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TERMS AND CONDITIONS


    These terms and conditions shall form an integral part of the accompanying Customer Application Form (“CAF”).
    Definitions:
  1. a) “Authority/ies” shall mean Government of India and/or a State Government (Government), any Local Authority, Cantonment Board, Department of Telecommunications (DoT), Telecom Regulatory Authority of India (TRAI), Courts of law or other judicial/qua- si-judicial forums, security agencies, all other statutory authorities, as the case may be, and shall include their successors-in-inter- est.
  2. b) “Charges” or “Tariff” shall include all fees, call charges/tariffs, deposits, rentals and interconnection costs and includes any other incidental charges relating thereto chargeable by Swifttele from time to time for providing the Service/s to the Customer and shall include all Government levies present and future.
  3. c) “Customer” shall mean the individual or entity or person who or which has applied for provision of the Service/s vide the accompanying CAF.
  4. d) "Designated Service Provider” shall mean any individual or legal entity designated by Swifttele to provide the Service/s or to discharge Swifttele’s obligations hereunder or to exercise Swifttele’s rights hereunder.
  5. e) “License” shall mean the telecom license/s. (or any of them).
  6. f) “Network” shall mean the communications network and other equipment/software used by Swifttele to provide the Service/s and shall include telephone exchanges, base stations, microwave and land-line links.
  7. g) “Other Service/s” means any service/s which is additional to the Service/s including but not limited to value added services, content, data service, collection and billing.
  8. h) “Service/s” shall mean all the telecommunication service/s and other value added service/s made available by Swifttele through its Network, including voice communication service/s, data and SMS and any Other Service/s under the brand Swifttele Enterprises Private Limited and/or any other brand name/s as Swifttele may desire from time to time.
  9. i) “Service Area” shall mean the geographical area within which Swifttele is providing its services.
  10. j) “Swifttele” shall mean Swifttele ((Swifttele Enterprises Private Limited) and Designated Service Providers jointly and severally (depending upon the context in which it is used) and shall be deemed to include successors-in-interest and assigns of Swifttele and/or Designated Service Providers.
    Provision of Service/s:
    The Services shall be provided only on submission of valid CAF along with POI and POA (asstipulated under the guidelines published by the Department of Telecom from time to time) and after verification of the information provided in the CAF by the subscriber. Swifttele will make best efforts to provide to the Customer the Service/s within the Service Area subject to these terms and conditions, provisions of the License, Indian Telegraph Act of 1885, Telecom Regulatory Authority of India Act 1997, any directions or orders issued by the Authorities and any policies and/or rules/regulations adopted by Swifttele from time to time with regard to operation and maintenance of the Network and provision of Service/s.
  1. Swifttele reserves the right to accept or reject, at its discretion, the Customer’s application for provision of Service/s made vide the accompanying CAF.
    Service Conditions:
  1. The availability, and quality of the Service/s may be affected by factors outside Swifttele’s control including but not limited to physical obstructions, availability or performance of Network, geographic conditions, topographic layout, weather conditions and other causes of radio interference, non-availability of power or faults or modifications in other telecommunication networks to which the Network is connected, non-receipt or delay in receipt of suitable spectrum and right of way.
  2. The Service/s may be suspended in whole or in part at any time, without notice, if the Network fails or requires modification or maintenance. Swifttele will make all reasonable efforts to minimize the frequency and duration of such events.
  3. The allotment of plans / subscriptions will be made and can be changed from time to time by Swifttele at its sole discretion. Customer shall have no proprietary right, claim or other interest in the plan allotted to the Customer and Swifttele shall not be liable for any compensation in connection with withdrawal or change of the plans and services.
  4. Swifttele has the sole right and discretion to revise the Charges at any time by providing to the Customer a thirty (30) days notice or a notice of a reasonable duration which shall be delivered in such manner as Swifttele deems fit.
  5. Swifttele has the right to check the credentials of the Customer including the Customer’s financial standing and to avail the service/s of any person or agency for such purposes. Obligation of Swifttele to provide the Service/s (or any of them) shall always be subject to verification of the Customer’s credentials as assessed or perceived by Swifttele and documents and if at any time, any information and/or documents furnished by the Customer is/are found incorrect or incomplete or suspicious, Swifttele shall be entitled to suspend/terminate the Service/s forthwith without any notice.
  6. Swifttele reserves the right to apply a credit limit and specify other conditions of charges for time to time for Customers and to demand interim or advance payment of deposit / additional deposit, and to suspend / disconnect access of Service/s if such limits are exceeded or such conditions are violated.
  7. Swifttele reserves the right to vary the bill cycle for the Charges from time to time.
  8. Swifttele reserves the rights to initiate appropriate legal proceedings in case of breach of any of these terms and conditions by the Customer (including non payment of Charges).
