TERMS AND CONDITIONS
SERVICE LEVEL AGREEMENT BETWEEN
Shine Communication, a company registered in Bangladesh and having its Registered Office: G P TA 23/8, Road-2, Amtoli, Banani, Dhaka-1213, Bangladesh. hereinafter referred to as “Shine Communication” (which expression shall, where the context so admits, include its successors-in- interest, heirs, executors, legal representatives, administrators, agents and assigns) of the ONE PART
AND
A company or individual user who is using any Shine Communication Services hereinafter referred to as “Clients” (which expression shall, where the context so admits, include its successors-in-interest, heirs, executors, legal representatives, administrators, agents and assigns) of the OTHER PART
OTHER PART AGREE THAT BY REGISTERING FOR, ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH ELASTIC. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
1. OUR AGREEMENT
1.1 This agreement applies from when we accept your request for Service. Please read the terms carefully before activating Service with us.
1.2 By using and/or activating Service with us and/or clicking the accept button on the login/registration page you agree to be bound by this agreement. You also agree to permit Shine Communication to use your logo, website, Contact for Advertisement/Marketing/Promotion or any other need. This is also applies for third party’s if any related to those services. If you do not agree to the terms of the agreement, do not use the Service.
1.3 We may modify the agreement at any time. In accordance with clause 1.2, use of the Service constitutes acceptance of the agreement current at that point in time.
1.4 This agreement contains disclaimers and other provisions that limit our liability to you.
1.5 Rates and Charges: As long as Client subscribes to Shine Communication Services, Client agree to pay in advance applicable service rates for Service plans he/she has selected along with all charges property billed to his/her account. Such charges include (but are not limited to) a one-time non-recurring set-up fee and recurring monthly Service Charges and VAT. Shine Communication reserves the right to increase/decrease these charges/tariffs and monthly packages by giving 15 days advance notice to the Client.
1.6 Change of Service Plan: Client may change to another Service plan free of charge, if no actual work is needed by Shine Communication staff at Client’s premises. Written/emailed change of Service plan request from Client should reach Shine Communication on or before 25th day of a calendar month for the new plan to take effect from 1st of next month. No charge of Service plan request will be entertained during the month.
1.7 Refund: Client may terminate Service by Giving Shine Communication 30 days prior notice to claim refund of already paid charge expect to initial for initial one time setup/installation fee and cost of equipment. Refund of monthly charges will be calculated equal to the amount remaining against the time/traffic volume un-utilized by the Client from the date of filling refund claim with Shine Communication. Minimum processing period for refund request will be 14 Working days from the date of filling of claim.
2. PROVIDING SERVICES
2.1 For internet/data service Shine Communication will provide all cable and connection node till user side. All of the product provided by Shine Communication is property of Shine Communication. You are responsible for providing all hardware and other equipment required to access and use the Service .
2.2 Network speed is no indication of the speed at which your Unit connected to the Service sends or receives data. Actual network speed will vary based on Unit configuration, compression and network congestion. The accuracy and timeliness of data sent or received is not guaranteed and you accept that delays or omissions may occur.
2.3 Availability of Service: Shine Communication will use its best efforts to provide Clients with quality Services without interruption, as far as technically feasible. However Service is subject to transmission limitation of BTRC’s control. Service may be temporarily unavailable or limited because of the unavailability of backbone or may other service provided by any third party services, which is not in control of Shine Communication. Service to equipment modifications, upgrades, relocations, repairs and similar activities necessary for the proper operation of Service. However, in event of a schedule interruption, reasonable notice will be given to the Client.
3. USE OF SERVICE
3.1 The Service is made available provided:
(a) You do not use the Service for anything unlawful, immoral or improper;
(b) You do not use the Service to make offensive or nuisance communications in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitating any content that is unlawful, defamatory, threatening, a nuisance, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), a breach of privacy, or which is otherwise objectionable;
3.2 You have no proprietary or ownership rights to any username or password or to a specific IP address, or devices assigned to you or your Unit. We may change such addresses at any time or deactivate or suspend Service to any address without prior notice to you if we suspect any unlawful or fraudulent use of the services.
4. CONTENT DISCLAIMER
4.1 Shine Communication will provide telephonic Client support through its Technical & Support team on 24X7 Basis. Onsite Client support in case of physical line problem will be provided within 48 hours (excluding weekends and public holidays). As an IT service provider Shine Communication responsibility is to extend connectivity to Client Premises Equipment installed by Shine Communication. Connectivity beyond Client’s premises, additional charges for value added services as per prevailing rates will be charged from the Client.
4.2 Claims: Claims against Shine Communication shall be limited to recovery of no more than the sum(s) pid to Shine Communication Service. Shine Communication shall not to be liable for any damages caused by delay in delivery installation or furnishing of services, periodic, recurring interruption in Services being provide under this agreement.
5. You are solely responsible for all use of and for protecting the confidentiality of your username and password. You are responsible for all activities that occur under your registration. Any breach of security of a username and password or anything related to service should be notified to us immediately. We have the right to disable your username and/or password or services at any time if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
6. The laws applicable to the interpretation of these Terms and Conditions shall be the laws of the State of Delaware without reference to its conflict of law provisions.
7. This agreement shall not confer any benefit on a third party
8. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever able from this agreement and shall not affect the validity and enforce ability of any remaining provisions.
9. We reserve the right to amend these terms and conditions at any time without any notice. It is clients duty to check updated terms and condition time to time.