Terms & Conditions

1. General

Asergis Telecom Services Pvt. Ltd. (“we,” “us,” or “Asergis”) provides the user (“you,” “End-User” or “Customer”) with this Terms of Agreement (“Agreement”) for the purpose of informing you of your rights and obligations in subscribing to and using Asergis residential voice and multimedia communications services (“Residential” or “Family”) or business voice and multimedia communications services “Business”) and any related products or services (“Service”).

“Device” or “Equipment”) used in conjunction with the Service. This “Device” may be purchased by the customer from his/her vendor of choice, or purchased from Asergis by signing up for, paying for, activating or using our digital telephony service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. If you have purchased Equipment from any Asergis retail dealer, you will be deemed a ”Retail Customer” and will be governed by Retail Customer terms and conditions as set forth herein and in the Retail Customer Terms of Agreement.

Our service is provided at our discretion. We can cancel it or take corrective action at anytime without prior notice and for any reason, including, but not limited to, your violation of any of these terms and conditions. We might change our terms and conditions from time to time, it is up to the customer from time to time review the latest Terms and Conditions located on the www.asergis.in.

The service will NOT work without the customer having working Internet access with a high-speed connection. The service will NOT work over a dial up connection. The higher the speed of the connection the better the service will generally work. By signing up for an Asergis call package, the customer makes the material representation upon which Asergis relies that he/she has high speed Internet access with at least the capability of 128 kbs download and upload (for One (1) and two (2) line service, proportionally higher for each additional line), and has a router with Quality of Service built in.

Call Charges

Call charges are denoted as per the service and can be shown per second, billed per second or per minute, billed per minute.

Mobile calls are charged at the relevant rate dependent upon the package subscribed to.

Note that bundled calls packages do not include calls to non-geographic numbers.

2. Service

2.1. Service is offered on a monthly basis for a term which begins on the date that Asergis activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Asergis written notice of non-renewal. If you are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation unbilled charges, plus a cancellation fee, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.

2.2 Residential use of Service and Device. If you have subscribed to Asergis Home user services, the Service and any device supplied are provided to you as a residential user, for your personal, residential, non-business and non-professional use. This means that you are not using them for any commercial or governmental activities, profit-making or non-profit, including but not limited to home office, business, sales, tele-commuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Asergis in advance. You agree that your use of the Service and/or Device, or the use of the Service and/or Device provided to you by any other person for any commercial or governmental purpose will obligate you to pay Asergis higher rates for commercial service on account of all periods, including past periods, in which you use, or used, the Service for commercial or governmental purposes. Asergis reserves the right to immediately terminate or modify the Service, if Asergis determines, in its sole discretion, that Customer’s Service is being used for non-residential or commercial use.

2.3 Business use of Service and Device. If you have subscribed to Asergis Business services, the Service and any Device provided to you as a small business user. This means that you are not to resell or transfer the service or device to any other person for any purpose, without express written permission from Asergis in advance. You agree that the Asergis Business Plans do not confer the right to use the service for auto-dialling, continuous or extensive call forwarding, telemarketing (including without limitation charitable or political solicitation or polling), fax broadcasting or fax blasting. This also means that you are not to resell or transfer the Service or the Device to any other person for any purpose, or make any charge for the use of the Service, without express written permission from Asergis in advance. Asergis reserves the right to immediately terminate or modify the Service, if Asergis determines, in its sole discretion, that Customer’s Service is being used for any of the aforementioned activities. Non Monthly plans are sold on term contracts, in one year increments from one year (12 months) to five years (60 months), unless a specific contract states therein a different term. All term contracts are required to be signed by a person authorised and with the legal capacity to bind the customer, and the customer makes this representation to Asergis by signing such term contract.

2.4 Lawful use of Service and Device.

2.4.1 Prohibited uses. You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Asergis sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, region, national or international law or (ii) encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, region, national or international law. Asergis reserves the right to terminate your service immediately and without advance notice if Asergis, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a cancellation fee, all of which immediately become due and payable and may at Asergis discretion be immediately charged to your credit card. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agrees to indemnify and hold harmless Asergis against any and all liability for any such use.

