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| Definition |
| Brain
NET: |
Brain
NET Pakistan. |
| User: |
Any
natural or leagal person of
organization whoce application
to enter into this agreement
is accepted by Brain NET |
| Service: |
Access
to Internet provided by Brain
NET to the user including any
value added features introduced
from time to time by Brain NET. |
| ID
/ Passwords: |
Such
secret code(s) which Brain NET
shall issue to the user from
time to time for the purpose
of using the service provided
by Brain NET. |
|
|
| Payment
Terms |
 |
The
subscription fees, usuage charges
and other fees for the service
will be as stated in Brain NET
Price List, which is subject
to change from time to time
by Brain NET. |
|
User
agrees to pay all charges in
advance under this service for
so long as this agreement remains
in force. |
|
All
fee and charges are payable
within seven days of e-mail
notice or invoice date by Brain
NET. |
|
Brain
NET reserves the rights to suspend
or terminate the service to
the user if
he / she is in arrears for the
service shall be based on rates
intimated by |
|
Brain
NET and amendments there to
as may be introduced by Brain
NET from time
to time. |
|
|
| Billing
Policy: |
In order to facilitate our corporate
customers using Corporate-1 (Rs.1500)
and Corporate 2 (Rs.3500) packages,
we have enabled the option to convert
their package to regular one's to
avoid any package lapse.
| Package |
Amount |
Hours |
Expiry |
Timings |
| Corporate
-1 |
1500 |
560 |
30
days |
1am-8pm |
| In
case of change of package, already
consumed hours will be charged
@ Rs 16 per hour. |
| Package |
Amount |
Hours |
Expiry |
Timings |
| Corporate
-2 |
3500 |
Unlimited |
30
days |
24
Hours |
In
case of change of package, already
consumed hours will be charged
@ Rs 20 per hour.
Enjoy Liberty of Internet Usage. |
|
|
| Terms
and Termination: |
|
The
start date of service will be
the date when ID is activated
The agreement shall remain in
force until terminated according
to the terms and contained herein. |
|
The
user may terminate the service
by giving Brain NET 30 days
prior written notice anytime
after the minimum subscription
period. |
|
24hrs
dialup customers will have to
pay 20% of the fixed cost of
the remaining contract period. |
|
In
case the user will be in breach
of any of the terms, Brain NET
may terminate this service immediately
without any termination damages
and without prejudice to Brain
NET's rights to damage for such
breach. |
|
Brain
NET reserves the rights at any
time and without assigning any
reason to terminate this service.
|
|
Account
not used for consective 3 months
will be removed from Brain NET
permanently. Balance payment
of such account will be forfeited.
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| Spammers: |
| Mass,
and unsolicited bulk emailers will
be permanently closed with intimation. |
|
| Users
Responsibility: |
The
User Shall: |
|
Protect
the secrecy of the IDs/Passwords
assigned to the User at all
times and shall ensure that
the same is not revealed or
disclosed in any manner whatsoever
to any person or persons whatsoever.
|
|
Not
use the service for any unlawful
purpose. |
|
Ensure
that their equipment and software
are compatible with Brain NET's
network before connecting to
the work. |
|
Not
attempt to gain unauthorized
access to any computer system
connected to internet. |
|
Not
introduce any computer virus
into the Internet or Brain NET
computer system. |
|
Not
persistently send messages without
reasonable cause or for causing
any threat, harassment, annoyance,
inconveniences or anxiety to
any person. |
|
Not
send any messages which is offensive
on moral. |
|
|
| Brain
NET Rights: |
| Brain
NET at its exclusive discretion reserves
the right to refuse its service to
any party without assigning any reason.
Brain NET reserves the right to manage
and control the access to computer
systems data, stored within Brain
NET computer systems in a manner deemed
appropriate by Brain NET. Brain NET
at its exclusive discretion reserves
the right to refuse, charge or remove
IDs/Passwords which it deems in appropriate
or offensive. |
Indemnity: |
The
User undertakes and agrees to indemnify
and hold harmless Brain NET, its Management
and employees at all times against
all actions, proceedings, costs, claims,
expense, demands, liabilities, losses
and damages whatsoever including with
limitation for defamation, infringement
of intellectual property damage or
pecuniary losses however arising which
Brain NET and its employees or any
person may sustain, incur, suffer
or pay arising out of or in connections
with the sue of the Service by the
user or any act or omission of the
User thereof.
|
| Disclaimer: |
| While
every care is taken by Brain NET in
the provision of the Service, Brain
NET shall not be liable of any loss
of information howsoever caused whether
as a result of any interruption, suspension,
or termination of the Service or otherwise
for any reason whatsoever, for ensuring
that using the Service, all applicable
laws, rules and regulations and all
the terms not limiting to those prescribed
by Pakistan Telecommunication Authorities
for the use of any Telecommunication
system, service or equipment shall
be at all times complied with. |
Assignment: |
| The
Service and the ID / Passwords issued
to the user shall not be assigned
to any other party without prior written
consent of Brain NET. |
Variations: |
| Brain
NET and its exclusive discretion shall
have the rights to amend the terms
and conditions here in at any time
upo notice (in such form as may be
determined by Brain NET) to the user. |
Software:
The User may use in the service the
software distributed by Brain NET
in conjunction with other software
not owned or distributed by Brain
NET. The use of the Software shall
be subject to the terms and conditions
stated here in and shall be at the
sole risk and responsibilities of
the User . |
|
Brain
NET makes no warranty and hereby
disclaims all liabilities whatsoever
in respect of and/or arising
out of the Software provided
to the User. The User shall
have no remedy against Brain
NET or any of its authorized
representatives has been advised
of the possibility of defects
or for any claim by any other
party whatsoever. |
|
The
User shall satisfy himself/herself
as to the suitability of the
software for his/her needs.
The User shall also be responsible
for ensuring the compatibility
of the software with his/her
equipment. In the event that
changes are introduced to Brain
NET network, Brain NET shall
not be responsible to ensure
that software will continue
to be compatible with Brain
NET's Network and the user shall
have no claim whatsoever against
Brain NET by reason of such
changes. |
|
The
User shall strictly comply and
shall ensure compliance by his
employees and against with all
instructions or notices in whatever
form and through whatever means
given by Brain NET from time
to time regarding the use of
the software will continue to
be compatible with Brain NET's
Network and the User shall have
no claim whatsoever against
Brain NET by reason of such
changes. The user shall strictly
comply and shall ensure compliance
by his employees and against
with all instructions or notices
in whatever form and through
whatever means given by Brain
NET from time to time regarding
the use of the software. |
|
Access
Speed:
Brain NET dosenot guarantee any specific
responce time for any method of access
to Brain NET.
Force Majeure:
Brain NET shall not have liability
whatsoever or be deemed to be in default
for any delay or failure in performance
under this agreement resulting from
acts beyond the control of Brain NET,
including and without limitation to
the acts of God, acts or regulations
of any governmental or supra-national
authority, war or national emergency,
accident, fire, lightning, equipment
failure, telecommunication line failure,
riot, strikes, lock-outs, industrial
disputes (whether or not involving
Brain NET employees) or epidemics
of infectious disease.
Amendements:
The terms and conditions are subject
to change by Brain NET management
without prior notice and without assigning
any reason thereof.
Law:
The agreement shall be governed by
and contructed in accordance with
the laws of Islamic Republic of Pakistan.
Notice:
Any notice by either party to the
other shall be served by sending the
same by fax and registered mail at
the address of the party herein above
or at any changed address notified
by the respective party to the other
and the notice so given shall be deemed
to have been properly served and recieved
by the respective party
. |
