Hayai Broadband - Subscriber Terms & Conditions

[klllerwolf]

what would it take to be in priority 1 class ?like my airtel engg. who visits me (he is a nice guy actually, working for bad company) told me as I pay 3000 rs./month, I'm the platinum customer or something and I'm thr priority customer, if I call CC, thy have a deadline of 3-6 hours to solve my problem or inform me about the delay, it worked most of the time, but thr standard is falling and I'm migrating to reliance anyway

 

[aviral sangal]

Should divide complaints into groups. Like fibre cuts, high ping rates, disconnections, etc. Each group should have a time period in which the complaint has to be rectified otherwise there would be some penalty. If a particular problem is not resolved in the stipulated period of time penalty should be paid and a small internal inquiry for the reason why it skipped time limit.The inquiry will help you to know if it was some error on the part of human or maybe that job takes more time so that you can increase its time limit.Plus customers will be more satisfies and will also help you to keep a check on you QoS and the employees performance.

 

[mgcarley]

sangalviral has pretty much answered killerwolf's question. Everything else being the same, all customers should be treated equally - the priority of a fix should not based on how much you pay or how long you've been with us but rather on the severity of the situation itself. Business plans on the other hand have various SLAs involved, but that's a contractual obligation, not a basic service obligation and is not really what we're talking about here.

 

[elepton]

... just pose for your picture (which we'll take and upload on the fly at your place when the formalities are being done), sign on the virtual dotted line on the sales-person's tablet ...

The regional RTO in my place uses this for driving licenses. The photo part is fine but writing one's signature accurately in the tablet is difficult; the signature I made in the tablet is so different than the paper one that any official would never accept both the signatures as the same. The problem is that you can't see what you are writing -- you have to guess where you wrote the last letter/shape and where you should now draw in relation to that.

Maybe it takes a few tries to get a good signature in the tablet; if only the tablet showed the signature on the same screen where you were typing, it would be much easier.

Regarding paper documentation, I would at least like to have a photocopy of the application which I submit (with my sign and other details filled in), the ToS/related stuff and paper receipts of payments made directly to company people/representatives. Something on paper which can qualify as an address proof would be great too.

 

[mgcarley]

The regional RTO in my place uses this for driving licenses. The photo part is fine but writing one's signature accurately in the tablet is difficult; the signature I made in the tablet is so different than the paper one that any official would never accept both the signatures as the same. The problem is that you can't see what you are writing -- you have to guess where you wrote the last letter/shape and where you should now draw in relation to that.

Maybe it takes a few tries to get a good signature in the tablet; if only the tablet showed the signature on the same screen where you were typing, it would be much easier.

Are they big tablets or the tiny little 2 inch ones like what DHL etc have?

Regarding paper documentation, I would at least like to have a photocopy of the application which I submit (with my sign and other details filled in), the ToS/related stuff and paper receipts of payments made directly to company people/representatives. Something on paper which can qualify as an address proof would be great too.

Your account information complete with photo and signature would be available for download as a PDF which you can print out at your leisure. Just get it notarized and you should be fine. The electronic receipts I'm talking about are like the ones that come out of the POS machine when you swipe your card at a mall so would be a paper record of payments made.

 

[elepton]

Are they big tablets or the tiny little 2 inch ones like what DHL etc have?
The tablets had about 7" screens. They were definitely not below 5".

Your account information complete with photo and signature would be available for download as a PDF which you can print out at your leisure. Just get it notarized and you should be fine.
Getting something notarized isn't easy; a bill or bank statement etc works as address proof without notarization. I understand that for prepaid plans you can't provide a bill so maybe you will not be able to provide an address proof for prepaid plans after all.

The electronic receipts I'm talking about are like the ones that come out of the POS machine when you swipe your card at a mall so would be a paper record of payments made.
Which fade out in a few weeks thus requiring that I photocopy that to keep it in my records?

 

[mgcarley]

The tablets had about 7" screens. They were definitely not below 5".

Hmm. I would have anticipated it being easy enough to write on something that size.
Which fade out in a few weeks thus requiring that I photocopy that to keep it in my records?

Hopefully if there's a billing dispute or something like that, you won't wait that long! Besides, any amount that you pay would also show up on your account anyway, so if you need proof of payment it would show up there too and surely a statement could be printed if you needed to.

Also, they're heat sensitive... if you keep them in a cool-dry place they should last for a long enough time - I've got receipts that are months old sitting in my drawer waiting to be filed for an insurance claim and they're doing just fine.