Unauthorised 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 authorisation of the owner of the system or network. Examples of system or network security violations include, but are not limited to:

1. Interception. Unauthorised monitoring of data or traffic on any network or system without express authorisation of the owner of the system or network.

2. Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system or broadcast attacks.

3. Falsification of Origin. Forging any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.

4. Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services.

If Asergis, in its sole discretion believes that you have violated the above restrictions, Asergis may forward the objectionable material, as well as your communications with Asergis and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.

2.4.2 Use of Service and Device by customers outside the United Kingdom. We encourage the use of the Service within the United Kingdom. If you remove the Device to a country other than the United Kingdom and use the Service from there, you do so at your own sole risk, including the risk that such activity violates local laws in the country where you do so. You are liable for any and all such use of the Service and/or Device by yourself or any person making use of the Service or Device provided to you and agree to indemnify and hold harmless Asergis against any and all liability for any such use. Should the removal from the United Kingdom of the Device violate any export or import control law or regulation, you will be solely liable for such violation and agree to indemnify and hold harmless Asergis against any and all liability for such violation. Asergis reserves the right to terminate your Service immediately and without advance notice if it determines that you are using it outside the United Kingdom.

2.5 Loss of Service due to power failure or Internet service outage or termination or suspension or termination by Asergis. You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which may or may not be provided by Asergis) and that, accordingly, in the event of an outage of, or termination of service with Asergis or by your Internet Service Provider (“ISP”) and/or broadband provider, the Service will not function, but that you will continue to be charged for the Service unless and until you or Asergis terminates the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilising the Service. Should Asergis suspend or terminate your broadband Service, the Service will not function until such time as Asergis restores your Service (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Agreement).

2.6 Copyright / trademark / unauthorised usage of Device, firmware or software. The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Asergis website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of Asergis are and shall remain the exclusive property of Asergis and nothing in this Agreement shall grant you the right or license to use any of such marks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, other than a non-transferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You expressly agree that the Device is exclusively for use in connection with the Service and that Asergis will not provide any passwords, codes or other information or assistance that would enable you to use the Device for any other purpose. If you decide to use the Service through an interface device not provided by Asergis, which Asergis reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless Asergis against any and all liability arising out of your use of such interface device with the Service. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.

2.7 Tampering with the Device or Service. You agree not to change the serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from Asergis in each instance, which Asergis may deny in its sole discretion. Asergis reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus a cancellation fee, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.

2.8 Theft of Service. You agree to notify Asergis immediately, in writing or by calling the Asergis Customer Support, if the Device is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Asergis receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.

2.9 Return of Device. The Device may be returned if it has not been bought outright to Asergis within twenty-one (21) days of the termination of Service to receive a cancellation fee (refer to section 4.6 of the Agreement regarding termination fees), provided: (i) you have retained, and return along with the Device, proof of purchase and original packaging; (ii) contents are undamaged and in original condition, reasonable wear and tear excluded; (iii) all parts, accessories, documentation and packaging materials are returned; and (iv) equipment is returned with a valid return confirmation code obtained from Asergis Customer Support. You are responsible for the cost and risk of return shipping of equipment. If you receive a package and/or Device that is visibly damaged, you must note the damage on the carrier’s freight bill or receipt and keep a copy. In such event, you must keep the original packaging, all packing materials and parts intact in the same condition in which they were received from the carrier and contact Asergis customer care department immediately. To obtain a return confirmation code, you must contact support@asergis.in or 011-6606 8402.

2.10 Service distinctions. You acknowledge and understand that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service offering provided by Asergis. The Service is subject to different regulatory treatment than telephone service. This treatment may limit or otherwise affect your rights of redress before any telecommunications regulatory agencies.

2.11 Ownership and risk of loss. You shall be deemed the owner of the Device, and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned by you pursuant to Section 2.9 and has been received by Asergis.

2.12 No 100, 101 or 102 calling. This is currently not available on our system, but we are looking at implementing these services.

