TERMS & CONDITIONS

Infinet services are offered by Merv Enterprises Pvt Ltd, having its Network Operations Centre at Yellow Building, 506/1 Carrasco Vaddo, Mapusa-Parra Road, Parra, Bardez, Goa, 403510 & the Registered Office at the same address, Yellow Building, 506/1 Carrasco Vaddo, Mapusa-Parra Road, Parra, Bardez, Goa, 403510. Infinet is an initiative of Merv Enterprises Pvt Ltd for providing Internet & value-added services which falls under the scope of ISP licence issued by DoT, Government of India. All services offered under this initiative shall be referred to as being offered by “Infinet Operations'' or simply by “Infinet''. The Terms & Conditions stated herein below form an integral part of the accompanying “Subscription Form” & govern the provision of the services (as defined here under) by Merv Enterprises Pvt Ltd, pursuant to the said Subscription Form.

1. “Customer”/“Subscriber” means any person who avails the service(s) offered by Merv Enterprises Pvt Ltd. The term “person” stated above includes individuals, partnership firms, proprietary concerns, body corporates, housing societies, association of persons or body of individuals & other artificial juridical persons.

2. “Service” in general includes all the services that Merv Enterprises Pvt Ltd offers, markets, maintains & supports as of date & all updates & upgrades that Merv Enterprises Pvt Ltd may offer to the Subscriber under the Infinet initiative. However, service in relation to the Subscriber shall mean & cover only those services, which the Subscriber has specifically availed of.

3. The Terms & Conditions herein, published by Merv Enterprises Pvt Ltd from time to time shall constitute & will be an integral part of the agreement between Merv Enterprises Pvt Ltd & the Subscriber with respect to the service. Merv Enterprises Pvt Ltd reserves the right to change any or all aspects of this agreement, operating rules, usage guidelines, prices governing the service, service plans, pricing structure & product/service policies at any time without prior intimation to the Subscriber in specific. The Subscriber acknowledges that it is his/her sole responsibility to apprise himself/herself of the Terms & Conditions, as amended from time to time as published on the website www.infinetgoa.com & agrees to abide by the same.

4. The Subscriber registration must be done with complete & correct details such as name, address, telephone number & email address, etc. In case of any change, the same should be updated by the respective Subscriber without fail or delay, failing which, Merv Enterprises Pvt Ltd reserves the right to terminate the service & close the account without any obligation to refund the Subscriber’s account balance.

5. The service is being provided subject to all the applicable Indian laws, rules & regulations. The terms of service published on the website https://www.infinetgoa.com/terms-and-conditions/ shall override all standard terms & conditions.

6. Infinet Operations shall provide service to the Subscriber, in accordance with the Terms & Conditions then enforce & as amended from time to time.

7. The charges towards services subscribed is payable in advance & is non-refundable. All taxes, duties or any other levies of any nature whatsoever, payable for the services, shall be payable by the Subscriber in addition to the charges towards availed services.

8. Merv Enterprises Pvt Ltd will put in best possible efforts & strive to maintain the maximum possible uptime of the service. However, Merv Enterprises Pvt Ltd will not be responsible for downtime of service due to reasons beyond its control. (Force Majeure). “Force Majeure” means events like Acts of God, war (declared or undeclared), riots, civil commotion, revolutions, hostilities, cable cutting by illegal means, strikes, epidemics, pandemics, accidents, fire or any other cause similar to the kind enumerated or equal force not within the control of Merv Enterprises Pvt Ltd & renders impossible the fulfilment of this Contract.

9. The Subscriber also acknowledges & accepts that in the very nature of the services to be provided, there can be a number of factors affecting the services provisioned, & the obligation of Merv Enterprises Pvt Ltd shall be limited to provide the services, on best endeavour basis.

10. Merv Enterprises Pvt Ltd shall not be liable to the Subscribers for any loss, expense or damage of any kind arising due to the performance of Merv Enterprises Pvt Ltd obligations under this contract or arising from disruption, interruption, suspension or malfunction of the service for whatsoever reason.

11. Merv Enterprises Pvt Ltd shall not be responsible for any loss or damage which may occur resulting from the use of any third-party software which may be optionally provided to enhance user experience. Any support that is needed has to be availed from the respective software vendors/companies. The Subscribers have a free choice in regard to the usage of such software.

12. Merv Enterprises Pvt Ltd will be responsible only for carrying data packets & is not responsible for its nature or content. The Subscriber guarantees that the service will be used for genuine purposes only & will not be used for any immoral or unlawful or socially unacceptable purposes as stipulated from time to time by guidelines from Government of India.

