Terms of Services

The Terms and Conditions outlined herein, along with the terms specified in the Customer Application Form (CAF) and Invoices, which are timely updated, constitute integral components and are deemed to govern the provisions for the Services provided by KVBL. By subscribing to the service from Keralavision Broadband Limited, the subscriber shall be deemed to have accepted these Terms and Conditions.

• 1. KVBL reserves the right to change any or all aspects of this agreement, operating rules, usage guidelines, prices governing the service plans, pricing structure, and product/service policies at any time without prior intimation to the subscriber specifically. It is the sole responsibility of the customer to stay informed of the Terms and Conditions, as amended from time to time, as published on the Website https://keralavisionisp.com/terms and agree to abide by them.
• 2. "Subscriber" or "customer" refers to any individual who utilizes the service(s) provided by KVBL. The term "person" mentioned above encompasses individuals, partnerships, proprietary concerns, body corporates, housing societies, associations of persons, bodies of individuals, and other artificial juridical persons.
• 3. "Service(s)" in general encompasses all the services provided, marketed, maintained, and supported by KVBL as of the current date, including all updates and upgrades offered under the Kerala Vision Broad Band initiative. However, concerning the Subscriber, the term "service" shall refer exclusively to the internet service specifically availed by the subscriber.
• 4. The Customer registration must be completed with accurate and complete details, including name, address, telephone number, email address, etc. Any changes to this information must be promptly updated by the respective Subscriber. Failure to do so may result in KVBL reserving the right to terminate the service and close the account without any obligation to refund the Customer’s account balance.
• 5. The charges for the subscribed service are payable in advance and non-refundable. Additionally, all taxes, duties, or any other levies of any nature whatsoever payable for the service shall be borne by the Customer in addition to the charges for the availed services. The KVBL or its LCOs shall have the right to provide its service along with the other 3rd party service as a combo plan which includes OTT platforms etc. However, KVBL shall not be responsible for services other than its core business of ISP service.
• 6. KVBL will work to maintain the maximum possible uptime of the service, exerting its best efforts. However, KVBL will not be held responsible for service downtime due to reasons beyond its control, such as force majeure events. "Force Majeure" includes events like Acts of God, declared or undeclared war, riots, civil commotion, revolutions, hostilities, strikes, epidemics, accidents, fire, non-performance of the 3rd party network service provider or any other cause similar to those enumerated, or of equal force, not within the control of KVBL, rendering fulfilment of this contract impossible.
• 7. KVBL shall not be liable to the Customer for any loss, direct or indirect expense, or damage of any kind including but not limited to mental agony, arising due to the performance of KVBL service or arising from disruption, interruption, suspension, or malfunction of the service for whatsoever reason. Further, The Customer also acknowledges and accepts that in the very nature of the service to be provided, there can be a number of factors affecting the services provisioned, and the obligation of KVBL shall be limited to providing the services on a best-effort basis.
• 8. KVBL provides internet services on a best-effort basis, similar to any other internet service provider, subject to quality regulations. The Customer must understand that internet speed experienced wirelessly and through hard-lined connections will vary based on numerous factors, both related and unrelated to KVBL. These factors include, but are not limited to:
  •  Users and devices connected to the network.
  •  Customer hardware capabilities.
  •  Performance of Customer equipment such as routers, switches, cables, and wireless access points
  •   Technical specifications of websites visited
  •   Environment in and around the Customer’s property
  •   Customer content being accessed online.
• 9. KVBL shall not be responsible for any loss or damage resulting from the use of any third-party software or hardware optionally provided to enhance user experience. Any support required must be obtained from the respective software vendors/companies. Customers have the freedom to choose whether or not to use such software or hardware including Modem router Etc. KVBL will be responsible only for carrying data packets and is not responsible for its nature or content. The liability of KVBL is limited to the core broadband service rendered by KVBL and KVBL shall not be liable for any acts or deeds of the Subscriber outside the scope of this service.
• 10. The customer shall not engage in any actions detrimental to KVBL's interests. The subscriber shall fully defend, indemnify and hold KVBL, its employees, directors, officers, agents, partners, affiliates, and their successors and assignees from and against any liabilities, damages, losses costs and expenses, including attorney’s fees, caused by or arising out or claims based upon his/her use of KVBL services, including any claim of libel, defamation, violation of rights or privacy, loss or service, loss of profit, loss of opportunity, loss of business, loss of revenue, wasted costs, indirect, incidental, special or consequential loss arising out of or in any way connected with the use of KVBL services and any other indirect or consequential loss howsoever arising.