 

[elepton]

Hmm. I would have anticipated it being easy enough to write on something that size.

The main problem is not being able to see what I've just written -- there's very little feedback. I never have a problem signing with pen and paper but signing on the tablet didn't work out for me. I suggest you have some trials with the tablet signature thing before deploying it in production.

Hopefully if there's a billing dispute or something like that, you won't wait that long! Besides, any amount that you pay would also show up on your account anyway, so if you need proof of payment it would show up there too and surely a statement could be printed if you needed to.

Will each and every receipt (including those with payments made in cash to a representative) be available online for printing? That would be just great.

Also, they're heat sensitive... if you keep them in a cool-dry place they should last for a long enough time - I've got receipts that are months old sitting in my drawer waiting to be filed for an insurance claim and they're doing just fine.

Thanks, I didn't know that they are very sensitive to the heat they are exposed to.

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1.6 "Information" means the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using "services".

Hayai Zone too I guess.

5. The service is provided on an "as is and available" basis for decent & lawful purposes without any warranties of any kind.

Decent purposes feels a bit ambiguous.

11.4 It is the subscriber's responsibility to enquire about subscriber's outstanding balance and in the case of non-receipt of a bill, subscriber shall contact Hayai and arrange payment by the due date to avoid interruption of services.

So I'm required to pay by some due date even if I don't receive the bill by that due date?

16. Subscriber is required to ensure that objectionable or obscene messages or communications, which are inconsistent with the established laws of the country are not generated / sent by the subscriber.

Let the law of the land deal with it; the ISP is just a messenger and thus should not be liable for whatever goes through it's networks because of direct actions of it's customers. In other words, what is the need for the above bit?

20. Subscriber shall comply with the provisions of the Cable Televisions Networks Regulation Act (1995), the Indian Wireless Telegraphy Act (1855), the Indian Wireless Telegraphy Act (1933), the Indian Copyright Act (1956) and the guidelines on Internet services and usage number 845-51/97 VAS and the rules made under these acts.

I thought the law already mandated that.

24. Hayai reserves the right to modify the terms & conditions of this contract in part or in full, fees and/or service plans, operating procedure, late charges. Hayai reserves the right to amend or discontinue the services or aspects of the services offered to the subscriber. Where possible, this shall be effected with a minimum notice period of 30 days after a consultation period of 60 days to the subscriber.

And what when the subscriber wants to modify the contract? AFAIK, Both the parties have equal rights to modifying a contract.

26. The parties to this contract may terminate this contract without cause and without prejudice to Hayai's rights as specified in this contract by serving at least 30 days written notice on the other side by informing by post, courier, electronic mail or fax. Where this contract is terminated, Hayai expects the return of any equipment provided to the subscriber to the company.

So if I want to disconnect the connection I have to give *thirty days* notice?

27. Hayai shall not be liable to the subscriber in any manner whatsoever for any delay or failure in providing the service, if the same is related or connected, directly or indirectly to any reason that is beyond the control of Hayai

As if Hayai is liable to the subscriber for any delay or failure in providing the service even if the same is in direct control of Hayai.

27. (IV) Any obligation under it shall be provided or delayed by reason of war, hostility, fire, civil commotion, public enemy, sabotage, flood, earthquake, riots, bomb-blast, explosion, strikes, epidemic, quarantine, lock out or anything that may be classed as an "Act of God".

Act of God, attack by aliens, an EMP attack by state enemies, cyber warfare, cyber attacks (including but not limited to DoS attacks, DDoS attacks and SQL injection attacks), what not.

35. The provisions of all obligations of and all restrictions on the subscriber will survive the termination of this contract.

What obligations and restrictions on the subscriber? Why would anything except dues and equipment returns survive the termination of this contract?

I/WEAGREE that we have read andconfirmed the terms and conditions of services mentioned on the orderform. I/WE have acknowledged the terms and conditions of thiscontract may be subject to change by Hayai BroadbandPrivate Limited and that I/WEwill be informed of such changes in a manner demanded by Hayai andthat I/WE may have to acknowledge any amendments to this contract inthe future in order to ensure uninterrupted service from Hayai.

It would be best if the customers were informed of such changes 30 days or at least 7 days in advance and that the same be in the contract agreed upon by both the parties.

I/WE CONFIRM that the informationgiven on the order form attached to this contract is true and correct and that we agree to abide by the terms and conditions of thiscontract.