  9. Any waiver, concession or extra time allowed or granted by Swifttele to the Customer is limited to the specific circumstance in which it was given and the same shall not affect Swifttele’s rights hereunder.
  10. Swifttele may, without any notice, refuse, curtail, modify, suspend, disconnect or terminate the Service/s in whole or in part at any time if so directed by the Authorities, without assigning any reason whatsoever.
  11. Swifttele shall be entitled to designate a third party for discharging Swifttele’s obligations (or any of them) and/or for exercising Swifttele’s rights (or any of them) arising hereunder. Swifttele shall also be entitled to assign its rights and/or obligations hereunder (or any of them) to such third party at any time without being liable to obtain any consent from or to give any notice to the Customer.
  12. Swifttele reserves the right to amend these terms and conditions (or any of them) and/or to separately specify additional conditions from time to time at its sole discretion without providing any notice to the Customer. Swifttele will display on its website www.swifttele.in the latest version.
  13. Any and all information (including that pertaining to the Customer or his business) provided by the Customer to Swifttele or gathered by Swifttele independently of the Customer may be disclosed by Swifttele to any Authority or any other entity/individual whether or not Swifttele provides the Service/s to the Customer.
  14. Swifttele shall be entitled to adjust/set off deposits/payments made by Customer and or any amount payable/refundable by Swifttele to Customer against any Charges, towards Swifttele, starting from the oldest, which in the opinion of Swifttele, are payable by the Customer to Swifttele for the Services or on any other account whatsoever.
  15. Swifttele has signed/is required to sign reciprocal agreements with other telecom service providers according to which Swifttele would not provide new connection to any person who is in arrears with any other service provider/s and whose line has been suspended by such other service provider/s. If such person is already a Customer of Swifttele, Swifttele upon request by such other service provider, would be required to terminate provision of Service/s to such Customer even though such Customer has been in compliance with the provisions hereof. Swifttele however, will not be liable for any costs, damages or losses in case of termination/de-activation of Service/s as aforesaid.
  16. .
  17. Assignment of Credit Limit is at the sole discretion of Swifttele and such limit is communicated to the customer periodically. It may be noted that the credit limit assigned is purely indicative of the credit exposure that Swifttele is willing to allow. Customer shall always pay all charges including usage in full, even where such value exceeds the given credit limit.
  18. Swifttele reserves the right to retrieve the assets and electronic equipments which are installed and deployed at customer locations/premises to activate the service of customer, in the event of disconnection of services by Swifttele due to the breach of any terms by the customer, as contained herein or if the customer chooses to discontinue the services of Swifttele due to any reason whatsoever. In such case, the customer shall be liable to pay the cost of equipment.
  19. The Swifttele services are and will be available only with in coverage area of Swifttele in Operational circles and Tie-up with the operators in the circles/ other circles in service conditions.
  20. In case the Subscriber is a foreign national, the validity of Services shall not be beyond the Visa period and also shall not exceed three months at a time even if the validity of Visa is beyond three months.
  21. The change of name of a Subscriber shall not be permitted.
  22. The Subscriber shall intimate any change of address within one week of such change along with the POA to Swifttele. Swifttele shall have right to disconnect Services in the event if on re-verification address of the Subscriber is found to be wrong.
  23. Swifttele reserves the right for any other reason found to be reasonable by Swifttele warranting suspension/disconnection of including but not limited to the following: (a) Enactment, passing and issuance of a new law, to one/all Subscribers, without any notice, for any reason which is found reasonable by company Services; and (b) Act of God, fire, riots, strike, lock out, war, acts of terrorism, armed rebellion, civil commotion or any other factor beyond the control of Company which makes the rendering of impossible. In such event Swifttele reserve the right to terminate service by giving 7 days notice to customer for whatsoever reason but not limited to the reasons mentioned hereinabove.
    Obligations of the Customer:
  1. The Customer shall be liable to make payments for the Service/s on or before due date mentioned in the bill failing which interest @18 % per annum and/or late fees shall become chargeable on all outstanding Charges from the due date of payment. Further the Service/s shall be liable to be suspended/ disconnected/terminated at Swifttele’s sole discretion in such an event. Where Swifttele is paid by the Customer for the Services in advance, Swifttele shall not be obligated to reverse any advance (in proportion or otherwise) that Swifttele receives from Customer, if Customer chooses to terminate this arrangement.
  2. Payment of the Charges can be made by cash, credit card crossed demand draft or any other mode specified by Swifttele from time to time. Payments made by cheque are valid subject to realization. Swifttele shall not be responsible for loss of cash/payment instrument unless Swifttele has issued a receipt for the same to Customer. Customer shall be liable to pay penal charges/fees as ay be specified by Swifttele in case of dishonor of cheque furnished by Customer besides legal action.
