TRICON BROADBAND

Tricon Broadband Community Connections Terms of Service

Last Updated on September 25, 2020

Please read these terms carefully. They require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please follow the instructions in the Disputes section below if you wish to opt out of this provision.

Welcome to Tricon Broadband

Thanks for using Tricon Broadband’s products, equipment and services (“Services”). The Services are provided by Tricon Broadband Pvt Ltd., located at 1A, Vivekanand Road, Bhatiya Basti, Kadma, Jamshedpur, 831005, India, or one of its subsidiaries (Tricon Broadband Pvt Ltd. and its subsidiaries are referred to below as “Tricon Broadband”).

The Tricon Broadband Community Connections Terms of Service (“Terms”) means the terms specified below and the Tricon Broadband Pvt Ltd. Terms of Service. Any references to “Tricon” and “Services” in the Tricon Broadband pvt ltd. Terms of Service mean Tricon Broadband . and the Tricon Broadband Services. In the event any terms in the Tricon Broadband Ltd. Terms of Service conflict with any of the Tricon Broadband Community Connections Terms of Service, the Tricon Broadband Community Connections Terms of Service will control.

By agreeing to the Terms, you represent that you are at least eighteen years old and capable of entering into a legally binding agreement on behalf of yourself and others in your business who may use the Services.

By signing up for or using the Services, you agree to these Terms.

Communicating Electronically with Tricon Broadband

We may be required to provide certain disclosures, notices and communications (collectively “Communications”) to you in written form. We will deliver such Communications to you in electronic form. Your agreement to these Terms confirms your ability and consent to receive such Communications electronically.

You consent to receive electronically all Communications that we may provide you in connection with your Tricon Broadband account and your use of the Services. Communications include:

  • agreements and policies related to the Services, including updates to those agreements and policies;
  • payment authorizations and transaction receipts or confirmations;
  • questionnaires and marketing materials relating to Tricon Broadband products and services or those of our affiliates;
  • account statements and history; and
  • all other communications or documents related to or about your account, your purchases, changes to the Services or the rates and fees we charge in connection with the Services, and your use of the Services.

Communications will be considered to be received by you upon delivery in any of the following manners:

  • posting them to your online account;
  • posting them on or in the Tricon Broadband Website;
  • emailing them to the email address associated with your account;
  • communicating them to you via text message;
  • communicating them to you via a mobile application; or
  • otherwise communicating them to you via the Services.

To access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:

  • a computer or mobile device with Internet or mobile connectivity;
  • a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
  • software capable of opening PDF documents;
  • access to the valid email address you used to create your Tricon Broadband account registrations; and
  • sufficient storage space to save Communications or a printer to print them.

By consenting to this Policy, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications for your records. You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable. Also, you may contact Tricon Broadband to request another electronic copy of a Communication. We reserve the right to terminate your use of the Services if you decline or withdraw consent to receive electronic Communications, except that you may decline to receive telephone calls and text messages without having your service terminated, as set out in the following section.

Consent to Receive Telephone Calls and Text Messages from Tricon Broadband and Its Affiliates

On occasion, Tricon Broadband or its affiliates may seek to contact you by telephone or SMS text message at the landline and/or wireless phone numbers that you have provided to us. These communications may be about your Tricon Broadband account, responses to inquiries that you have made to us, or for other purposes, including marketing messages about other goods or services provided by Tricon Broadband or its affiliates. These calls or SMS text messages may be sent using an automatic telephone dialing system and may include the use of prerecorded or artificial voices. Please note that you may be responsible for any charges from your telephone provider for these calls or SMS text messages.

If you do not wish to receive these optional calls and SMS text messages, you do not have to do so. Your consent to receiving these calls and SMS text messages is not required in order to purchase or receive any Tricon Broadband Services. To revoke your consent to receive telephone calls and SMS text messages, please let us know. The easiest way is by changing the settings in your Fiber account, or by calling our customer service team at 7320891553.

Tricon Broadband Installation

You agree to provide Tricon Broadband with all necessary access to the premises at the address where you sign up for Services to be installed (referred to as “your premises” below) so that the equipment necessary for you to receive the Services may be installed and configured. You agree that Tricon Broadband may install equipment on the exterior and interior of your premises (including but not limited to laying underground conduit and/or affixing equipment to the outside of your building or facility) at any reasonable location. You agree that Tricon Broadband may take photographs of the equipment installed by or on behalf of Tricon Broadband on the exterior or interior of the premises for quality control purposes. You also agree that Tricon Broadband may use, and that you have the necessary permissions to approve Tricon Broadband’s use of, existing facilities, including existing wiring in and around your premises, to complete the installation services.