3. Changes to This Agreement

Asergis may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the “Terms of Agreements” section of Asergis website (currently located at www.asergis.in). Such changes will become binding on Customer, on the date posted to the Asergis website and no further notice by Asergis is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.

4. Charges / Payments / Shipping / Default / Taxes / Termination

4.1 Billing. You must provide us with a valid credit card number (MasterCard, Visa, Debit Card, American Express or any other issuer then-accepted by Asergis) when the Service is activated. Asergis reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Asergis at once. We will bill all charges, applicable taxes, usage-based charges and surcharges monthly in advance to your credit card, including but not limited to: activation fees, monthly Service fees, international usage charges, advanced feature charges, equipment purchases, cancellation fees and shipping and handling charges. Asergis reserves the right to bill at more frequent intervals if the amount due at any time exceeds 2,000INR. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on Asergis website. Asergis reserves the right to adjust the calling rates and other charges without prior notice.

If the credit card to be charged belonged to any third person / party – a handling fee of 5% will apply. (A Credit Card Debit Authorisation must be submitted from the cardholder with copies of credit card for proof).

Asergis also accepts:

- Cheques made payable to “Asergis Telecom Services Pvt. Ltd.”

- Bank transfers to HSBC Bank PLC, Account Number: 072639123001, IFSC: HSBC0560002

Address: No.7 Mahatma Gandhi Road, Bangalore 560001, India

4.2 Billing disputes. You must notify Asergis in writing within 7 days after receiving your credit card statement if you dispute any Asergis charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address:

Customer Billing

Asergis Telecom Services Pvt. Ltd.
Plot No.19- Block A,
2nd Floor,
Sector-16,
Noida-201301
India

Or

Email: accounts@asergis.in

Or

Telephone: 0120-6794000

4.3 Payment. Your initial use of the Service authorises Asergis to charge the credit card account number on file with Asergis, including any changed information given to Asergis if the card expires or is replaced, or if you substitute a different card, for Asergis charges as set forth in Section 4.1. This authorisation will remain valid until twenty-one (21) days after Asergis receives your written notice terminating Asergis authority to charge your credit card, whereupon Asergis will charge you the cancellation fee and any other outstanding charges and terminate the Service. Asergis may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Asergis is declined or reversed, your credit card expires and you have not provided Asergis with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you FULLY LIABLE to Asergis for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by Asergis in collecting such amounts, such as (but not limited to) collection costs and solicitors fees.

4.3.1 Any agreement shall commence on the date of acceptance by Asergis of the Application submitted by the Client.

4.3.2 The fees payable to Asergis in respect of the Services are specified in the Asergis Price List. If a credit card or debit card is on file with Asergis, the Client acknowledges that Asergis will automatically take payment via that device 7 days from the date of invoice. If payment is not received via this process (i.e.: credit card or debit card is no longer valid, credit card or debit card has expired, etc.) Asergis will inform the Client via email, fax or letter and the Client acknowledges that the invoice is to be paid by other means and that Asergis reserves the right to pursue any outstanding invoice through the appropriate legal channels.

4.3.3 All Charges are due in advance (whether disputed or not) or within 7 days of invoice (unless specified otherwise in the application or on the invoice.) The Client acknowledges that Asergis reserves the right to suspend the customer’s entire account in the event of non-payment for any overdue invoice.

4.3.4 Means of Payment: Asergis accepts payment by bank transfer (NEFT), Standing Order Mandate (SOM), Direct Debit (DD), Cheque or Credit/Debit Card. 5% charge applies for utilising Master Card, 3% charge for utilising Visa, Electron, Switch, Solo and other major Credit/Debit Cards. The Client may be required to pay for services by Direct Debit, Standing Order Mandate or Credit Card on a non-invoiced basis. Asergis will notify the Client if this is the case. 13.3% per invoice, per incident will be charged for any dishonoured payment.

4.3.5 All Charges are exclusive of service tax and any other applicable purchase tax, import, and all other duties. Any failure by the Client to pay any fees due under these Terms and Conditions on the date specified shall be deemed to be a “material breach” of these Terms and Conditions.