I can only confirm if some information is true and correct *to the best of my knowledge or belief* -- I am not a super being.

 

[mgcarley]

The main problem is not being able to see what I've just written -- there's very little feedback. I never have a problem signing with pen and paper but signing on the tablet didn't work out for me. I suggest you have some trials with the tablet signature thing before deploying it in production.

Duly noted. Maybe we can have a pen & paper optional version for those that specifically request it.

Will each and every receipt (including those with payments made in cash to a representative) be available online for printing? That would be just great.

Your account would be reflected as having been topped up at a certain date/time, so it would be available perhaps in some kind of mini-statement format with the basic details including the unique transaction number or whatever... that's kind of the point of these machines

Thanks, I didn't know that they are very sensitive to the heat they are exposed to.

That's how they print.

Hayai Zone too I guess.

Indeed.

Decent purposes feels a bit ambiguous.

Decent in this context means moral.

So I'm required to pay by some due date even if I don't receive the bill by that due date?

It would only apply if you were on a post-paid data plan, in which case I think a short grace period should be allowed. Other plans are prepaid anyway, so... it would be like if you didn't top up your mobile.

Let the law of the land deal with it; the ISP is just a messenger and thus should not be liable for whatever goes through it's networks because of direct actions of it's customers. In other words, what is the need for the above bit?

Ass coverage on our part.

I thought the law already mandated that.

As above.

And what when the subscriber wants to modify the contract? AFAIK, Both the parties have equal rights to modifying a contract.

Correct. If the either party wants to modify the contract then they may do so if the modifications are legal and if both parties agree to the contract. If both parties don't agree to the contract then the contract becomes nullified and we would no longer be obligated to provide you services (and you would no longer be obligated to pay us).

Pretty much all of the T&C that are raised here are basically spelling out each party's obligations as it relates to existing and relevant Indian laws (that is, the DoT license and for example criminal law, retail services, consumer guarantees etc)... in short you have to pay for services rendered and you agree to use them in a legal way. We have to provide you the services we're supposed to provide as a broadband operator.

So if I want to disconnect the connection I have to give *thirty days* notice?

I think someone already brought that one up. I think the TRAI now mandates 7 days.

As if Hayai is liable to the subscriber for any delay or failure in providing the service even if the same is in direct control of Hayai.

What it means is, let's say Airtel's international cable gets cut, then we can't be held liable because it's not our responsibility to fix it. If one of our cables gets cut, then it *is* our responsibility to fix.

Act of God, attack by aliens, an EMP attack by state enemies, cyber warfare, cyber attacks (including but not limited to DoS attacks, DDoS attacks and SQL injection attacks), what not.

Something like that. Things we can MAYBE mitigate if we hired Jeff Goldblum as some kind of resident nerd, but otherwise can't necessarily prevent.

What obligations and restrictions on the subscriber? Why would anything except dues and equipment returns survive the termination of this contract?

If this contract were terminated then irrespective of whether it's replaced by a new contract which you may or may not accept the terms contained therein or not, that doesn't mean you could magically then hold us liable for something.

Further to that, unless a clause is specifically changed to remove a condition (such as VOIP maybe becoming less prohibited in the near future) then it means all other T&C survive the contract, including for example, if you decided to take a defamation suit (or one was filed against you) because we had, by being an ISP, made it possible for one person to defame another... I know it's unlikely, but in reality this is pretty much a standard clause in many contracts I've seen and was directly stolen from the existing ISP's contract.

It would be best if the customers were informed of such changes 30 days or at least 7 days in advance and that the same be in the contract agreed upon by both the parties.

I think 90 days - on the assumption that we also get 90 days notice of a change in law (the most likely thing to modify a contract), otherwise the maximum time that is humanly possible.

I can only confirm if some information is true and correct *to the best of my knowledge or belief* -- I am not a super being.

Basically you're confirming your name/address/phone/etc are all correct: would you knowingly sign a contract with wrong details on it?

Once I nearly got on to a plane with tickets issued to someone else. I'd even gone through passport control with that same boarding pass and nobody had noticed the completely different names. Amazing lack of security at Auckland airport. But in that case, who would have been liable? The airline for giving me an incorrect boarding pass or me for not checking it before getting on an international flight? Surprise surprise, probably would have been me - fraudulent acquisition of property, misrepresentation or any number of things.

 

[ulysses]

In which cities hayai BB services are being launched? Time frameHyderabad any time soon ?:cake: