1. This Agreement
This Agreement applies to all Interjet customers. It comprises the following parts which, in the event of any inconsistency, will apply in descending order of precedence:
the completed application form (as varied from time to time)
the terms and conditions set out below.
2. Acceptance of Your Application
Applying for any Interjet products or services does not guarantee that the products or services will be provided to you. We will process your application and, if accepted, shall begin supplying the necessary products or services as they become available. Interjet reserves the right to decline your application without giving a reason.
3. Your Responsibilities
a. Gaining Access to the Internet
Except as otherwise provided in this Agreement, you are responsible for providing the computer, hardware, software and all other equipment required to use the services.
b. Your Use of the Services
At all times during the term of this Agreement you will:
comply with (and ensure that anyone else who uses the services complies with) these terms and conditions, and such system operating procedures, instructions, and acceptable use requirements, as notified by us to you, from time to time
ensure your use of the services does not interfere with, or disrupt, the Interjet network
not use the services for any unlawful or offensive act
not use the services to publish or distribute any information, software, or other material, which is unlawful, or which a reasonable person would consider offensive, abusive, or defamatory
not use the services to distribute multiple unsolicited electronic mail to large numbers of persons including, but not limited to, electronic mail advertisements (spamming)
not use the services to gain or attempt to gain unauthorised access to any computer systems, or in a manner which infringes the rights of any person
take all reasonable care (in accordance with industry accepted standards of best practice) to prevent the spread of viruses, or contamination by virus, of any software or hardware operated by any other person on the Internet, our system included
be responsible and liable for any use (authorised or unauthorised) of the services by any other person (including any charges associated with that use).
c. Notification of Change of Personal Details
You must notify us immediately if any of your personal details change.
d. Reasonable Use
If any clients use of their free traffic allocation is at a such an extreme level that it negatively impacts on the performance of the Interjet network and therefore other client’s internet experience, we reserve the right to enter into consultation with the client in question, and if that consultation proves fruitless, then we reserve the right to rate shape aspects of the service in question and/or disconnect the account completely.
e. IP Advertisement
Clients are not authorised to advertise Interjet provided IP address space to any third-party network(s) unless they have express permission from Interjet management.
4. Our Rights
If we receive a complaint (which does not necessarily need to be substantiated), or we form our own opinion to the effect that you are, or may reasonably be said to be, in breach of the usage rules contained in clause 3.2 then we may, after consulting with you:
require you to edit the material in question, or edit that material ourselves
delete the material in question
suspend the Services or use of relevant products for an indefinite period
treat that breach as a material breach and terminate the Agreement.
5. Provision and Use of the Email Services
We aim to deliver your email to the destination to which it is addressed whenever this is reasonably possible.
We will retain ownership of Interjet email address that is allocated to you as part of the Services. In the event that this Agreement is terminated, we may allocate that Interjet email address to another customer.
6. Your Security Obligations
If we will allocate you a password to enable you to use the services, you:
must maintain the security of the password
must advise us as soon as you become aware of any misuse or breach of security in relation to the password
you will be liable for any use (authorised or unauthorised) of the services by any person using the password, including any charges associated with that use.
7. Our Responsibilities
We will strive to provide reliable and high-quality services, 24 hours a day all year round. We are, however, unable to guarantee that our services will be uninterrupted or fault free.
In the event of an interruption in the services, that is caused by a fault in our supply of services, we will take all reasonable measures to restore the services as soon as possible. We are not responsible for fixing faults that occur because of faults in your equipment, or because you have used the services incorrectly, or because of any other event beyond our reasonable control, including, but not limited to, problems with the internet.
We are not responsible in any way for the content or quality of the material that you obtain from the internet as a result of your use of the services.
You agree that Interjet may hold this information about you and may pass it on to our employees, contractors, agents and business partners for a range of lawful purposes connected with our business operations, which include:
providing you with services
administering your account
looking at ways in which we can improve the services
keeping you informed as to the products and services (both existing and new) that are available to you from Interjet.
9. Charges and Payment
The charges for the services will be calculated in accordance with the pricing options that you have selected.
Charges for all services will apply from the date they are made available for use, so long as that date is in accordance with the contracted service start date. The date from which the client chooses to utilise the service has no bearing on the billing start date. Fixed charges will be payable in advance. Any additional charges will be payable in arrears.
We will send your account for any additional charges to your nominated ‘Invoicing’ email address (or to such other address as may be agreed by us).
Payment of bills – It would be the responsibility of subscriber to make monthly or quarterly payment of Internet Services. Internet and Its Franchise would disconnect the service in case of non-receipt of monthly payment without giving any Notice to the subscriber.
If you believe that a mistake has been made on your account, you must notify us before the due date for payment.
We reserve the right to back-bill you for any services provided. You are responsible for paying charges for services, even if the charges were omitted from your prior account(s) in error.
You will be liable for any fees or expenses which we reasonably incur in collecting overdue amounts from you, including collection agent fees, legal expenses and all bank charges in relation to dishonoured payments.
We may change our charges from time to time. We will provide you with at least 10 days’ notice of any changes, by writing to you at your nominated email address (or to such other address as may be agreed by us).