4.3.6 In the event of a material breach as described above, Asergis normal terms for collection of payment apply. If the Client chooses to pay by Direct Debit, and if, for any reason, the Client’s Direct Debit or Standing Order Mandate fails or mandate is cancelled and Asergis cannot take payment, the Client agrees to make the payment in full by an alternative method within 5 days. If payment is made within this time period, the Client can continue to pay via Direct Debit Mandate though, if payment is not made within this 5 day period, Asergis retains the right to pursue payment through its normal processes and retract the Client’s right to pay by Direct Debit Mandate in the future.

4.3.7 The Client acknowledges that he shall provide Asergis with such amount by way of guarantee as Asergis may specify from time to time as a non-refundable payment of Charges for the remaining balance on the Contract. If the deposit is not provided within seven days of request, Asergis will have the right to disconnect the Service. Interest is not payable on deposits.

4.3.8 If the Client is overdue with any payments hereunder, then without prejudice to Asergis’s other rights and remedies, the Client shall be liable to pay to Asergis a flat fee of 2,000 INR for each correspondence, Asergis’s solicitors and court fees, as well as interest on the amount payable at an annual rate of 5% above the prevailing base rate of The Royal Bank of Scotland plc, which interest shall accrue on a daily basis from the date payment becomes overdue until Asergis has received payment of the overdue amount together with all interest.

4.4 Suspension / Temporarily Termination / discontinuance / downgrade of Service. Asergis reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Asergis discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason; you will only be responsible for charges accrued through the date of termination, including the final month’s charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Asergis or of a third party provider to which Asergis is subject), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus the cancellation fee set forth in Section 4.6, all of which immediately become due and payable. When the service is to re-activate within 30 days, there will be no other fees will be charged, while beyond 30 days, the customer is required to settle the charges detailed on your contract.

Customer may downgrade the service plan once a month without any charge at anytime. Should there be more than once in a month; there will be a minimal charge per request, which will be detailed in your contract. If the service plan is downgraded to a Value plan, a security deposit at 3,000 INR will be charged. [When the service plan is upgraded to other plan, the security deposit will be refunded (customer has to send in request to Asergis for the refund)]. If the balance in your account is not enough to cover this cost, we will charge this full amount from your credit card.

Customer may request to terminate the service on temporarily basis. When the service is to re-activate within 30 days, there will be no other fees will be charged, while beyond 30 days, the customer is required to settle the reactivation fee 1,000 INR plus any outstanding fee when the account is to re-activate.

4.5 Taxes. You are responsible for, and shall pay, any applicable local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service or a Device. Such amounts are in addition to payment for the Service or Devices and will be billed to your credit card as set forth in this Agreement. If you are exempt from payment of such taxes, you shall provide Asergis with an original certificate that satisfies applicable legal requirement attesting to tax-exempt status. Tax exemption will only apply from and after the date Asergis receives such certificate.

4.6 Cancellation fee. Customer will be charged a cancellation fee of 3,000 INR per available voice/data port per Device upon termination of Service for any reason or for convenience by Customer. The cancellation fee becomes due and payable immediately upon termination and will be billed directly to Customer’s credit card. To receive a credit for the cancellation fee, Customer must return the Device(s) undamaged and in original condition within twenty-one (21) days of termination as set forth in Section 2.9. Asergis will not credit Customer if the Device(s) is damaged or not in its original condition as received by the Customer or if Customer has otherwise failed to comply fully with the requirements of Section 2.9. In the event Customer cancellations multiple lines, Asergis will issue Customer a credit for all cancellation fees upon receipt of all Devices (including without limitation Multimedia Terminal Adapters) in accordance with this Section and Section 2.9. If Customer is a Retail Customer, owns the device prior to using the Asergis service, or participated in the Asergis Device Buyout Program, the cancellation fee will be waived upon termination of Service. In such case, Customer is still required to contact Asergis at accounts@asergis.in or 0120-6794000 to officially terminate Service.

