TERMS AND CONDITIONS

A: DEFINITIONS
1. ‘Service Provider’ means Gelephu Digital Network (GDN), the Internet Service Provider or its agents and permitted assignees.
2. ‘Customer’ means a person who subscribes to or avails service from the Service Provider.
3. ‘Suspension’ means the temporary removal of services, which may be restored after clearing the accrued dues.
4. ‘Disconnection’ means permanent removal of services. ‘Temporary disconnection’ means temporarily disconnecting the lines for few months while not in use with no charges
5. ‘Charge’ shall include such payments which are due and payable by the customer to the Service Provider, whether billed or not, inclusive of fees, taxes, levies, penalties, etc.
6. ‘Network’ means last mile fiber connectivity through which services are provided.
7. ‘Reconnection’ means the restoration of a temporarily suspended service.
8. ‘Billing cycle’ means a 30 day package validity period.
9. ‘SLA’ is this document which may also be treated as a Service Level Agreement between GDN and any of its potential customers.
10. MRC means “Monthly Recurring Charge”, it is the cost you are charged every month for services provided / received.

B: GENERAL GUIDELINE
1. GDN will provide services only to those who agree to fulfill and comply with the requirements laid down in the ‘CONNECTION FORM’ and the Terms and Conditions mentioned in this document.
2. The terms and conditions mentioned herein may be amended as and when necessary. The customer may be notified ahead of any changes/amendments.
3. This agreement will be valid for one year and it will be automatically renewed on yearly basis until the customer surrenders the service by fulfilling the disconnection / billing formalities.