• 11. The subscriber is solely responsible for the security of his/her password and for all transactions undertaken by using his/her password through the KVBL website. The subscriber shall not distribute, transfer, re-assign, sell, and/or offer or promote the service to others or otherwise, share the services with others without the express authorization of KVBL.
• 12. KVBL or its assignees reserve the right to inspect the Subscriber's premises at all times to ensure that the subscribers adhere to the terms of service. If the Subscribers is found in default in complying with the said terms of service, KVBL reserves the right to terminate the services immediately and shall not be liable for any refund or compensation thereafter. The Subscriber shall not do anything detrimental to KVBL’s interests.
• 13. KVBL reserves the right to terminate the services for the. Non-compliance with regulations and T&C, Non-feasibility of the location, Lack of network capacity, Non-availability of LCO in the location, or any issues out of the control of KVBL. For which the KVBL will provide 10 days prior email notice to the subscriber. Apart from that both KVBL and its subscribers shall have right to terminate the service by 30days prior email notice without assign any reason for such termination. The subscriber shall send such notices to hello@keralavisionisp.com. Further KVBL reserves the right to accept or reject any customer application forum without citing any reason for the same.
• 14. The KVBL provides its service on “as is and available” basis. KVBL, its employees, agents suppliers vendors, and distributors make no warranty of any kind, either expressed or implied unless explicitly granted to the Subscriber by way of service level agreements regarding the quality accuracy or validity of the data and/or information available on its systems or residing on or passing through its interconnecting networks or that the service will be uninterrupted or error-free. KVBL expressly excludes any implied warranty of merchantability or fitness and any service guarantees granted to the Subscriber shall be limited for the cause and period of such agreement.
• 15. The KVBL provides broadband service to a single PC connection. KVBL shall not be responsible for any downgrade of service due to re-distribution by the Subscriber, any re-distribution or sharing of this service without prior authorization of KVBL shall be treated infringement of network privacy and shall be dealt with as per prevailing cyber-crime and criminal laws, and the Subscriber shall be held fully and solely responsible for any costs and consequences.
• 16. The ‘network’ or ‘network components’ use by KVBL to render the Kerala Vision Broad Band Services, including but not limited to cables, switches and un-interrupted power supply, ONUs deployed by or behalf of KVBL is the exclusive property of KVBL unless paid by the customer and the Subscriber shall not remove/re-locate the same without prior written consent from KVBL. Any attempt to violate or violation of the same shall be deemed as a wilful attempt to destroy KVBL property and the subscriber shall be liable to be dealt with by the prevailing laws.
• 17. The customer is free to use their equipment at their premises compatible with KVBL services. KVBL shall not be responsible for any equipment used by the subscriber at their premises unless provided by KVBL and fully paid for by the subscriber. The subscriber must keep bills for the same. Equipment provided by KVBL during the period of service or otherwise shall remain the property of KVBL unless fully paid for by the subscriber and subject to suitable acknowledgment received from KVBL towards the transfer of ownership of equipment.
• 18. KVBL reserves the right to control/monitor the functionality of the device provided to the Subscriber (if any), from its end during the service period. To provide speed of connection of service(s) or otherwise, KVBL reserves the right to upgrade the service(s), without prior intimation to the Subscriber as long as tariff remains unchanged for the service. The Services may be suspended in whole or in part at any time without notice to the Subscribers if the network requires urgent modification, maintenance, or under the instruction issued by competent authorities. KVBL shall make all responsible efforts to minimize the frequency and duration of such events.
• 19. The house hold broadband service is exclusively for the consumption of the Subscriber of the service. The Subscriber re-distribution or sharing of the service for commercial intent is not permissible unless explicitly authorized in writing by KVBL. KVBL reserves the right to inspect the Subscriber’s premises and disconnect the service without prior intimation, if the usage is found to violate the terms and conditions of the subscription, the Subscriber’s account shall be closed and the balance of the amount remaining to the credit the Subscriber’s account shall not be refunded.
• 20. It shall be the duty of the Subscriber to protect and keep the password protected, safe and secured. Online requests made by any Subscriber shall be treated equivalent to the physical form of the application and KVBL shall not be liable for any unauthorized online requests made by the subscriber. Kerala vision shall only be responsible for the transactions made by it in its bills and invoices.

