by the User. The provision of service request fulfilment shall be at the sole discretion of OneXtel depending on priority parameters.
Support
● OneXtel extends service support from 8.00 am to 8.00 pm over email at support@onextel.com or call at +91-9711-750-750.
● The general response time for any query or issue reported is 24 hours which may extend depending on the severity of the issue reported.
● OneXtel strives to resolve any type of issue reported in the minimum time possible with regards to the service provided but holds no guarantee that the issue will be resolved.
Governing Law and Jurisdiction
The services agreement of OneXtel falls strictly under the Laws of the Republic of India, and any disputes, disagreements (including questionable parameters regarding services) shall be taken to the relevant court, i.e. courts in New Delhi. This agreement stands firm, in compliance with the Telecom Resources Undertaking, the DND Undertaking, and the privacy policy in correspondence with the terms of usage of services and is above any other agreement or understanding between a user and OneXtel. If you have any concerns or queries with the agreement, please feel free to contact us at support@onextel.com or call us at +91-9711-750-750.
Disclaimers
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. No advice or information, whether oral or written, obtained by a user from OneXtel, shall create any warranty not expressly made herein. If you download or copy any material from this Website, you do so at your sole discretion and risk, and consequently, you will be responsible for any damage to your computer system or loss of data that results from the download or copying of any material or software. Some of OneXtel’s Services require the use of third-party services, products, or networks. OneXtel will make commercially reasonable efforts to communicate any policies, requirements, or guidelines of those third parties to You. You agree to follow those policies, requirements, or guidelines. ANY ACTUAL OR ALLEGED VIOLATION OF A THIRD-PARTY POLICY, REQUIREMENT, OR GUIDELINE BY YOU IS YOUR RESPONSIBILITY. ONEXTEL MAKES NO WARRANTY OR REPRESENTATION THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE IF ANY VIOLATION OF A THIRD-PARTY POLICY, REQUIREMENT, OR GUIDELINE BY YOU IS ALLEGED BY A THIRD PARTY.
Products and Services
All products (including software) and services of OneXtel may only be accessed and used according to a separate product or service agreement. If you have accessed such products or services before entering into a separate product or service agreement, such access violates OneXtel’s General Terms and Conditions. You shall immediately cease using such services or delete any such products from your computer or server until you become an authorized user of such products or services.
Limitation of Liability
IN NO EVENT WILL ONEXTEL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR TERMS OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE:
(i) USE OF THE INFORMATION CONTAINED ON THIS WEBSITE; (ii) USE OF SOFTWARE DOWNLOADED OR LINKED TO FROM THIS WEBSITE; OR (iii) FOR THE FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF ONEXTEL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST ONEXTEL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
Indemnification
You agree to defend, indemnify and hold OneXtel harmless from and against any third-party claims, damages, costs, and expenses, including reasonable attorney’s fees, arising from or related to your use of this Website.
Links to Third-Party Websites
Any links to third party sites are provided as a convenience to you, and such sites are neither owned nor operated by OneXtel. OneXtel has no control over these linked sites, is not responsible for the contents of these sites, makes no representations or warranties concerning these linked sites, and shall not be liable for any damages or injury arising from the content of these linked sites. Your viewing and use of any third-party sites are at your sole discretion and risk.
Copyright Notice
Unless otherwise noted, the graphic images, buttons, and text contained in this Website are the exclusive property of OneXtel and are Copyright 2014-2020 of OneXtel. All rights reserved. Except for your personal use as permitted herein, these items may not be copied, displayed, transmitted, or reproduced in any form without the express written permission of OneXtel.
Submissions, Suggestions, and Community Participation
In the event you elect to communicate suggestions for improvements to the Website or any of OneXtel’s services or properties (collectively, “Feedback”), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to OneXtel via comments, forums, e-mails, and the like (collectively, “Communications”) shall be considered the property of OneXtel. You hereby irrevocably assign all right, title, and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.
Trademark Notice
● The OneXtel logo is a trademark of OneXtel Media Private Limited.
● Other product and service names mentioned in these documents may be trademarks and/or service marks of others.
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