Terms and Conditions of Service 1. INTERPRETATION 1.1 In this document unless the context otherwise requires: "We" and "us" means KRISHI.NET having its registered office at 953, Sector-15, Faridabad-121007, India, its successors and assigns, and all other entities involved in the provision of the Service; "The Price List" and "The Tariff Schedule" means the schedule of charges for the Service which we publish; "Contract " means the agreement between us and you incorporating these conditions, the registration form displayed and completed and the Price List; "Customer" means any person who avails the Service offered by us and includes a person who we reasonably believe is acting with the Customer's authority or knowledge; "You" means the Customer we make this Contract with. "Information" means the visual, audio, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service; "The Internet" means the global data network comprising interconnected networks using TCP / IP ("Transmission Control Protocol/Internet Protocol"); "The Service" means the service provided by us vide website (krishi.net) and, where applicable, consulting and any Service and facilities which we provide and you use in connection with the Service and which are set out in the Price List and all fixes, updates and upgrades thereto. It is hereby clarified that "Service" in relation to you shall mean and cover only those services which you have specifically availed; "Prepaid subscriber" means a Customer who has purchased the Service from us, limited by time and amount, and paid us in advance for the Service; "Third Party Content" includes all information, software and other content provided by any independent third party that can be accessed through or by virtue of the Service; 1.2 Our Price List contains explanations, notes and conditions, which form part of this Contract. 1.3 These conditions as updated and amended by us from time to time, the Price List and the registration form displayed and completed shall form part and parcel of this Contract between you and us for the provision of the Service. Your use of the Service will constitute acceptance of any changes to these terms and conditions. 2. PROVISION OF THE SERVICE 2.1 We reserve the right to grant or not to grant the Service to a prospective customer subject to all material particulars being found correct on verification by us. 2.2 We agree to provide you with the service on the terms and conditions of this Contract till the expiry of the specified access hours or the specified period from the date of registration, whichever is earlier. 2.3 The prepaid subscriber acknowledges that no unused access time will be carried forward after the expiry of time limit or after the expiry of amount paid by prepaid subscriber, whichever is earlier. 2.4 The Service is supplied for decent and lawful purpose only and without any express or implied warranties whatsoever. 2.5 You agree that you shall give us in writing any information required as per statutory requirement for use of the Service as notified to you from time to time. 2.6 The Service is provided on an "AS IS and AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose. No advice or information given by us, our affiliates or their respective employees shall create a warranty. Neither us nor our affiliates warrants that the Service will be uninterrupted or error free or that any information, software or any other material accessible on the Service is free of viruses, worms, Trojans horses or other harmful components. 2.7 The Service, user id and passwords remain our exclusive property, you being licensed only during sustenance of this contract to use it to obtain access to the Service. At the end of the contract the right to use the Service, user id and passwords ceases. 2.8 KRISHI.NET reserves the right to amend, modify or delete any user id, email id and password at any point of time without attributing any reason whatsoever. 3. CHARGES 3.1 You acknowledge and agree that you will pay us the initial sign up fee or yearly fee and other charges as and when they fall due as may from time to time be notified to you by us in accordance with this Contract. You also agree to pay all applicable statutory taxes, levies, cesses and the like relating to the use of the Service by you. 3.2 We shall not credit or refund any amount to you when the Service is 'down' or suspended. 3.3 We reserve the right to revise the charges, Price List, Tariff Schedule and security deposit for the Service from time to time at our discretion, which will be binding on you. 3.4 We will invoice you on a periodic basis and through post, courier, electronic mail or facsimile transmission will send such invoice to you. 3.5 Payment is due on the due date mentioned on the invoice. All charges must be paid in full without any deduction, setoff or with holding. If you do not pay the amount due by the due date, we will charge interest of 2% per month on the outstanding amount until the outstanding amount has been paid in full by you in addition to any fine and / or penalty provisions as may be invoiced to you or charged to you by us from time to time. In case the sum of the outstanding bill amount and unbilled amount exceeds your security deposit, bill payment is to be made immediately and not by due date. 3.6 It will be your responsibility to inquire about your outstanding and in case of non-receipt of bill you have to contact us and pay the amount due by the due date. We reserve the right to withdraw, suspend, terminate the Service partially or fully in case of nonpayment of invoice by the due date or in case your usage exceeds the security deposit / credit limit assigned to you and we demand payment which is not made. 3.7 Where a security has been required to be paid by you, we are entitled to retain it and apply it as we decide in full or partial satisfaction of any sums due from you to us. On termination of this contract, provided all sums payable to us have been duly paid, the balance (if any) of the deposit will be repaid to you without any interest on deposit. 3.8 All the terms and conditions of the Tariff plans and payments shall be notified by us from time to time by way of Tariff schedules and shall be binding on you. All the subsequent Tariff schedules/ manuals/booklets etc., issued by us from time to time shall be binding on you. 4. USE OF THE SERVICE 4.1 You will not directly or indirectly reproduce, distribute, publish, copy, download or otherwise exploit any Third Party Content which is protected by copyright or similar rights unless you own or control the relevant rights thereto or have obtained all the requisite licenses and approvals. 