13. The Subscriber hereby undertakes to fully defend, indemnify & hold Merv Enterprises Pvt Ltd, its employees, directors, officers, agents, partners, affiliates & their successors & assignees from & against any & all liabilities, damages, losses, costs & expenses, including attorney’s fees, caused by or arising out of claims based upon his/her use of Infinet Services, including any claim of libel, defamation, violation of rights of privacy, loss of service, loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, special or consequential loss arising out of or in any way connected with the use of Infinet Services & any other indirect or consequential loss howsoever arising.

14. The Subscriber hereby confirms that all information provided by him in respect of his/her use of Infinet services is true & accurate to the best of his/her knowledge & belief. The Subscriber is solely responsible for the security of his/her password & for all transactions undertaken by him using his/her password through Infinet website. The Subscriber acknowledges & accepts that considering the nature of the service, there will be a need to change the password from time to time to avoid misuse & to maintain secrecy. The Subscriber hereby confirms that he is the authorised holder of the bank account or is the original account holder used in the transactions he makes using the Infinet website & he alone uses the “ID” & “Password” he has created in the site. if any, related to Infinet service(s). Merv Enterprises Pvt Ltd shall not be responsible for any financial loss, inconvenience or mental agony resulting from any unauthorised use/misuse of the Subscriber’s User ID, password, bank account & bank account details for making online payments on the Infinet website.

15. The Subscriber shall not distribute, transfer, re-assign, sell &/or offer or promote the service to others or otherwise share the services with others without the express authorisation of Merv Enterprises Pvt Ltd. In accordance with the terms of ISP licence, Merv Enterprises Pvt Ltd reserves the right to inspect the Subscribers 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, Merv Enterprises Pvt Ltd reserves the right to terminate the services immediately & shall not be held liable for any refund or compensation thereafter. The Subscriber shall not do anything that is detrimental to Merv Enterprises Pvt Ltd’s interests.

16. Merv Enterprises Pvt Ltd shall have the right to terminate the services, without any prior notice to the Subscriber, in the event of breach of these terms & conditions on the part of the Subscriber. Merv Enterprises Pvt Ltd & the Subscriber shall also have the right to terminate this agreement at any time by giving 30 days prior notice by way of general notification or publication or changes suitably made in the website www.infinetgoa.com without the need to assign any reason for such termination. In the event of such termination by Merv Enterprises Pvt Ltd, the Subscriber shall be entitled for refund of the proportionate part of the charges paid for the unutilised period of service. However, Merv Enterprises Pvt Ltd shall not be liable to refund any amount if the termination is by the Subscriber or for breach or failure on the part of the Subscriber.

17. The Subscriber acknowledges that the service is provided on an “as is & available” basis. Merv Enterprises Pvt Ltd, its employees, agents, suppliers, vendors & 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 &/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. Merv Enterprises Pvt Ltd expressly excludes any implied warranty of merchantability or fitness & any service guarantees granted to the Subscriber shall be limited for the cause & period of such agreement.

18. Merv Enterprises Pvt Ltd & the Subscriber hereby agree that this agreement together with the operational rules, usage guidelines & other terms notified by Merv Enterprises Pvt Ltd shall constitute the complete Terms & Conditions between them & there shall be no addition, modification or deletion to these Terms & Conditions unless it is so agreed in writing & signed by both Merv Enterprises Pvt Ltd & the Subscriber.

19. Telephony on Internet is permitted to a limited extent i.e. (I) From PC to PC within or outside India (ii) PC in India to telephone outside India (iii) IP based H.323/SIP terminals connected directly to ISP nodes to similar terminals within or outside India. The Subscriber shall strictly comply with the above. A violation of the same shall be treated as breach of agreement. The Subscriber hereby indemnifies Merv Enterprises Pvt Ltd of any consequences arising out of such usage of this service.

20. It is illegal to terminate Internet telephony calls to any public telephone number (PSTN, ISDN, PLMN, etc.) in India, irrespective of whether the same originates in India or abroad & a violation of this clause shall be deemed as breach of agreement.

21. The Subscriber agrees that the broadband service is a single PC connection. Merv Enterprises Pvt Ltd shall not be responsible for any downgrade of service due to redistribution by the Customer. Any redistribution or sharing of this service without prior authorisation of Merv Enterprises Pvt Ltd shall be treated as unauthorised infringement of network privacy & shall be dealt with as per prevailing cyber-crime & criminal laws, & the Subscriber shall be held fully & solely responsible for any costs & consequences.

22. Merv Enterprises Pvt Ltd’s entire liability for any failure or breach on the part of Merv Enterprises Pvt Ltd shall be limited to the refund of the unused portion of the charges paid by the Subscriber towards availing the service. Merv Enterprises Pvt Ltd disclaims all warranties & conditions expressed or implied, including but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose with regard to the services offered & in no event Merv Enterprises Pvt Ltd shall be liable for any other damages including special, indirect or consequential damages, loss of profits, business interruption whatsoever arising out of use or inability to use the services or unavailability.

