TERMS & CONDITIONS
An agreement is formed between the customer/member named overleaf (hereinafter referred to as the Customer) and PGTR (hereinafter referred to as “ibike”) a company registered under the Companies Act 1956, having its registered office at 168 Zone-2 MP Nagar Bhopal 462011 and Corporate Office at Statesman House, B-148, Barakhamba Road, New Delhi-110 001 and Local Office at AICTSL, when the form overleaf or some other form or order (e.g. mail order, Fax etc.) has been signed/sent by or on behalf of the Customer/Member and ibike has accepted the same, when used in these conditions.
|Means the ibike Network.|
|Means the services, which enable the Customer/ Member when using the equipment to have two-way communication over the network and includes other value added/supplementary Services offered by ibike and specifically, opted by the Customer/Member.|
|Means and includes the agreed Tariff schedule and all rate and related conditions such as deposits, installation fees, rental, usage charges and any other related fees and service charges under the Tariff schedule as notified and published by BSNL from time to time for providing the services and value added/supplementary services.|
Means a Customer Identification Module being a unique ID programmed with data, which is used to gain access to the network.
Cycles – GPS enabled cycles with GPRS.
|Means a person/company/firm/or any other association of persons who has subscribed for services under this agreement. This agreement binds the customer and whenever & wherever applicable, his heirs, executers, administrators, successors and permitted assigns and benefits ibike and its successors and assigns|
1. PERIOD OF AGREEMENT
1.1 The Agreement period shall run in concurrence with Licence Agreement between the AICTSL and PGTR for the operation of ibike Service in the concerned licensed geographical areas & shall be subject to all applicable laws, byelaws, rules, regulation, notifications, orders, directions of the Government / Court / Tribunal and shall be subject to other terms of the Agreement.
2.1 The customer shall ensure that he/she/it will duly fill and sign the form overleaf and all other required forms, besides furnishing other particulars/documents for identification as required by PGTR / Govt. of India from time to time to become eligible for subscribing to the said Services rendered by ibike. In the event of any default, on the part of customer as stated above, ibike shall be well within its right to refuse the membership without any liability of the said customer/member to its network and even to disconnect the same in case the said customer is already connected to the network and to forfeit the balance, if any, available on the wallet of the said customer and the same shall neither be credited nor refunded under any circumstance(s).
2.2 For proof of address customer has to submit along with form overleaf, self attested copy of any one of: Electricity Bill/ Water Bill / Ration Card / Passport / Telephone Bill / Voter ID Card / Driving License/ Adahar Card.
2.3 For Proof of Photo Identity the customer shall submit along with form overleaf self attested copy of the (a) Photo Identity card issued by Government or Statuary Authority / Photo Credit Card / Driving Licence / Income Tax PAN / Passport / Arms License / Voter ID / Adahar card (b) Public Limited Company may enclose certificate of incorporation along with any proof of identity, as indicated at (a) above of the authorised officer of the Company (c) In case of Government of India Undertakings, Government of India Offices/ State Government Offices, the aforesaid requirements are dispensed with and self-certification on the letterhead will suffice along with the name and designation of the coordinating officer to be consulted in case of need (d) In case of Foreign Missions in India and other Foreign Agencies, the name and designation of the authorized officer along with details of officials etc. are required for whom the ibike services is intended.
2.4 In case of outstation customers, details of local reference(s) are required to be given.
2.5 (a) For sole proprietary concern, proprietor may sign himself and affix rubber stamp on the form overleaf (b) In case of partnership concern, all partners or any one of the partners duly authorized or Person with the Power of Attorney may sign. (c) In case of Company, signature should be of a person on behalf of a Company, in accordance with the provisions of its Articles of Association. In case of partnership concerns, copy of (i) Power of attorney for authorization & (ii) Partnership Deed and In case of Company, a copy of the Articles of Association, is to be attached.
2.6 If at any stage information furnished in the form overleaf is found false – ibike Service / cycle provided is liable to be disconnected immediately without any notice.