4.2 For the purposes of the legal provisions or otherwise, you further acknowledge, agree and authorize us to access, copy, amend or delete any Third Party Content uploaded or otherwise provided by you through the use of Service where any such Third Party Content or content is, or is alleged to be, defamatory, in breach of copyright, illegal or is otherwise not appropriate in our sole opinion to be accessed or otherwise provided by or through the use of the Service. 4.3 You are required to ensure that objectionable or obscene messages or communications, which are inconsistent with the established laws of the country, are not made by you. You understand further that the Internet contains unedited material, some of which is sexually explicit or may be offensive to some people. Your access to such material will be at your own risk. We have no control over and accept no responsibility whatsoever for such materials. 4.4 You are responsible for and must provide all telephone and other equipment necessary to access the Service. We reserve the right to disconnect or deactivate your equipment or account at anytime without prior notice including in situations where the equipment or account is interfering with our other Service. You must comply with our requirements as regards access equipment and/or mode of access to and/or use of the Service. 4.5 We reserve the right to amend any particular program, information or facility, which we provide or may provide through the Service. You agree to abide by all applicable laws relating to the use of the Service and any Third Party Content. You must abide by generally accepted rules of conduct relating to proper use of Internet website resources. 4.6 You have to pay us interest free security deposit as and when specified by us. We also reserve the right to ask you for advance deposit any time during the sustenance of this contract for use of service and it shall be binding on you. 4.7 You acknowledge, accept and specifically declare that you are fully and completely aware of the nature and terms of the Services. You shall be solely and exclusively responsible for making arrangements for making the necessary hardware and software at your end. It is explicitly agreed and confirmed that Tata Internet Services Limited does not undertake any responsibility directly or indirectly with regard to procuring, installing or maintaining the hardware and / or the software at your end. 5. SECURITY 5.1 In order to access the portal you will be issued with a set of unique passwords. You are responsible for the security and proper use of all passwords relating to the Service and must take all necessary steps to ensure that all passwords are kept confidential, secure, used properly and not disclosed to other people. 5.2 You shall take full and sole responsibility for preserving the secrecy of all passwords in order to avoid misuse and maintain secrecy. We shall not be responsible for any wrongful or unauthorised use under any circumstances. 5.3 If you forget any password, by contacting the customer service center by telephone and satisfying such security checks as we may operate, you will be given a new password at your sole costs to enable you to use the Service. 5.4 You agree to notify us in writing immediately of any changes to the information you give to us when registering for the Service, including any changes to your account details by e-mail, facsimile, courier or registered post. 5.5 You confirm and warrant that all the information supplied by you when you register for the Service is true, complete and accurate in all respects. 5.6 We reserve the right to verify the information given by you in the application form and can also use the information through our authorized agent or representative to verify the data at the addresses given by you or from any other independent source. We reserve the rights to use this information and data at our discretion. 5.7 It is your responsibility to change password as often as possible and not to disclose it to others. We will not be responsible for misuse of your password resulting in usage of your account. 6. RESTRICTIONS ON USE 6.1 You are not allowed to resale the Service (except as offered by us under some specific marketing scheme as approved by us) and the right to access is subject to limits and restrictions established by us from time to time. 6.2 You are required to fully comply with the provisions of all applicable Indian laws, rules and regulations including the Indian Telegraph Act, 1855, and the Indian Telegraph Rules made thereunder and any amendments or replacements made thereto from time to time. 7. LIABILITY 7.1 We shall not be a party to any transaction including, without limitation, for goods, Service and/or Third Party Content, between the Third Party Content provider, etc. and you. 7.2 In no event shall we or our employees be liable to anyone for any or any special, incidental or consequential damage arising out of or in connection with the use of (or inability to use) the Service, including, without limitation, damage resulting from or for loss whether direct or indirect of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever, non-deliveries, or service interruptions whether attributable to any negligent act or omission of ours or of our employees or otherwise. 7.3 While every effort is made by us to provide highest quality and accuracy of services to you (as available on our website KRISHI.NET or implied otherwise directly or indirectly), you acknowledge that your understanding of the informations, offers, validity, accuracy, genuinity or reliability of other registered users or informations provided by them to the website, as shown on the website, is entirely dependent on the informations provided to the website by the users, third party or other sources which may be out of control of us. Accordingly, we shall in no event be responsible to you in any manner whatsoever for any loss, cheating, damage directly or indirectly of with our website or services, or any inconvenience, damage or loss that may be caused to anyone or of any kind arising therefrom. 7.4 Any termination of this Contract shall not affect any accrued rights or liability of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force or after such termination. 