23. In using the Infinet service, the Subscriber agrees to comply with all laws, regulations & rules applicable as per Government laws & hereby fully indemnifies Merv Enterprises Pvt Ltd against any claims, losses, damages or consequences arising from non-compliance of the Subscriber to any applicable laws, rules & regulations as per the terms of ISP licence published & granted by Government of India.

24. The Subscriber expressly acknowledges that the liability of Merv Enterprises Pvt Ltd is limited to the service rendered by Merv Enterprises Pvt Ltd & Merv Enterprises Pvt Ltd shall not be liable for any acts or deeds of the Subscriber outside the scope of this service.

25. The Subscriber hereby declares that he/she has read the Terms & Conditions of service published on the website at https://www.infinetgoa.com/terms-and-conditions/ & the subscription form completely & that he/she unconditionally agrees to abide by them.

26. The Subscriber agrees that all the Terms & Conditions were explained satisfactorily to him/her & has signed the agreement after completely understanding the same.

27. The ‘network’ or ‘network components’ used by Merv Enterprises Pvt Ltd to render the Infinet services, including but not limited to cables, switches & uninterrupted power supply deployed by or on behalf of Merv Enterprises Pvt Ltd is the exclusive property of Merv Enterprises Pvt Ltd, & the Subscriber shall not remove/relocate the same without prior written consent from Merv Enterprises Pvt Ltd. Any attempt to violate or violation of the same shall be deemed as a wilful attempt to destroy government property & the Subscriber shall be liable to be dealt with in accordance with the prevailing laws.

28. The Subscriber equipment, if provided by Merv Enterprises Pvt Ltd during the period of service or otherwise shall be the property of Merv Enterprises Pvt Ltd unless fully paid for, by the Subscriber & subject to suitable acknowledgment in specific received from Merv Enterprises Pvt Ltd towards the transfer of ownership of equipment.

29. Merv Enterprises Pvt Ltd reserves the right to control/monitor the functionality of the device provided to the Subscriber (if any) from its end, during the service period.

30. In order to provide speed of connection of service(s) or otherwise, Merv Enterprises Pvt Ltd reserves the right to upgrade the service(s), without prior intimation to the Subscriber as long as the tariff remains unchanged for the service.

31. 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 the instructions issued by competent offices of Government of India. Merv Enterprises Pvt Ltd shall make all reasonable efforts to minimise the frequency & duration of such events.

32. Merv Enterprises Pvt Ltd reserves the right to conduct a survey to seek feedback of the Subscriber on the service(s) provided by Merv Enterprises Pvt Ltd.

33. Subscriber’s prepaid account will automatically get disconnected on expiry of the validity period or the pack value whichever is earlier & the Subscriber shall ensure that the account is active. Merv Enterprises Pvt Ltd shall not be held responsible for disconnection due to non-receipt of bill or non-receipt of communication in regard to expiry of account. Merv Enterprises Pvt Ltd shall charge a reconnection fee for such disconnections.

34. Merv Enterprises Pvt Ltd may be required to disclose any information or particulars about the Subscriber to any authority, statutory or otherwise, including but not limited to any debt collecting agency, security agency, law enforcement agency, financial institution or bank & Merv Enterprises Pvt Ltd reserves the right to comply with, at its discretion.

35. The service is exclusively for the consumption of the Subscriber of the service. The Subscriber re-distributing or sharing the service for commercial intent is not permissible unless explicitly authorised in writing by Merv Enterprises Pvt Ltd. Merv Enterprises Pvt Ltd reserves the right to inspect the Subscriber’s premises & disconnect the service without prior intimation, if the usage is found to be in violation of the terms & conditions of subscription, the Subscriber’s account shall be closed & the balance of amount remaining to the credit of Subscriber’s account shall not be refunded.

36. The Subscriber acknowledges that spamming of emails is prohibited. Spamming is the transmission of any form of mail that can be interpreted as junk mail or mail generated via a distribution list, which the recipient has not specifically requested. Merv Enterprises Pvt Ltd reserves the right to block the Subscriber’s email ID or even terminate the services in the event a breach of this provision is reported against the Subscriber.

37. The speeds mentioned against various service plans are researched & compiled by Merv Enterprises Pvt Ltd & cannot be accurately measured by using other network hosted tools.

38. For enhanced security, the Merv Enterprises Pvt Ltd/Infinet User ID as provided by Merv Enterprises Pvt Ltd at the time of registration, the IP address & the MAC address (unique for each LAN card) will be used separately or jointly for authentication. This means that a User ID can be used only from that user’s PC & IP address allocated to the user.