2.7 Agreement commences upon ibike activating the unique id and continues subject to other terms, as per plan(s) /Scheme(s) /Services(s) chosen by customer and operate concurrently with ibike licence to provide services. Any moneys paid by the Customer shall not create any right in favour of customer until activation. In addition, BSNL reserves the right to seek/verify financial and other information from customer’s Bankers/Credit providers and such other sources and reserves the right to reject subscription even after activation for any reason without liability.
2.8 Customer represents that he has been fully informed about the ibike Services provided by PGTR, its specifications, requirements, limitations, tariffs etc. and has only thereupon signed this agreement.
- PGTR shall be at liberty to provide the services under any brand name.
- The information provided by customer / gathered by PGTR shall become PGTR’s property even if application is rejected / refused or connection is disconnected as the case may be and can be used by PGTR in any manner, if deemed fit.
3.1 The customer shall be provided a Unique ID (Customer’s Security Code), and a personalized wallet (which can be changed by ibike at any time) to enable the customer to use ibike services upon acceptance, within ibike System operating range in the licensed geographical areas. The said Unique ID( personalized number remains exclusive property of PGTR/ibike. The customer being licensed only during the Agreement period to use it to obtain access to the network and shall be deemed to have been returned by the customer upon the termination / determination hereof, and / or upon disconnection of service.
3.2 The UID and personalized Number is and shall always be the sole property of PGTR/ibike and shall be returned by customer(s) upon termination/determination, hereof, and/or temporary suspension of services., if applied
3.3 For change/addition/deletion of any features/supplementary services/scheme/plan, customer/member shall fill up the requisite form 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 moneys already paid, billed or to be billed under the additional terms.
3.4 Customer/ Member cannot use the service for any unlawful or illegal purposes or immoral, improper or abusive purpose or for sending obscene, indecent, threatening, harassing, unsolicited messages, or messages affecting/infringing national interest nor create any damage or risk to iPGTR or its network and/or other customers which relates to the network the service equipment or connected matters. PGTR reserves the right to disconnect service, without liability, if any, at its sole discretion on any such event.
3.5 Service quality, functionality, availability and/or reliability may be affected and/or ibike is entitled to, without any liability, refuse, limit, suspend, vary, disconnect and/or interrupt the service, in whole or in part at any time, at its sole discretion, with respect to one/all customer(s) without any notice, for any reason and/or due to various factors including but not limited to: (a) Government’s, RTO rules, regulations, orders, directions, notifications etc. including changes thereto (b) Transmission limitations caused by topographical, geographical, atmospheric, hydrological and/or mechanical conditions. (c) During technical failure, modification, up gradation or variation, relocation, repair and / or maintenance of the systems / equipments. (d) To combat potential fraud, sabotage, willful destruction, etc. (e) If services is used in any manner, which violates any law etc. or adversely affects or interferes, in any manner, the rendering of services by PGTR. (f) Any discrepancy/wrong particular(s) provided by the customer in the form application. (g) Breach of any term or conditions of this agreement on the part of the customer/ member. (h) If rendering of services becomes impossible in view of the problems arising on account of interconnection between PGTR and other service providers. (i) Any other reasons, which is found to be reasonable by PGTR warranting suspension/disconnection. (j) Force-majeure circumstances (i.e. Acts of God). (k) Delay / non-payment of bills, (l) Incompatibility with equipments including customer Equipment.
3.6 Privacy of communication is not guaranteed and is subject to Government’s Regulation and such other factors. PGTR is entitled to change, vary, add and withdraw any services/supplementary Services/ Schemes/Plans etc and/or to vary the terms and charges at any time, at its sole discretion. The rates/ charges may also change as per the directives of TRAI or any statutory authority from time to time.
3.7 In case of expiry/deactivation, the UID number may be allotted to another custome or deletedr as per the sole discretion of PGTR/Ibike. In that event, the customer shall not have any right or lien on the said UID. In case of suspension / disconnection etc. reconnection may be made by PGTR in its sole discretion, on such additional terms as PGTR may determine.
4. BILLING AND PAYMENT (ref Prepaid)
4.1 The Billing cycle shall normally run on monthly basis or such other frequency as may be decided by PGTR from time to time and the periodic bills be issued accordingly. The Customer is responsible to pay his bills by the prescribed date. It is incumbent on the Customer to enquire for his/her balance and settle the same even in case of non-receipt of the monthly bill for any reason whatsoever.
4.2 PGTR reserves the right to raise interim bills and the Customer agrees to make such interim payments as & when required by PGTR, based on internal credit rating of PGTR.
4.3 Bills will be sent to the billing address/ online of the Customer as furnished by him/her. For any change of address the Billing department should receive notification in writing well in advance to change the address along with such proof to accept the change.
4.3 A. In case any charges are disputed, customer shall intimate PGTR/ibike within 2 days of the receipt of bills. In case of non receipt of such information the charges will be presumed to have been accepted. Customer /Member shall have to pay full amount of even disputed charges pending settlement of disputes.
4.4 The Customer/Member agrees to pay to PGTR the subscription charges, usage charges, opted , value added service charges, supplementary service charges, PGTR charges for service made from mobile to fixed network, monthly rental, Service Tax, License Fee other taxes & duties etc and other charges payable for the services as published and notified by PGTR as per tariff applicable from time to time.
4.5 All charges and other sums to be paid by the Customer/Member are due for payment by prescribed due date. All charges must be paid in full without any deduction, set-off withholding. All payments must be made through online into the account mentioned on the ibike site
4.6 The present rate of deposits, connection charges, monthly rental charges, call charges and other payable charges are set out in the “Tariff Schedule” as notified by PGTR. PGTR shall have the option to vary the tariff, charges for value added services, supplementary services and any other conditions of services, retrospectively or from future date and the same shall be binding on the Customer/Member.
4.7 If the Customer/Member UID is lost or stolen the Customer should inform PGTR immediately. This notification will authorize PGTR to suspend all or any part of the services and/ or disconnect the Customer/Member UID from the Network. However, the Customer/Member remains liable for charges for all the calls made before such notification and suspension of services made by PGTR.
4.8 The Customer must pay usage charges in respect of all usage made/received during the Agreement Period from/to his/her mobile number and/or SIM - whether or not authorised by the Customer and whether or not they exceed any credit limit, if any, agreed between BSNL and the Customer. This equally applies to all other tariff payments.
4.9 The loss of or inability to use the Customer Equipment or a SIM does not bring the Agreement or the Customer’s Liability to pay charges to an end.
4.10 Where a security deposit has been paid, PGTR is entitled to retain it and apply it as it decides in full or partial satisfaction of any sums due from the Customer to PGTR any time. At the end of the Agreement period, provided all sums payable to PGTR have been duly paid, the balance (if any) of the deposit or fee will be repaid to the Customer/ Member on fulfilment of such conditions as may be intimated by PGTR. No interest will be paid on the deposit. BSNL reserves the right to adjust the security deposit of the PGTR connection of one member of a family against the bill of the other PGTR connection(s) issued by other family member(s).
4.11 The call pulse rate shall be governed by the rules and regulations as specified by the Regulatory Authorities from time to time and/or specifically specified by PGTR.
4.12 Itemized monthly bills are available on request and are chargeable in nature at such rate as may be decided by PGTR from time to time.
5. PENAL CHARGES FOR DELAYED PAYMENT:
5.1 The payment against monthly bills beyond the stipulated date shall entail an interest charges @ 2% p.m. or such other rate /fixed amount as may be decided by PGTR from time to time , over the payment from the date it became due. This however is without prejudice to the rights of PGTR to suspend the services partially or fully due to non-payment.