If you rent or otherwise do not own your premises, you represent and warrant that you are authorized by the property owner to order Tricon Broadband installation, and you acknowledge that you may be asked to provide written evidence that you have received all permissions necessary for Tricon Broadband to perform installation services. If Tricon Broadband incurs any costs or losses, including attorneys’ fees, because you did not get the necessary authorization(s) for Tricon Broadband to install the equipment required for the Services, you are responsible for reimbursing Tricon Broadband for those costs or losses.

Acceptance of these Terms does not guarantee that Tricon Broadband will install or provide any Services. We may need a separate agreement with you or your landlord in order to install the Services.

Construction And Installation Fees

Tricon Broadband is waiving a construction fee for the construction and installation of the Services, but this does not include, and you will be required to pay, any amounts due pursuant to any other agreement you enter into with Tricon Broadband, including the property access agreement. If you do not schedule installation within forty (40) days after receiving notice to schedule installation, we may cancel your order.

You are responsible for and agree to pay any taxes owed on the construction fee (if any). If Tricon Broadband obligated to collect or pay taxes, the taxes will be invoiced to you, unless you provide Tricon Broadband with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any taxes from your payments to Tricon Broadband, you must provide Tricon Broadband with an official tax receipt or other appropriate documentation to support such withholding.

Tricon Broadband Equipment

Tricon Broadband may provide or rent various pieces of equipment to you in connection with the Services. In some cases, to use the provided equipment, you will need to review and agree to terms of service governing use of the equipment. If you lose or damage this equipment after installation, Tricon Broadband may charge you a fee for replacement equipment (see Fee Schedule). Equipment fees are subject to change.

Unless explicitly stated otherwise on our website, Tricon Broadband owns all equipment provided by Tricon Broadband in connection with the Services. From time to time, Tricon Broadband may offer you equipment that you may purchase in connection with the Services under separate terms to be provided with such equipment.

You authorize Tricon Broadband to install software upgrades on any equipment provided by Tricon Broadband. You also agree not to use the Tricon Broadband-owned equipment for any purpose other than using the Services.

Service Commitment and Price Guarantee

Tricon Broadband will not charge you a monthly fee for the Services for a period of at least twelve (12) months from the date Services are activated. In addition, Tricon Broadband will provide you with at least twelve (12) months notice of any increase in pricing for your Services.

When you subscribe to Tricon Broadband Community Connections program, you do not enter into a service commitment and are free to cancel at any time. See the the Billing and Payment and Changing and Canceling Services; Termination sections below.

Static and Dynamic IP Addresses

When you subscribe to the Tricon Broadband Community Connections program, you will receive a dynamic IP address or 1, 5, or 13 additional static IP addresses. If you choose one of the static IP address options, we will register the IP address(es) you provide at the time you sign up for Service in the public whois database published at http://whois.arin.net Which publishes internet records. Services are not transferable to any location other than the premises.

Using Your Own Network Router

If you order Tricon Broadband under our Community Connections program we will provide you with a Network Box or you can use your own router. If you do use your own router, you are responsible for making sure that your router is used in accordance with the Terms, including our Acceptable Use Policy, which is incorporated into these Terms. Although we hope to make the Service compatible with as many network routers as possible, we cannot guarantee that your router will work with the Service. You must use your own router if you use multiple static IP addresses.

Using Tricon Broadband Services

You agree not to misuse the Services, which includes using the Services for purposes that are illegal, are improper, infringe the rights of others, or adversely impact others’ enjoyment of the Services. Examples of misuses and prohibited activities are set forth in our Acceptable Use Policy. You are responsible for all activity on the Services, whether such activity is undertaken by you or someone else.

As described in the Acceptable Use Policy, you may not resell the Services directly or indirectly. You agree, for example, not to provide the Services in hotel rooms, dormitory rooms in residence halls, private hospital rooms, or shared or rented office spaces that are paid for by customers. You may, however, provide the Services in common areas on your premises, such as lobbies or waiting areas.

If you are using the Services in a premises or other location that you do not own or control (such as a multiple unit building, strip mall, office park, etc.), you may have agreements related to the Services with property owners, managers, or other third parties outside these Terms; Tricon Broadband is not a party to such agreements and therefore is not responsible for nor bound by such agreements.

In addition to the restrictions in Tricon Broadband pvt ltd’s Terms of Service regarding your right to use any branding or logos used in our Services, you may not use our branding or logos to market or advertise your business.