39. The Subscriber shall not use the service provided by Merv Enterprises Pvt Ltd for any illegal or unlawful purpose. The Subscriber shall at all times follow all the rules & regulations laid down by the competent authorities from time to time.

40. Merv Enterprises Pvt Ltd reserves the right to accept or reject any Subscription form without citing any reason for the same.

41. It shall be the duty of the Subscriber to protect & keep the password protected, safe & secured. Online requests made by any Subscriber shall be treated as equivalent to the physical form of application & Merv Enterprises Pvt Ltd shall not be liable for any unauthorised online requests made on behalf of the Subscriber.

42. By agreeing to the Terms & Conditions of the service, it binds the Subscriber & whenever & wherever applicable, his/her heirs, executors, successors & permitted assignees & benefits Merv Enterprises Pvt Ltd & its successors & assignees.

43. Merv Enterprises Pvt Ltd reserves the right to initiate appropriate legal proceedings in case of breach of any of these terms & conditions by the Subscriber.

44. Proprietary Rights to Content: The Subscriber hereby acknowledges that the content on the Infinet website, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsored advertisements, through emails distributed & the commercially produced information made available to him by the Infinet website or by any third party website or content therein, directly or indirectly accessed through links in the Infinet website is the Intellectual Property Rights of the respective owners of such content. The Subscriber hereby agrees not to make any unauthorised use of this content.

Infinet Service Terms & Conditions

45. Month is defined as 30 days.

46. All time references in service definitions are made in “hh: mm: ss” format.

47. Day checkout time is according to the date & time of activation.

48. Day means calendar day.

49. Charges for static IP addresses are extra.

50. All services are prepaid.

51. Base package is a combination of service parameters, which is “Port Speed” & “Service(s)”.

52. Base package redefinition is possible after the expiry of the validity period of the current package. Change in base plan before expiry of validity period will invite a fee per transaction prevailing at that point of time (For example minimal plan price including taxes). Then the required tariff for port speed & service(s) shall apply for the redefined base package.

53. Tariff is subject to change with one month notice or expiry of current validity period, whichever is earlier. The tariff plans & its charges published in our official website www.infinetgoa.com are final for authentication purposes.

54. GST is applicable on all the services. Tax & statutory regulations are subject to change without notice.

55. All services are subject to statutory regulations.

56. Subject to all jurisdiction off site & online support available, during office hours 7 days per week.

57. No cash refunds against requests shall be possible.

58. In case of disconnection, balance amount at customer account credit will be forfeited.

59. Rounding-off shall be done only to the final figures.

60. Any credits, including discounts if any, will be credited to the Subscriber’s account only at the time of next renewal.

61. Uninterrupted Service Continuity: At the end of the validity period of the current package, the subscription shall automatically get renewed to the most recently subscribed package, provided there is sufficient account balance to complete this transaction, failing which the Subscriber account shall be deactivated. However, the Subscriber(s) can opt to stop auto-renewal by requesting the same with the Infinet customer support services.

62. Money Validity: For deactivated accounts, which might have certain unspent balance, the account balance shall continue to be available for 6 months from the date of expiry of the subscription. If the user account is reactivated within 6 months from the expiry of subscription, the previous unspent account balance remains available. After 6 months from the expiry of subscription, the user account shall be treated as “expired” & any unspent account balance shall not be refundable.

63. Infinet Payment Terms & Conditions: Payment due prior to commencement of monthly/6 monthly/annual service.

Please ALWAYS PAY Merv Enterprises Pvt Ltd in FULL.

Payment options: Cash, cheque, bank transfer or online payments.

A maximum customer convenience fee of 1.8% + GST is chargeable by the merchant on payments made via the Infinet CRM platform.

Bounced cheque - A fee of Rs 500 is chargeable.

Non Internet DELIVERY related issues may be subject to additional charges.

Tax invoice serves as a receipt acknowledgement for monies received with thanks.

Customers can directly download computer-generated tax invoices from their own account, which do not require a company stamp & signature.

64. In addition to points 12 & 23, pursuant to Subscribers of Merv Enterprises Pvt Ltd using the Infinet Internet service, as per the Terms & Conditions, stated under the scope of ISP licence issued by DoT, Government of India, please be advised that as per stated requirements, Merv Enterprises Pvt Ltd, Infinet customers consent to the maintenance of records pertaining to the customer account & for recording & maintaining of NAT SYS Log Parameters. Dangerous & illegal activities on all connections, broadband & Internet Leased Line (ILL) connections prohibited & are subject to crime & cybercrime laws, any such activities are subject to prosecution & immediate termination of the Internet connection.