6. SUSPENSION AND DISCONNECTION
6.1 PGTR may at any time suspend, without notice and without any liability, the Services wholly or partially and/or disconnect any Customer/Member from the Network for any reason which is found to be reasonable by PGTR including any of the following circumstances.
a) Due to any discrepancy noted in the material particulars provided in the Form overleaf including address confirmation.
b) The non-payment of bills beyond the due date. The PGTR reserves the right to totally or partially disconnect the Customer in case of non-payment of the due bill by the due date or in case the cheque is dishonoured. Although no notice is mandatory, call warning or an SMS message notified to the customer on his mobile number or any other verbal or written communication shall be construed as due notice in this regard.
c) During Technical failures, modification or repair or testing of the Network.
d) PGTR reserves the right to totally or partially disconnect the Customer/ Member connection or to put him on Local usage facility without notifying him in the case of his exceeding the prescribed credit Limit. PGTR does not however, guarantee to effect such suspension/disconnection immediately upon the customer reaching the credit limit. The PGTR has the right to predetermine and prefix the credit limit to usage of Time Services, and other Value Added Services. In the event of the Customer/ Member having exceeded his predetermined limit he will be responsible to pay for all the calls made and services obtained even beyond the stated limit.
e) When this Agreement is determined owing to any reason in consonance with the terms of this Agreement.
f) Any other reason which is found to be reasonable by BSNL warranting suspension / disconnection.
7.1 PGTR will not be liable to the Customer/Member for any loss of business, profit, revenue or goodwill, anticipated savings, use or contracts or for any indirect or consequential loss how soever it arises
7.2 PGTR shall not be liable for any delayed activations.
7.3 PGTRwill not be liable for any dealings of the Customer with any party, which is not authorised by PGTR to deal on its behalf.
7.4 PGTR makes no express or implied warrantees, guarantees, representations, or undertaking whatsoever, regarding the service, equipment etc. which are not expressly mentioned in this Agreement and shall not be liable to the customer and / or any person, firm or body corporate claiming through, under or in trust for the customer and the customer hereby waives and agrees to continue waiving all claims / actions for any delays, loss, damages, fee , costs orders judgment etc. direct / incidental or consequential arising out of any mistake, omission, interruption delays errors, defects or other failure with respect to the service / equipment or billing arrangements, payments or collection and or matters covered in clause 3.5 hereof etc. and or matters related to this agreement. Further the customer/member remains solely responsible to his own negligence acts or omission.
7.5 PGTR will not be under any liability for the ibike Services under this Agreement or for any other failure to carry out its duties and obligations outside the BSNL’s control such as atmospheric conditions, physical features (e.g. bridges and buildings) and the proximity of the base stations, Acts of God etc. and any other force majeure conditions due to which the services are affected.
7.6 PGTR is not responsible for the acts of Franchisees / Business Associates / Distributors / Channel Partners / Dealers / Retailers with regard to schemes which are not authorised by PGTR or which are purported to have been offered on behalf of BSNL without the latter’s sanction.
7.7 A UID is provided for the Customer’s use in order to gain access to the network. It is the Customer’s /Member’s responsibility to keep these secure as PGTR/ibike is not liable for any loss or liability incurred by the Customer resulting from the unauthorised use. In case of loss of UID by the customer, the same should be reported to PGTR/ibike at the earliest. The issuance of new UID shall entail charges as set out in the Tariff schedule from time to time.
7.8 The UID remains the constructive property of PGTR/ibike in the hand of the customer. The same shall be returnable to PGTR on Severance/Suspension of customer relationship for any reason whatsoever as per terms & conditions BSNL is not responsible for any manufacturing defect in cycles . The customer/member will have to obtain a new UID/cycle after paying the requisite charges in case of any defect in cycle.
7.9 The customer hereby agrees to indemnify and hold PGTR harmless against any claim against PGTR for libel or slander arising out of communications sent or received by Customer/member on ibike’s Network. The Customer shall also indemnify PGTR for any claim against PGTR arising out of any infringement or violation of copyright by the Customer or by anyone else using the mobile connection of the Customer.
7.10 PGTR shall not be responsible for any civil or criminal liability incurred by the Customer due to its misuse of the Service provided by ibike/PGTR i.e. any acts of commission or omission by the Customer/Member.
