1. Subscriber has to provide necessary documents and information to establish subscriber’s identification, legal status and business capacity. Blue Communication shall have the right to examine the same.
2. Blue Communication shall have the right to temporary disconnect, suspend or terminate the services for giving any false information by the subscriber in any document or otherwise including on the subscription form. If there is any change in the information given earlier, Subscriber shall notify Blue Communication of such change, failure of which shall entitle Blue Communication to suspend or terminate the services and its sole discretion.
3. Both parties undertake that any information received by one party marked as confidential shall be kept as confidential by the other party. Such information can be revealed if it is found that it was already in the public domain or it was already available to the receiving party without violating this agreement or if it is required by law.
4. Blue Communication has the exclusive right and jurisdiction of the title and ownership of the connection and equipment (ONU & Wifi Router or any other) provided by Blue Communication.
5. Blue Communication shall provide the services to the subscriber within agreed timeline. However, in case of any delay, Blue Communication will notify the subscriber as soon as it is reasonably practicable.
6. Blue Communication shall not be liable for disruption and discontinuation of its service due to any disturbance, congestion, severance in the other networks reasons beyond its control.
7. Blue Communication may temporarily suspend the services wholly or in parts for repair, maintenance, upgrading or circumstances beyond Blue Communication control. However, Blue Communication will notify the subscriber as soon as it is reasonably practicable.
8. Blue Communication have the right to suspend or terminate the connection without further notice in case of subscriber uses the device/ terminal/ IP on any resources provided by Blue Communication beyond the allocated number of connections or bandwidth capacity.
9. The connection will be automatically disconnected from Blue Communication if the subscriber has exceeded the monthly data volume limit.
10. Blue Communication should have exclusive right to change/ increase/ reduce the traffic charges, validity period, package plans and any other agreed terms etc. at any time subject to official notification of such changes. No notification will require if such changes take place due to any regulatory or government imposition.
11. Blue Communication may keep the subscriber updated about any new information about the Blue Communication services, if needed. Blue Communication reserves the right to communicate any of its offer and services related communication and/or massage to the subscriber at any time and in any manner to keep the subscriber updated from time to time. Blue Communication reserves the right to use the name of the subscriber in its material for promotion or business purpose.
12. Blue Communication shall endeavor to provide the best possible service to its subscribers. However, the quality, reliability and the availability of service may dependent on various factors. In case of failure to achieve desired quality, reliability and the availability of service due to any of the above factors, Blue Communication shall not be held liable.
13. The subscriber undertakes not to use Blue Communication services to commit any unlawful act which might endanger national, social or economic interest or damage Blue Communication reputation to other subscriber. Under such circumstances, Blue Communication shall have the exclusive right to discontinue the services of the subscriber and take appropriate legal measures. Subscriber shall indemnify Blue Communication if it suffers any losses, damages or has to pay any penalty due to unlawful usage of the subscriber.
14. Notwithstanding anything contained in this agreement, any other information through Blue Communication brochure, notification, published and/ or shall broadcasted by Blue Communication regarding its services, service price, billing policy, credit policy etc. shall also be binding to this agreement.
15. Use of Blue Communication services is subject to its more current applicable usage policies.
16. Subscriber shall pay agreed charges to Blue Communication in its prescribed bill format strictly within due date. Blue Communication have right to suspend or terminate the connection to the subscriber if the bill is not paid in full within due date.
17. Subscribers shall have to pay “Shifting Charge” for shifting the connection.
18. Subscriber shall be entitled to reconnect his/her connection by making payment of his/her outstanding in full if the connection of the subscriber has been suspended, temporarily or permanently disconnected due to payment default. If the connection has been permanently disconnected by the Blue Communication for such circumstances, along with the full payment of the outstanding bill, the subscriber shall also be liable to pay the reconnection fee if applicable.
19. Blue Communication will retain the ownership of all optical network equipment provided to the subscriber. In case of termination or temporary stop of services, subscriber shall handover the equipment to Blue Communication without any delay. For any damages to the equipment, subscriber shall compensate the value of the damage equipment.
20. Blue Communication has no control over the accuracy or appropriateness of any information in the internet and the subscriber is solely responsible for the internet usage.
21. The subscriber undertakes to safeguard the equipment provided by Blue Communication from potential damage (i.e. misusage, negligence, fire, lightening, natural disaster, theft, sabotage, come in contact with water, drop from height). Blue Communication shall have the right to ask for damages from the subscriber.
22. Blue Communication shall not be liable for any health hazard or problems otherwise caused by the use or abuse of the services and the equipment.
23. Subscriber shall solely be responsible for his/her own and his/her subscriber’s illegal data or voice transfer or traffic or bulk e-mail spamming or any other illegal operation. The sending of bulk e-mail spamming is strictly forbidden and the subscriber account will be immediately terminated. Subscriber shall indemnify Blue Communication if it suffers any losses, damages or has to pay any penalty due to unlawful usage of the subscriber.
24. Subscriber shall install proper electric connection, power grounding UPS, stabilizer etc. in his/her premises and on his/her accord. Subscriber shall not relocate or move any equipment provided by Blue Communication without the permission of Blue Communication.
25. Blue Communication shall not install any product/ services, without authentic document from the signatory of this document and authorized representative of Blue Communication and also clearance from the revenue assurance department of the Blue Communication.
26. Without customers written request/ consent for any upgrade / downgrade of the bandwidth or any other changes will not be executed. For increasing/ decreasing bandwidth, temporarily/ permanently disconnection needed one month prior written notice.
27. The subscriber shall file its complain about the services of Blue Communication to the subscriber customer care.
28. The subscriber is not authorized to resell Blue Communication Internet services without written permission and will be liable for legal action to be taken if the subscriber is found in doing so.
29. Responsibilities of Blue Communication are explicitly stated in this agreement as above and Blue Communication takes no other responsibilities beside those in this agreement.
30. Notwithstanding anything to the contrary contained herein, Blue Communication shall not be liable for any reason or any representation, implied warranty or condition or other term, at lawful or under the terms of this agreement for any losses, whether loss/ profit, actual or consequential or otherwise and whether occasioned by the Blue Communication or its employees or agents or otherwise relating to the sale of the products and/or provision of services to the subscriber.
31. Blue Communication reserves the right to change the above terms and conditions.