Please note, if during a fault investigation, it’s found that the fault occurred through no error of the upstream provider, we will have no choice but to on-charge any fault-finding fee billed to Interjet by the supplier.
Notwithstanding any other provision contained in this Agreement, you agree to indemnify us, and keep us indemnified, against all loss, cost, damage, or expense resulting from any claim made against us by any third party as a direct result of your use of the services, including material that is generated or disseminated by you through using the services.
It is the responsibility of the Customer to ensure it maintains suitable insurance cover for any server, or other property of the Customer’s, that is placed in Interjet’s possession for the purpose of providing services under a Interjet Agreement, or for any losses to the Customer, or any third party, that be consequent on any failure, or disruption, of the Services provided by Interjet under this Agreement.
11. Ending the Services
a. Your right to terminate
you may close the connection by giving thirty (30) days’ notice by emailing us at [email protected]
b. Acquisition of Fiber or other Leased or Rented Product or Service
If Interjet has acquired a Fiber, or leased or rented a product on your behalf, your right to terminate could require a longer notice period dependent upon the term of the Fiber supplied. Fiber providers require thirty (30) days’ notice, upon signing a Interjet application form you are agreeing to abide by these notice periods regardless of their length.
c. Our right to terminate
We may terminate this Agreement at any time if you do not pay our charges or meet your responsibilities under this Agreement, or if you are abusive to our staff. We may end this Agreement for any other reason by giving at least seven (7) days’ notice in writing to you, to your nominated email address (or to such other address as may be agreed by us).
d. Consequences of termination
On termination of this Agreement, none of your obligations or our rights prior to termination shall be affected. Any of these terms that are intended to apply after termination will continue to apply.
We may vary this Agreement at any time. We will do this by giving you written notice of such changes, sent to your nominated email address (or to such other address as may be agreed by us) at least five (5) working days before the changes take effect.
b. Transfer of rights
We may transfer our rights and obligations under this Agreement. If we do this, we will give you notice. You may not transfer any of your rights or obligations under this Agreement.
c. Whole agreement
This Agreement contains the whole agreement between us for the provision of the services, and any previous agreement is revoked by this Agreement.
If for any reason any term of this Agreement cannot be enforced or relied upon, all other terms of this Agreement shall remain valid and binding.
By signing with Interjet, unless specifically requested not to occur, you are providing permission for Interjet to promote information on our business dealings with you. This information may be broadcast in a number of ways, but primarily though social media and email. Interjet will not disclose specific information about pricing arrangements, or any other matter deemed to be confidential in nature.
By signing with Interjet, unless specifically requested not to occur, you are agreeing to receiving marketing and promotional material, along with product updates and alert notifications to the nominated primary contact person listed within your agreement. All notifications come with an unsubscribe option for your perusal.
g. WiFi / Wireless Connectivity
Interjet does not natively support WiFi services in conjunction with Interjet internet connectivity. In the instance where Interjet provides a router with WiFi capabilities, it is understood that the WiFi functionality is purely a ‘best effort’ service and, as such, falls outside of Interjet’ direct management or control. We recommend Access Points (purchased directly by the customer) in the event a customer wishes to utilise enhanced WiFi services.
h. DDoS Protection
Interjet provides DDoS (Distributed Denial of Service) protection as part of our general internet service offering to all customers throughout New India. DDoS protection ensures any potential malicious DDoS attacks via our IP Transit Carriers are prevented before reaching end customer networks. It is highly recommended that the customer also has suitable network security measures in place locally as an additional layer of security.
i. Managed Firewalls & Routers
Interjet does not allow third-party access to managed firewalls, routers or any other managed hardware supplied by Interjet, unless otherwise specified within your Interjet contract.
13. Our Equipment
If you have asked us to provide services that require location of our equipment at your premises, you agree to give our representatives safe access to your premises so that we can install, inspect, maintain, replace, or remove our equipment. If you are in rented premises, you will obtain the written permission of the owner that we are authorised to access and locate our equipment at your premises for these purposes.
We will always ensure our equipment is safe, free from defects and fit for the purpose for which it is provided.
to provide a safe and secure operating environment for our equipment
to take reasonable precautions to protect our equipment from radio or electrical interference and power fluctuations
not to damage or interfere with our equipment
to pay our charges for repairing or replacing any of our equipment that is lost or damaged while located on your premises and, if we ask you, to obtain and maintain insurance (to a value agreed by us) with a reputable insurance company against any loss or damage to our equipment while under your control. You will ensure that our interest is noted on the policy.
If our equipment is no longer required, or if you damage or interfere with our equipment, then we may request the removal and/or return from your premises – at the customers’ cost, as per 13.5.
If Interjet has leased you a router/modem as part of your internet agreement, this equipment remains the property of Interjet at all times. If this equipment is damaged through force majeure, or fails due to natural wear and tear, Interjet will replace it without charge. If, however, it is damaged, destroyed or lost, due to carelessness or misuse, a replacement cost will apply. Upon termination of your service, Interjet requires the device to be returned within thirty (30) days, with the cost of doing so to be paid by the client.