7.11 PGTR shall not be liable for any act of commission or omission of any third party/ suppliers/ manufacturers/ including any agency/company offering any privilege or benefits to Customer/Member without specific permission or authority of PGTR.
7.12 PGTR reserves the right to terminate the subscription of any customer who is not competent to enter into any contract under the Indian Contract Act, 1872.
- Any increase/addition/introduction of taxes and/or levy of any taxes, duties or any other statutory charges etc (present/future) shall be to the customer’s account without any notice to him and shall at all times be deemed to be part of tariff.
7.14 Customer /Member will provide to PGTR all information and co-operation that BSNL may reasonably require from time to time
8. SALE OR TRANSFER
8.1 PGTR connection/UID shall be non-transferable in nature and any private transfers effected by the Customer shall not absolve the Customer of his primary duty towards BSNL for usage charges levied pertaining to such particular connections/SIM card.
8.2. BSNL’s acceptance of Payment from a person other than the Customer/Member shall not amount to PGTR having transferred or modified any of rights & obligations to the customer to such third parties.
9. DISPUTE RESOLUTION
9.1 In case of any dispute, the matter will be referred to the sole arbitration of Director of PGTR/ of the concerned area or his nominee and will be governed as under Provisions of the Arbitration and conciliation Act, 1996 or any statutory modification or reenactment there of or any rules made thereof. customer will have No objection in any such appointment that arbitrator so appointed is employee of the PGTR
10. ENDING THE AGREEMENT
10.1 Except as provided elsewhere either party may end the Agreement by written notice giving not less than 30 days to other party but such a notice shall not absolve the customer of its liability to make payments of the amounts that may be due and outstanding on the date of such notice or as may become due subsequently.
11. OTHER MATTERS
11.1 Any notice required to be given by the Customer to PGTR shall be given in writing to the PGTR at the designated address.
11.1 All the Bill will be sent to the address (or billing address) of the customer/member as given in the Agreement Form .
11.2 Where two or more persons constitute the Customer, their liability is joint and several.
11.3 This agreement is amenable to the jurisdiction of Courts at the only location of office of Director, PGTR of the area concerned & laws of India
11.4 The scope of the services is governed by the Statutory Guidelines issued by the Regulatory Authorities & Govt. of India within the parameters of License Agreement executed with AICTSL.
11.5 a) PGTR is entitled to change, vary, add, withdraw any services / Additional Services Supplementary Services etc. and / or change vary, add, alter, delete, withdrawn any / all charges / prices / discounts/ surcharges etc. relating thereto including equipments, accessory(ies), and / or prices thereto etc. at any time, in its sole discretion for one or more or all customers.
b) All discounts or other special benefits announced by PGTR from time to time shall have the time limitation. PGTR shall have the right to withdraw / vary / extend any / all such discounts etc. at any time without notice.
12.1 Peak, standard, and off-peak hours may differ from one operator to another.
12.2 Additional administrative charges may be levied on your roaming usage in the visited networks.
12.3 The information provided in the mebership form shall be treated as part & parcel of this Agreement
12.4 Monthly statement of charges would reflect only consolidated charges for roaming and no bifurcation of charges would be available.
12.5 While roaming, all incoming calls will be charged at STD/ISD rates, as applicable plus the incoming airtime at the location being visited since the cycles are GPS enabled.
12.6 A service tax as applicable shall be levied on all charges payable by the customer.
12.7 The customer has understood that depending upon different services / plans chosen by various customers, the prices / charges, fee etc. applicable hereto may be also be different.
- PGTR will test the equipment prior to activation & customer shall ensure its functionalities thereafter PGTR shall not be responsible for any of the defect / fault etc. which is not expressly covered by the manufacture warranty of the equipment. Any repairs / exchange carried out by PGTR at the request of customer for defects etc. shall be charged from the customer as per PGTR policy on the subject from time to time.
14. AMENDMENT TO AGREEMENT
PGTR only may amend any part of this Agreement at any time by giving Customer prior notice. Customer’s continued use of service or payment of any dues / bills after PGTR’s has issued such amendment will constitute customer’s agreement to all amendments