4.7 Money back guarantee; limitations and conditions. Asergis offers a 30-day Money Back Guarantee (the “Warranty Period”), applicable only to User’s first-ordered line per account, not to additional or secondary lines. Under terms of this Money Back Guarantee, Asergis refunds the activation fee and balance of pre-payment, provided the terms described below are satisfied. Government excise duty taxes and any other applicable taxes, usage charges and any similar charges cannot be refunded. Asergis reserves the right to terminate or revoke this Money Back Guarantee at any time, without prior notice.

In order to be entitled to this Money Back Guarantee, User (i) must cancel service within the number of days in the Warranty Period after the account activation; (ii) all Devices must be received by Asergis within twenty-one (21) days after cancellation pursuant to Sections 2.9 and 4.6; and (iii) must not have exceeded 100 minutes of usage. User remains responsible for any charges for domestic usage and incoming usage in excess of the amount included within the Plan to which User subscribes and international usage. THIS MONEY BACK GUARANTEE DOES NOT APPLY TO ACCOUNTS EXCEEDING 100 MINUTES OF USAGE AND SUCH ACCOUNTS ARE NOT ELIGIBLE FOR REFUND OF ANY OF THE CHARGES DESCRIBED HEREIN.

In addition to the requirements set forth in Section 2.9, all returned Devices must be in the original packaging with the UPC or bar code intact. All components, manuals and registration card(s) must be included. Equipment must be returned with a valid return confirmation code obtained from Asergis Customer Support and must be in good working order when received. User is responsible for the cost and risk of return shipping of equipment. THE MONEY BACK GUARANTEE WILL NOT BE HONORED IF USER FAILS TO MEET ALL SUCH REQUIREMENTS.

To obtain a return confirmation code, User must contact accounts@asergis.in or 0120-6794000.

4.8 Payphone and international charges. If you make use of Asergis free phone service feature or any free phone feature that may be offered by Asergis in the future, you acknowledge and agree that Asergis is entitled to recover from you any charges imposed on Asergis by payphone owners or operators or international telephone owners or operators, either directly or indirectly through Asergis suppliers in connection with free phone calls made to your number, or any charges imposed on Asergis by its suppliers to recover such costs. Asergis may recover these amounts by means of a per-call charge, rounded up to the next pence, or in such other fashion as Asergis deems appropriate for the recovery of these costs.

4.9 Shipping

Device will be shipped within 7 business day after receipt of payment.

5. Warranty and Liability Limitations / Indemnification

5.1 Limitation of liability. Asergis shall not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

1. Equipment, network or facility failure;

2. Equipment, network or facility upgrade or modification;

3. Equipment, network or facility shortage;

4. Equipment or facility relocation;

5. Service, equipment, network or facility failure caused by the loss of power to Customer;

6. Outage of Customer’s ISP or broadband service provider;

7. Act or omission of Customer or any person using the Service or Device provided to Customer;

8. Act or omission of an underlying carrier, service provider, vendor or other third party;

9. Force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; or

10. Any other cause that is beyond Asergis control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or degradation of voice quality;

Asergis aggregate liability for (i) any failure or mistake; (ii) any claim with respect to Asergis performance or non-performance hereunder or (iii) any Asergis act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.

5.2 Disclaimer of damages. IN NO EVENT SHALL ASERGIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMERS IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT ASERGIS WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

5.3 Indemnification. Customer agrees to defend, indemnify, and hold harmless Asergis, its officers, directors, employees, affiliates and agents and any other service provider who furnish services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer’s Service, relating to this Agreement, the Services, or the Device. This paragraph shall survive termination of this Agreement.

5.4 No warranties on Service. ASERGIS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, Asergis DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER Asergis NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO Asergis OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORISED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF Asergis OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY Asergis OR Asergis AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.

5.5 No warranties, or limited warranties, for Device. If Retail Customer purchased the Device new from retailers, Retail Customer must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If Customer’s Device did not include a limited warranty from Asergis or manufacturer at the time of purchase, Customer agrees that it accepts the Device “as is” and that Customer is not entitled to replacement or refund in the event of any defect, except that for Retail Customers only, Asergis will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase. This Retail Customer limited warranty shall not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, shall not apply to any defect caused by damage in transit, retailer handling or Retail Customer handling. Retail Customer’s sole remedy for any breach of this Retail Customer limited warranty is to obtain a repaired or replacement Device, by following the return procedures set forth in Section 2.9. Retail Customer must include with the returned Device a letter stating that the Retail Customer is returning the Device for warranty repair or replacement and stating the nature of the defect. This Retail Customer limited warranty shall also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favourable to Retail Customer than that contained herein. The same conditions apply for devices sold to Customer through the Asergis Gateway Buyout Program. Asergis provides no warranties or limited warranties for devices Customer owned prior to using Asergis Service. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, Asergis MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE, DEVICE OR ANY FIRMWARE OR SOFTWARE IS “ERROR FREE” OR WILL MEET CUSTOMER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.

5.6 No third party beneficiaries. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

5.7 Content. You are liable for any and all liability that may arise out of the message, data, information, image, text or other material (collectively,”Content”) transmitted by or to you or Users using the Services. You shall assure that your or User’s use of the Services and Content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Asergis reserves the right to terminate or suspend affected Services, and/or remove your or Users’ Content from the Service, if Asergis determines that such use or Content doer not conform with the requirements set forth in this Agreement or interferes with Asergis ability to provide Services to you or others or receives notice from anyone that your or Users’ use or Content may violate any laws or regulations. Such uses shall include, but shall not be limited to:

1. Content harmful or offensive to third-parties: Do not upload, download, post, distribute, publish, or otherwise transmit (collectively, “Disclose”) any Content that is unlawful, libellous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise harmful or offensive to third parties;

2. Unlawful Content: Do not disclose any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local or international law;

3. Infringing Content: Do not disclose any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

4. Impersonation: Do not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

5. Interference: Do not do anything to interfere with other users of Service;

6. Unapproved promotions or advertising of goods or services: Without our prior written permission, do not disclose on the site any unsolicited promotions of goods or services, commercial solicitation or any advertising, promotional materials or any other solicitation of other users for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose. Do not send “SPAM,” “junk mail” or other unsolicited transmittals of commercial messages.

7. Off topic Content: Do not disclose any Content that is off-topic according to the description of a group or list if such Content could reasonably be expected to provoke complaints from its recipients;

8. Content harmful to other systems: Do not disclose harmful Content, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines, that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

Asergis actions or inaction under this Section shall not constitute review or approval of your or Users’ use or Content. You will indemnify and hold Asergis against any and all liability arising from the Content transmitted by or to you or to Users using the Services. A “User” means any person, whether authorised or unauthorised, using the Service and/or Device provided to you.

6. Governing Law / Resolution OF Disputes

6.1 Mandatory arbitration. Any dispute or claim between Customer and Asergis arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the UK Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in London and shall be conducted in English. The arbitrator’s decision shall follow the plain meaning of the relevant documents, and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.

6.2 Governing law. The Agreement and the relationship between you and Asergis shall be governed by the laws of the United Kingdom and the Commonwealth of Britain, without reference to conflict of laws principles. To the extent court action is initiated to enforce an arbitration award or for any other reason consistent with Section 6.1, you and Asergis agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom and waive any objection as to venue or inconvenient forum. The failure of Asergis to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

6.3 Entire agreement. This Agreement and the rates for Services found on Asergis website constitute the entire agreement between you and Asergis and govern your use of the Service, superseding any prior agreements between you and Asergis and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Asergis unless and until posted in accordance with Section 3 hereof.

6.4 Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

7. Privacy

Asergis Service utilises, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Asergis is not liable for any lack of privacy, which may be experienced with regard to the Service. Please refer to our Privacy Policy (currently at www.asergis.in) applicable to you for additional information.

8. Contact Information

If you have any questions about the Agreement; please feel free to contact Customer Support at info@asergis.in

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Roots Tower Plot No-7
District Centre, Laxmi Nagar
Delhi - 110092
 
Phone: +91 11 6606 8400
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Email: info@asergis .in
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