  3. Customer understands and acknowledges that any interface (including MODEM, Router, EPABX, etc.) deployed for channelizing the communication services and/or any end-user terminals deployed to the benefit of the Customer may be vulnerable for unauthorized-use / misuse resulting in excess billing. Hence, Customer shall take adequate measures to prevent such unauthorized-use / misuse and is strongly advised (i) to ensure robust physical access controls are implemented (ii) to ensure strong controls over remote access are established (iii) to have strong access codes/passwords, (iv) to change the access code/password frequently. Further, it may be noted that some of the interface devices are known to have certain remote access features (for ex., DISA/DOSA, etc.) which the Customer is required to be aware of and is expected to establish adequate security measures to avoid misuse / abuse by establishing strict control on the access codes/passwords, etc., and invariably turn off / disable such features. It may further be noted that the Customer by choosing to keep the feature switched- on, understands that the system may be open for misuse / exploitation. Swifttele shall not undertake any responsibility and liability and in case of any misuse, security issues, loss, spike in billing, whatsoever, arising out of the same, the Customer shall be responsible and liable to pay Swifttele the billed services charges in full without any demur. In this connection Swifttele would like to draw attention of the Customer to clause 3, sub-clause (p) regarding credit limits.
  4. Please quote your GST registration number in the form for tax purposes. If you do not quote your GST registration number it shall be presumed that you are unregistered for tax purposes.
  5. The additional discount applicable on the product / service, as agreed between the parties, shall be passed on to the customer on the basis of usage in each state of delivery as per the GST rates of that particular state.
  6. In the event of any dispute regarding the Charges, the Customer shall be liable to pay Charges as billed by Swifttele pending resolution of such disputes. Customer shall be liable to pay for the Service/s provided even if the Customer does not receive the bill.
  7. Swifttele shall send the bills to the billing address or email address or through SMS or Whatsapp as per Swifttele records. It will be Customer’s responsibility to make enquiries in case of non receipt of bills.
  8. Customer shall be liable to pay or bear all the cost for collection of dues, legal expenses etc. with interest, in case of nonpayment of dues or other violation/s hereof by the Customer, necessitating Swifttele to refer the matter to a collection agency/legal advisor/representative of Swifttele.
  9. Customer shall remain liable for the Charges pertaining to the period of suspension of Service/s and thereafter until payment is made in full.
  10. Customer shall inform Swifttele for any change in billing address. Any written communication, bill, billing statement or notice issued by or on behalf of Swifttele to the Customer will be deemed as served within 48 hours of posting by ordinary mail through courier or email or SMS or Whatsapp.
  11. Customer shall be liable to bear all taxes, duties or levies payable in addition to the Charges, including those levied/leviable on this CAF. Any increase/ addition/introduction of taxes and/or levy of any taxes, duties or any other statutory charges etc. (present/ future) shall to be the Customer’s account upon notice to him and shall at all times deemed to be part of Tariff.
  12. Customer shall not use or cause or allow others to use the Service/s for any improper, immoral, illegal or unlawful purpose including in any manner which may jeopardize, affect or impair the operation of the Network and/or provision of the Service/s to other customers of Swifttele or cause public or private nuisance.
  13. Customer shall comply with all applicable laws, rules and regulations, any instructions issued by the Authorities or Swifttele, concerning the Customer’s use of the Service/s including but not limited to relevant tax laws and import control regulations.
  14. Customer shall furnish correct and complete information and documents as required by Swifttele from time to time.
  15. Customer shall not assign any right or interest in the Service/s provided hereunder without Swifttele’s prior written consent.
  16. Customer agrees and accepts that it is the Customer's responsibility to communicate its GST registration number to Swifttele and that any change in the GST registration number shall be considered only for invoices issued after the date of such communication to Swifttele by the Customer.
  17. Customer shall follow the processes specified by Swifttele from time to time with regard to the Service/s.
  18. Customer shall inform Swifttele in writing about any deficiency in Service/s within 7 days of occurrence of such deficiency. Swifttele shall, upon receipt of complete information about such deficiency, endeavor to get the deficiency rectified.
  19. Customer is not permitted to transfer the Service or any right or interest hereunder to any person, firm or company except transfer of ownership in the name of blood relation or Legal Hire, after obtaining NOC from transferor with New CAF and submission of all documents/information, payment of all charges and fulfillment of such conditions as may be specified by Swifttele from time to time.
  20. In case of any over charging the said amount shall be adjusted in the subsequent bill.
  21. The Customer shall not assign any right or interest in the Service/s provided hereunder without Swifttele’s prior written consent.
  22. Customer shall be responsible for safekeeping of Counterfoil/Receipt issued by Swifttele at the time of submission of CAF/POI/POA.