A leased router is not to be confused with a managed service. In the leased scenario, all backups and configurations are the responsibility of the end user, as are all MAC’s.
If you are renting a managed router through Interjet, it is your responsibility to ensure the router is kept safe and is not interfered with in any way. If the router is broken or damaged due to anything other than general wear and tear and/or a technical fault, you will be liable for the cost of replacement.
In the event you choose to end your rental agreement with Interjet, you are required to courier the router back to Interjet at your cost within seven (7) working days.
If you have contracted Interjet to provide you with a managed router configured in bridge mode, you are in turn accepting that Interjet is unable to remotely manage that device. In the event that it appears to be faulty, we will need it sent back to us and a replacement router will be issued.
Interjet does not allow third-party access to managed Firewalls.
14. Your Equipment
You will ensure that all of your equipment connected to the Interjet network and/or to our equipment is tele permitted and is installed in accordance with our specifications.
You agree to follow our reasonable instructions about modifications that you may need to make to your equipment, so that you can use the services.
Notwithstanding anything else in this Agreement, if your equipment causes a fault in the operation of a service you will, if we ask you to, pay us the reasonable costs of restoring that service.
Any equipment placed on site by a Fiber supplier on behalf of Interjet for the use of the customer, is the responsibility of the customer. If this equipment is damaged in any way, the customer will be liable for the repair or replacement of that equipment.
15. Numbers, Addresses and Other Codes
We may allocate phone numbers, electronic addresses, and other codes to you. You will not have any ownership rights over those numbers, addresses and/or codes, and you may not transfer them to anyone else.
If required by law, or if it is necessary to do so for operational reasons, we may change any phone number, electronic address or code allocated to you. However, we will always give you as much notice as is reasonably possible regarding any such change.
has the meaning set out in clause 1.1.
b. Billing period
means the number of days to which your set allowance of traffic relates (in each case, as specified in your pricing plan).
means Interjet Limited and/or Technologies Pvt Ltd.
d. Pricing plan
means the service(s) you have selected and the applicable charges (as varied from time to time) and forms part of this Agreement.
means any service(s) offered by Interjet, including, but not limited to, internet access and/or webhosting, and that are selected by you from time to time.
f. Interjet network
means the telecommunications network used by Interjet to provide communications services (including any network to which Interjet interconnects).
g. Us, Weand Our
means Interjet Limited and/or Technologies Pvt Ltd.
means the person(s) named on the completed Interjet application form, as the account holder and (if applicable) the co-account holder, both jointly and severally.
17. Support Charges
If at any stage you request Support jobs to be completed, you will be charged as per our rates quoted. Support jobs consist of, but are not limited to; Any changes to Port Forwarding, SMTP changes/requirements, IP Address changes and Multiple IP requirements.
a. IP Service Modification
This covers IP Address changes and Multiple IP requirements. Prices vary for these; please contact us for a quote.
b. Faults caused by external issues
Support jobs or fault calls that Interjet receives, which after investigation are found to be the result of an external (to Interjet) issue; may be charged to the Customer.
c. Public Holiday Support
Public holiday work must be by mutual agreement and will be charged at a different rate. Work done out of hours is charged at a higher rate per hour. Interjet does not guarantee support availability on public holidays.
d. Scheduled Weekly Maintenance
All customers please be aware that there is a nominal outage period every week that will be reserved for Interjet network maintenance. During this time, you may find that your services are inoperative for anywhere up to four hours. Interjet reserves the right to make unavailable any and/or all network components during this time without any further warning where maintenance is necessary. The nominated timeframe will be static and exact. No outage will continue past the closing period of this time frame and any instance of this will be treated as a critical priority job. The details of this time frame are as follows:
f. Planned Work
Interjet will endeavour to provide notice to customers, before proceeding with any Planned Work, both within and out of business hours. Notifications will be sent to customers’ nominated email address(es).
18. National and International Traffic Measuring
Traffic is deemed to be International unless it meets the following criteria:
Interjet’s upstream internet service provider(s) advertise the IP address (or range of IP addresses) over a national network interconnect.
Interjet’s receives the IP address (or range of IP addresses) over a peering point (such as, but not limited to, NIXI or IRINN).
The IP address is connected to a device within the Interjet network.
Interjet will endeavour to notify clients on a best effort basis as usage reaches 80%, 100%, and 120% or their data plan cap, this notification will be sent to your nominated email address.
DNS is not used to classify IP addresses (or range of IP addresses) as national or international. Due to the nature of dynamic routing updates, an IP address (or range of IP addresses) may or may not be classified as a national IP address periodically (this process is outside of Interjet’s control). To improve throughput speeds, Interjet may, from time-to-time, route traffic nationally that would otherwise be sourced internationally. This traffic will still be considered internationally sourced.
19. Data Rollover
Free data rollover applies for a period of one month as standard on all plans unless otherwise stated in the customers. Any unused portion of a month’s data quota will be available the following month without additional charge. If that data goes unused for a second month it will no longer be available and will be removed from the customers’ records.