8. INDEMNITY You will be responsible and liable for and will indemnify and hold us harmless from and against any and all liability claims, proceedings, damages, injuries, losses, costs and expenses, including reasonable attorneys' fees, which may arise from any and all use of your account and all actions and costs incurred and for all use of the Service accessed through your account or your password(s) or otherwise by virtue of the provision of the Service to you including but not limited to claims for defamation, infringement of copyright or any other intellectual property rights and any breach or non-observance of any term of this Contract by you. 9. VARIATION OF TERMS AND CONDITIONS We reserve the right to modify and amend this Contract, the services, website contents, operating procedures or any of its service fees, late charges and prices and may discontinue or revise any or all other aspects of the service at our sole discretion. 10. WITHDRAWAL, SUSPENSION AND TERMINATION OF SERVICE AND TERMINATION OF CONTRACT 10.1 If you are in breach of any of the terms of this Contract including nonpayment or late payment of any part of any invoices or your informations provided to us (KRISHI.NET) is incorrect or if your use of or action in connection with the use of the Service is illegal, immoral or inappropriate, in our sole opinion, with the continued use of and/or subscription of the Service, then we may at any time, at our sole discretion and without prejudice to any other remedy available to us at law, either suspend your access to and use of the Service until such breach is remedied or terminate this Contract and your access to and use of the Service immediately. Reinstatement of Service will require full payment of outstanding balance and other charges plus applicable initial sign-up fee. It shall be our sole discretion to allow such reinstatement of the service in full or partially. 10.2 We may suspend the Service without prior notice to you during Technical failure modification or repair or testing of the service network . 10.3 We reserve the right to partially or fully withdraw, suspend or terminate the Service with or without notifying you in case your payment instrument is returned unpaid to us for whatever reason by your bankers. 10.4 Subject to Clause 10.1 we may terminate this Contract and the Service at any time by informing you by post, courier, electronic mail/ or facsimile transmission. 10.5 Should we suspend or terminate the Service pursuant to Clause 10.1 you have no right to any data stored and we shall be under no obligation to make such data or any copies of its available to you in any form whatsoever. Should this Contract terminate for any reason whatsoever your data stored on our facilities will be explicitly erased without prior notice. 10.6 Your credit limit is equal to the security deposit paid by you. We reserve the right to assign you a credit limit based on our own independent assessment that shall be binding on you. The sum of your outstanding bill amount plus unbarred usage is compared with your credit limit. In case you exceed your credit limit we reserve the right to partially or fully withdraw/suspend/terminate the service. We do not however, guarantee effect such withdrawal/suspension/termination immediately the credit limit is reached. We also reserve the right to revise your credit limit from time to time without any notice to you and it shall be binding on you. 10.7 We reserve the right to appoint any agency and authorize the agency to do verification of information given by you and collection on our behalf. In case of any incorrect information found in the application form given by you, we reserve the right to partially or fully withdraw/suspend/terminate the Service forthwith without any notice in that regard. 10.8 Subject to what is stated in Clauses 10.1 to 10.7 hereinabove the Parties to this Contract may terminate this Contract without cause and without prejudice to our rights as specified in this Contract, by serving at least 30 days prior written notice on the other side. 11. MATTERS BEYOND OUR CONTROL If at anytime, during the continuance of the Service, the performance in whole or in part, of any obligation under it shall be prevented or delayed by reason of war, hostility, Acts of the public enemy, civil commotion, sabotage, fire flood, explosion, epidemic, quarantine restriction, strikes, lock out or Act of God etc., you will not have any claim for damages against us in respect of such non performance or delay in performance of the Service. 12. ARBITRATION In the event of any question, dispute or difference arising out of provisions of the service, the matter shall be referred to the sole arbitration of the person nominated by our Chief Executive Officer. 13. ASSIGNMENT AND TRANSFER 13.1 We may assign this Contract at any time without prior notice to you and that will be binding on you. 13.2 This contract, the service and passwords shall be nontransferable by you in nature and any private transfers effected by you shall not absolve you of your primary duty towards us for the charges levied pertaining to such particular contract/service/password.. 14. GIVING NOTICE Save as specified in this Contract, any notice or other communication to be given by us under this Contract shall be in writing and shall be served by leaving it or sending it by e-mail, facsimile, courier or post at your address as specified in this Contract or as are notified by you as per clause 5.4 above. 15. LAW/JURISDICTION 15.1 If any term or condition of this Contract becomes or is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this Contract and shall be deemed to be deleted from this Contract. 15.2 Neither the course of conduct between the parties nor trade practice will modify the provisions of the Contract. If any provision of this Contract is determined to be invalid the other provisions shall remain in full force and effect. The provisions of all obligations of and all restrictions on you will survive the termination of this Contract. 15.3 No failure or delay on our part to exercise any right or remedy under this Contract shall be construed or operate as a waiver thereof nor shall any single or partial exercise or any right or remedy preclude the further exercise of such right or remedy as the case may be. 15.4 The laws of India govern the Contract and you hereby submit to the non-exclusive jurisdiction of the Courts of Faridabad (Haryana).