C: TERMS & CONDITIONS
4. GDN is responsible for transmission of internet service only till the point of customer-side ONU/last mile connectivity beyond which responsibility entirely lies with the customer.
5. If any payment has not been cleared within two months then the service provider has the right to disconnect the services without any prior notice until client makes the payment.
6. The Service Provider has a right to exchange or withdraw any service and/or change or withdraw any charges. The rates are subject to change without prior information to the customers depending on the change in the tariff and the taxation policies by concerned or the relevant authorities.
7. Services provided by GDN will be as per the Information, Communications and Media Act of Bhutan 2018, directions and instructions of government authorities and in compliance with applicable laws.
8. The tariff plans applicable for Services are subject to the guidelines/tariff orders/directions issued by Information, Communications and Media Act of Bhutan 2018 or any other statutory authorities.
9. The Plans chosen by the customer is intended only for personal use. The Service Provider reserves the right to suspend the services in case of misuse/ fraudulent use/unauthorized and commercial purposes.
10. Services shall be made available to you in the area, where you have requested for provision of Services, on ‘as is where is and available basis’ which shall be subject to commercial viability, technical feasibility, availability of GDN network and infrastructure at the relevant area where Services are sought. Services shall commence from the date of activation of Services.
11. GDN reserves the right to modify, alter the terms and conditions, owing any reasons including but not limited to change in law, regulations, government policies, and any such terms and conditions altered, modified shall be effective upon notification to you either through email / SMS / Whatsapp / Telegram to the registered mobile number of contact details or any other mode as may be decided by GDN.
12. Service(s) will be activated post installation and commissioning at Customer Premises. Once the Services are activated, a notification in this regard will be issued to you and billing shall commence from the date of activation of High Speed Internet (HSI) Services.
13. The customer will have the option to upgrade, downgrade or change the Services as per the Plans available at the relevant time.
14. The bills of the LL/P2P/IPVPN Enterprise customer connection will be sent through SMS / Whatsapp, Telegram messages or emails (e-billing) on a monthly cycle basis.
15. It shall be the customer’s responsibility to protect and maintain the secrecy of the password assigned to him/her at all times.
16. The customer will be fully responsible and liable for all charges, losses or damage arising from the use of its username and password and shall have no rights to claim waiver on the ground that password and/or username had been misused.
17. Proper caring of the installed equipment and accessories at the customer’s premises shall be the responsibility of the customer. Precaution from damage by any form of liquid, dust clog, lightning, voltage surge shall also be the responsibility of the customer.
18. In terms of leased line shifting, the monthly MRC will continue being billed irrespective of the days consumed for shifting the connection, unless the customer informs a prior suspension.
19. The client shall make payment on or before the exhaustion of the billing cycle.
20. Services shall be used in compliance with all applicable laws, including but not limited to the provisions of Information, Communications and Media Act of Bhutan 2018 made thereunder and amendments or replacements made thereto from time to time,.
21. You are obliged to provide, without any delay, access to authorized officers of GDN or its affiliates, relevant government agencies and authorities when such access or information is required for investigations or detection of crimes and in the interest of national security, lawful interception and monitoring etc.
22. You shall not: a. Send, generate, any objectionable, obscene or unauthorized content or any content, messages or communications, content, materials infringing third party Intellectual Property rights, or otherwise inconsistent with the laws of India; b. Hack or gain unauthorized access to any computer systems on the Internet/ CUG Network of other providers; c. Use the Services for any improper, immoral, anti-national, unlawful, or abusive purpose or for sending obscene, indecent, threatening, harassing, unsolicited messages, or to create any damage to us or our Affiliates or its Network/ infrastructure or to any other person whomsoever.
23. You shall execute/ subscribe to applicable forms, grant consents and shall be bound by the terms thereof for change/addition/deletion of any features/ supplementary Services/ schemes/plans, value added services, Add on services as applicable. We/ our Affiliates may change or withdraw any of the supplementary Services at our sole discretion which shall be effective upon intimation.
24. We will not be liable for your dealings with any person, who is not authorized by us to deal on our behalf.
25. For the purposes of the compliance of applicable laws, directions or orders of competent authorities, courts or otherwise, you further acknowledge and agree that we may take such measures to prevent carriage of infringing content in its network, apart from initiating actions in response to complaints received from third parties in accordance with law.
26. We and or our Affiliates exercises no control over and accepts no responsibility for the content or the information passing through the Network, Service Equipment, Devices, services etc.
27. You shall promptly and thoroughly respond to any notices forwarded to you by GDN and its affiliates, including, but not limited to notices alleging that the content transmitted by you, violate the Applicable Laws.
28. You shall indemnify, keep indemnified and hold harmless GDN, its affiliates / and its directors, officers, employees against any breach or violation of these terms and conditions, terms and conditions, by you without any restriction or limitation.
29. You shall adopt authentication process for accessing the Services and shall comply with applicable laws, guide-lines and regulations issued by any regulatory or government authorities in connection with the provision and access to the Services, irrespective of whether it is specifically mentioned herein or not.
30. Any disputes arising from the implementation of this “SLA” not limited to the points mentioned herein, shall be dealt with as per the existing laws of the Kingdom of Bhutan either through relevant Arbitration Committees or at the Royal Court of Justice, Gelephu.

Disclaimer GDN and our affiliates shall not be responsible for any claims related to damage, revenue/business loss, loss of data, information or other content in connection with the use of Services or any interruptions, malfunctions in the Services which are caused due to third party carriers, other third parties or due to any force majeure events viz act of god, events beyond our/ our affiliate’s control. We and or our affiliates disclaims any liability in connection with violation of applicable laws, intellectual property infringement, indecent, offensive materials transmitted by you or your users and you shall indemnity and keep indemnified GDN and its affiliates against any such third party claims, legal proceedings, awards, penalties etc. It is clarified that the relevant affiliates of GDN, their respective licensors or third party service providers, providing various services as per the Plans subscribed, shall be solely liable for the performance of obligations relating thereto, and or enforcing any rights as applicable and GDN shall not be liable in any manner in this behalf.

Declaration
I hereby declare that all the information provided by me are true and correct. I declare that I have read and understood the Terms and Conditions of service and agree to it. Any disputes arising from usage of services, information provided in this document and execution of the Terms & Condition shall be dealt as per the Laws of the Kingdom of Bhutan.