Resale and Redistribution

The Services are intended to be used by you, your employees, your customers and other users in the ordinary course of business. You agree not to resell or repackage the Services or otherwise make them available to anyone outside of your premises.

Security

Tricon Broadband makes an effort to keep its network secure, but no network security is perfect. While Tricon Broadband may provide technical assistance to you, you are responsible for implementing appropriate security measures when using the Services, including taking whatever steps are necessary to ensure that your data is not accessed by unauthorized third parties. Tricon Broadband is not responsible for any damages to users of the Services that may be caused by unauthorized third parties.

Privacy

Tricon Broadband takes your privacy seriously. You understand and agree that information provided to and collected by Tricon Broadband in connection with the Services is subject to the Tricon Broadband Privacy Notice. You can learn more about Tricon Broadband’s collection and use of Fiber data here.

Billing and Payment

You agree to pay any and all applicable fees for the Services you purchase, whether ordered by you, someone authorized by you or someone with access to the Services pursuant to your Tricon Broadband account.

Tricon Broadband will send all bills and other required notices by email to the address associated with your account. You may also access this information through your online Tricon Broadband account. You agree to pay recurring monthly service fees in advance of the billing cycle in which you will receive the Services. Tricon Broadband will bill one-­time charges in the billing cycle following your authorization of such charges.

You authorize Tricon Broadband to automatically collect payments of any and all fees associated with your use of the Services from your designated payment method. Tricon Broadband will email a bill to the email address associated with your account. The bill will indicate the date the amount you owe will be collected via your designated payment method (which may be the same date your bill is sent if permitted by applicable laws). If payment is not received due to insufficient funds or for any other reason, Tricon Broadband may, consistent with applicable laws, assess late payment fees and/or suspend or terminate the Services if payment is more than thirty (30) days past due. If you request that Tricon Broadband reinstate any suspended or terminated Services, Tricon Broadband may charge you a reconnection fee. You agree that Tricon Broadband is not responsible for any third party charges you may incur in connection with your Tricon Payments account, credit card or other payment method.

Changing and Canceling Services; Termination

You may change or cancel the Services at any time, but you may be required to pay for certain construction or installation fees that may have been waived when you signed up for the Service. (As noted above, any construction fee would have been disclosed to you during sign-up.) You may also be required to return some or all of the equipment. If you do not return this equipment, you may be required to pay a replacement fee.

When you change your Service by upgrading or downgrading your package, the fees will be prorated based upon the date that you Service changes.

If you request cancellation of all your Services, your Services will be available until the cancellation date you select. Once your service is disconnected, a credit for the remaining portion of the current billing cycle will be applied towards any remaining balance. Your Tricon Broadband account will not be terminated until all billing obligations are resolved. If there is a credit balance at the time your account is terminated, it will be refunded to the last used payment method in your Tricon Broadband account.

If your Services included free or paid­ for subscriptions to services other than those provided by Tricon Broadband. Tricon Broadband will stop covering the costs of those services at the time your account is terminated or suspended. It will be up to you to work with the provider of those services to determine whether you wish to continue subscribing to those services and how you will pay for them.

Tricon Broadband reserves the right to terminate some or all of the Services it provides to you at any time, in its sole discretion without notice.

Commitment to Online Safety

Tricon Broadband is committed to online safety for minors, and Tricon Broadband complies with all applicable laws related to protecting minors online. This includes reporting cases of child abuse or exploitation to the National Center for Missing and Exploited Children. 

Our Warranties and Disclaimers

We provide the Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about the Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR IN A SEPARATE AGREEMENT PROVIDED TO YOU BY TRICON BROADBAND OR AN AGENT THEREOF, NEITHER TRICON BROADBAND NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING ANY EQUIPMENT PROVIDED TO YOU BY TRICON BROADBAND, ITS DISTRIBUTORS OR SUPPLIERS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE EQUIPMENT OR SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AND EQUIPMENT “AS IS.”

YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES OR FOR USE IN CONNECTION WITH EMERGENCY OR MISSION CRITICAL SERVICES OR FUNCTIONS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED TO REPLACE SERVICES WITH MANDATORY UPTIME REQUIREMENTS.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON­INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TRICON BROADBAND, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, TRICON BROADBAND, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

WHEN PERMITTED BY LAW, TRICON BROADBAND, AND TRICON BROADBAND’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

Copyright Issues

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Indian Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices here.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Tricon Broadband and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Disputes

Changes To These Terms

We may modify these Terms to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these terms on this page by indicating the date the Terms are last modified. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service, changes regarding the launch of a new Service, or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service and contact us to change or terminate your Services.