Terms & Conditions

Broadband internet access and other related services are provided by XPRESS FIBER PRIVATE LIMITED (hereinafter “XPRESS FIBER”), a company registered under the Companies Act, having its administrative office at Xpress Fiber Pvt. Ltd., East Gurhatta, Sikanderpur Road, Mirjanhat, Bhagalpur – 812005 (Bihar), India.

Definitions

• “Services” means the services provided by XPRESS FIBER whereby a subscriber can gain access to the Internet through provisioned bandwidth and any value-added services offered along with the Internet plan.
• “Bandwidth” means the amount of information that can be carried in a given period.
• “Subscriber” means any person availing the services from XPRESS FIBER.
• “Equipment” means hardware/software components required to enable services, including cable modems, Ethernet cards, splitters and cables.
• “Internet” means the global data network using TCP/IP.
• “Information” means visual, textual or other information made available to subscribers on the Internet via the services.
• “Third-Party Content” means information, software and content provided by any independent third party accessible through the services.

Terms of service

1. XPRESS FIBER reserves the right to verify the information provided by the Subscriber in the application form, and shall have the right to grant or refuse the Services at its discretion.
2. The services are provided as per the licence agreement between the Department of Telecommunications and the Ministry of Communications. The Subscriber acknowledges that operation of services is subject to the terms of that agreement and extant laws and regulations. Services may be terminated and/or suspended under directions from the Government of India, with no liability against XPRESS FIBER.
3. The Services are provided on an “AS IS and AVAILABLE” basis for decent and lawful purposes without warranties of any kind.
4. XPRESS FIBER does not guarantee error-free services or that any material accessible through the services is free of viruses, worms, trojans or other harmful components; the Subscriber shall not hold XPRESS FIBER liable for any loss of business or expense incurred.
5. The bandwidth provisioned is non-dedicated and shared, and may vary depending on the upstream feed from the gateway provider, local loop provider and user load, in accordance with TRAI guidelines on broadband speeds.
6. The Services remain XPRESS FIBER’s exclusive property; on expiry/early termination, the Subscriber’s right to use the Services shall cease.
7. The Subscriber must provide access to the equipment necessary to access the Services. XPRESS FIBER reserves the right to disconnect or deactivate access without prior notice where the Subscriber’s equipment or software interferes with other services.
8. The Subscriber should use modem/router/ATA box or equipment approved/supplied by XPRESS FIBER. Ownership of supplied equipment remains with XPRESS FIBER. On termination, equipment must be returned within 7 days in working condition; repair/replacement charges for damaged equipment will be recovered from the Subscriber.
9. The Subscriber shall permit XPRESS FIBER or its representatives timely access to verify/install/inspect equipment at the premises, with prior notice.
10. Subscriber agrees to pay the installation, activation, subscription and other charges along with statutory taxes as and when due. Shifting to a new location is subject to feasibility and shifting charges; if services are not feasible in the new area, no refund shall be due.
11. XPRESS FIBER will provide bills/invoices electronically to the registered email. XPRESS FIBER reserves the right to suspend/terminate services on non-payment by the due date. On discontinuation, charges paid earlier shall not be refunded; unutilised data will not be carried forward or refunded.
12. All payments must be made in full by the due date. Delayed payment attracts interest @2% per month; cheque dishonour attracts a penalty (post-paid subscribers only).
13. Plans are offered monthly, quarterly, half-yearly and annually with prepaid or post-paid billing. For plan change during a prepaid life-cycle, the amount for the remaining period will not be adjusted against the new plan.
14. Static IP (if provided) requires justification and is charged extra at XPRESS FIBER’s sole discretion.
15. Value-Added Services provided through partnerships are governed by their respective terms and end-user licence agreements.
16. Reinstatement of services requires full payment of outstanding balance and other charges plus installation fees, at XPRESS FIBER’s sole discretion.
17. The Subscriber is solely liable for any infringement of copyright or other law arising from reproduction or distribution of third-party content.
18. The Subscriber must ensure objectionable or obscene communication is not generated/sent. The Subscriber is solely responsible for acts in violation of the Information Technology Act, Copyright Act or other laws, and shall indemnify XPRESS FIBER.
19. The Subscriber agrees to notify XPRESS FIBER of any changes to the information provided during registration.
20. The Subscriber is not allowed to share/resell/distribute the Services in any manner.
21. The Subscriber shall comply with all applicable Acts and regulations, including the Cable Television Networks (Regulation) Act, Copyright Act, and guidelines on Internet services, as amended.
22. XPRESS FIBER will strive to maintain maximum uptime but is not liable for downtime, and offers no guarantee of end-to-end bandwidth. Services may be suspended for technical maintenance, modification, repair or testing without liability for refund.
23. The Subscriber shall indemnify and hold harmless XPRESS FIBER against all claims, damages, costs and expenses arising from misrepresentation, fraud, or breach of these terms by the Subscriber.
24. XPRESS FIBER reserves the right to modify and amend this contract by serving at least 30 days’ written notice.
25. On breach by the Subscriber, XPRESS FIBER may suspend the Services or terminate the contract at its sole discretion.
26. Either party may terminate without cause; there shall be no refunds of any nature if termination is due to reasons attributable to the Subscriber. A partial refund may be offered on a termination request: 100% of subscription refunded if cancelled after order but before installation; one-time and plan charges forfeited/adjusted once the line is installed and activated. All equipment must be returned undamaged, failing which a penalty applies.
27. XPRESS FIBER is not liable for delay or failure caused by reasons beyond its control, including upstream provider issues, regulatory directions, change in law, or force majeure events (war, fire, flood, earthquake, riots, strikes, lockouts, Acts of God, etc.).
28. Any dispute shall be referred to a sole arbitrator appointed by XPRESS FIBER under the Arbitration and Conciliation Act, 1996; the venue shall be Mumbai. Service-related disputes may be referred to TDSAT, New Delhi; courts in Mumbai shall have exclusive jurisdiction for other matters.
29. The Services are non-transferable by the Subscriber.
30. Any invalid or unenforceable provision shall be severable, and the remaining provisions shall remain in full force and effect.
31. Obligations on the Subscriber shall survive termination/expiry of the contract.
32. Home broadband plans are intended for home use only. XPRESS FIBER reserves the right to throttle or disconnect services used for non-residential/commercial purposes.

Any correspondence may be sent by registered post or courier to: Xpress Fiber Private Limited, East Gurhatta, Sikanderpur Road, Mirjanhat, Bhagalpur – 812005.