SERVICES CONDITIONS

• A month is defined as 30 days
• Minimum speeds are guaranteed access speed up to the gateway.
• Day checkout time is 00.00 hrs midnight
• Day means calendar day
• Charges for static IP addresses are calculated additional if any
• All services are prepaid except explicitly provided.
• The base package is a combination of service parameters which are “Port Speed” and “Service(s)”.
• Base package re-definition is possible after the expiry of the validity period of the current package. Change in the base plan before the expiry of the validity period will invite a fee of Rs. 50/- (excluding taxes) per such transaction. The then-current tariff for Port Speed and service(s) shall apply for the re-defined base package. The subscribers can renew and upgrade their existing plan using the online portal provided by the company.
• Money Validity: For deactivated account, which might have certain un-spent balance, the account balance shall continue to be available for 3 months from date of expiry of the subscription. If the user account is re-activated within 3 months from the expiry of subscription, the previous un-spent account balance remains available. After 3 months from the expiry of subscription, the user account shall be treated as “expired” and any un-spent account balance shall not be refundable.
• Tariff plan for each service is published on the KVBL website https://keralavisionisp.com and it will be modified or replaced time to time
• The subscriber is required to ensure that IP Telephony is used as permitted by Govt. of India, Ministry of Communications and Information Technology.
• Internet Telephony is a service to process and carry voice signals offered through public Internet by the use of Personal Computers (PCs) or IP based Customer Premises Equipment (CPE) connecting the following:
  • (i) PC to PC; Within or outside India
  • (ii) PC in India to Telephone outside India
  • (iii) IP based H.323/SIP terminals connected directly to ISP Nodes to similar terminals; within or outside India.
  • Except whatever is described above, no other form of Internet Telephony is permitted.
  • Translation of E.164 number/private number to IP address allotted to any device and vice versa, to show compliance with IANA numbering scheme is not permitted.
  • The Customer is required to fully comply with the provisions of Indian Telegraph Act 1885, Indian Wireless Telegraphy Act 1933, and Telecom Regulatory Authority of India Act 1997 as modified or replaced from time to time.
  • The KVBL shall have the right to disconnect the DID services if it is inactive/unused for more than 90 days. The service will be reactivated on the Customer's request within 90 days of disconnection. The DID number will be seized and reallocated after 90 days of disconnection.

CUSTOMER COMPLAINTS & ESCALATION

• For normal complaints and direct support, Customers may contact the Local Cable Operator in their area to any support. The Local Cable Operator shall have the duty to assist the customer in case of any Network issue on his premises. The Customer also can contact the customer care number for remote support.
• The Customer can also raise their complaint in the portal https://keralavisionisp.com/contact or submit the issues as per the escalation matrix provided in therein. If required. KVBL Customer Support team will call back the Customer and resolve the issues within period of a maximum 72 Hrs.
• In case of technical complaints, Customer Care shall forward the complaints to the local operator to get the complaints resolved. In case of other complaints, Customer Care shall adopt the necessary steps in resolving such complaints.
• On getting the complaints our redressal team shall contact you within reasonable time . If the call for resolution of the issue, is left unattended by the subscriber/customer for three successive times or if the Customer reschedules the visit or calls back for more than 3 attempts, then the ticket will be nullified and the dispute shall be deemed to be resolved.
• If the customer issues continue or are not satisfied even after 3 days of raising tickets, the customer shall prefer the appeal to the appellate authority by mail to appellateauthority@keralavisionisp.com or by contacting the authority as per the details provided on the website. Such appeal shall refer to the ticket number issued by KVBL customer care. If no appeal is preferred the issues shall be deemed to be resolved.
• Apart from these escalations, the customer may opt for an additional redressal mechanism established by KVBL under the mediation program. To opt for the same the customer shall send an e-mail in the prescribed format provided hereunder, stating the issue along with substantiating proof thereof, to hello@keralavisionisp.com and/or to the address: Kerala Vision Broadband Limited, Uzhaloor Temple Road, South Thoravu, Pudukad, Thrissur - 680301, Kerala. On getting the mediation request KVBL shall allocate an officer for dispute resolution by mediation.

APPLICATION FOR MEDIATION

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