  23. If the connection of a Customer is temporarily suspended, any amount billed to the Customer during such suspension period shall be allowed as a discount to the Customer in the subsequent bill at the sole discretion of Swifttele.
  24. Cases wherein Advance Rental is paid/Safe Custody is opted for, will be exempted from disconnection due to non usage.
  25. No Plan Rentals will be charged during the safe custody period, only Safe Custody Rentals will be charged.
  26. We (customer) hereby consent that our business & transaction related information provided to the company can be circulated to its employees and/or be used for internal case studies.
  27. Terms & Conditions mentioned on this website / CAF along with pricing ('TEF') will be final and binding for all Customers.
  28. Customer may express its willingness to order for availing Swifttele’s Services and / or product in any form, which includes, but is not limited to, emails, website, telephone and Purchase Order, etc. and in such scenario, the terms and conditions of mutually agreed CAF/ STC/MSA shall be binding and prevail over any terms and conditions which form a part of Customer's order through email, website, telephone and Purchase order, etc.
    Limitation of liability:
  1. Swifttele does not guarantee uninterrupted or fault-free working of the Network or the Service/s and shall not be liable to the Customer or to any user or other person for injuries or damages or death resulting from operation of the Network/Service/s arising due to any events (including but not limited to fire, explosion, war, riots, strikes, ockouts, picketing, boycotts, acts of government authorities, act of God, loperations of other telecom or allied service providers).
  2. Swifttele makes no representation or warranty other than those specifically set forth herein and disclaims all warranties, express or implied.
  3. Swifttele shall not be liable to the Customer for any loss, costs or damage whatsoever or howsoever caused, arising directly or indirectly in connection with the Service/s.
  4. Swifttele expressly excludes liability for itself, its directors and its employees for any direct or indirect consequential loss, damage, economic or otherwise, including loss of profits and loss of reputation even if advised of the possibility thereof including any liability for libel and/or slander arising out of a message or content received or sent by Customer via the Network.
  5. Swifttele may at its discretion, send to the Customer via Customer’s various information for the Customer using electronic media or otherwise.
  6. In the event that any exclusion contained herein shall be held to be invalid for any reason, and Swifttele becomes liable for loss or damage that it may otherwise not have been liable for, such liability shall be limited to refund of any deposits furnished by the Customer after adjusting the charges due by Customer.
    Suspension/Disconnection/Termination:
  1. Notwithstanding anything contained herein, Swifttele shall be entitled to suspend/ terminate the Service/s (whether temporarily or permanently) to recover all outstanding and dues from the Customer, without prejudice to and in addition to any right or remedy available to Swifttele under any applicable law, if: i. The License is suspended/terminated temporarily or otherwise; ii. At any time the Customer fails to satisfy the requisite credit checks or provides incorrect or misleading information; iii. Customer fails to pay charges due on or before the due date/s. iv. Customer is in breach of any other provision of these terms and conditions or is declared insolvent/ bankrupt/ liquidated/dissolved or a trustee or receiver is appointed to take over the assets of the Customer; v. The provision of Service/s (or any of them) to the Customer adversely affects the Network or equipment of Swifttele or the provision of Service/s to other customers or if any approvals/consents/ permits which are necessary for facilitating provision of the Service/s to the Customer are revoked, discontinued or suspended.
  2. Any reconnection of Service/s shall be done at the sole discretion of Swifttele and fulfillment of other conditions as specified by Swifttele.
  3. Customer shall remain liable for the Charges during the period of suspension of Services.
    Refunds and Cancellations:
  1. no Refund shall be provided encase of Cancellation of any services what so ever.
  2. any service Cancellation has to be informed to Swifttele 30days in advance through Email / call center.
  3. any charges paid for the instillation of any services are nonrefundable and all the equipments provided to the customers by Swifttele remains the sol property of Swifttelle.
    Severability & Jurisdiction:
  1. If any of these terms and conditions being held to be invalid, illegal or unenforceable such provision shall stand severed from the other provisions hereof and the same shall not in any manner affect or impair any other provisions hereof those. Any disputes, shall be subject to the exclusive jurisdiction of the court/s situated in the city/town in which main office of Swifttele’s relevant circle (i.e. circle in which the Customer is registered with Swifttele is located.
    Complaints/Disputes:
  1. In case of complaint/dispute the Customer is requested to follow the procedure as described on the website www.swifttele.in for effective and expeditious resolution.
    Abridged Manual of Practice Contact Details of Call Centers:
    For making an enquiry about any Service or for making a complaint on any grievance, Customer may contact our call centers at 18005720262 or +918689297777.
    consent for communication:
  1. by agreeing to this terms and conditions, the customer agrees to receive post, emails, SMS, Whatsapp and telephone communication from Swifttele about its products and services.