Hayai Broadband - Subscriber Terms & Conditions
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mgcarley
Founder, Hayai Broadband
In which cities hayai BB services are being launched? Time frame
Hyderabad any time soon ?:cake:
Both questions are answered in the FAQ (both on page 1 which is kept relatively up to date, as well as one of the latest pages) and also in the 'launch in india' thread.
Hyderabad any time soon ?:cake:
Both questions are answered in the FAQ (both on page 1 which is kept relatively up to date, as well as one of the latest pages) and also in the 'launch in india' thread.
Duly noted. Maybe we can have a pen & paper optional version for those that specifically request it.
Ok, 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
Out of curiosity, is the transfer of transaction details from the PoS machine done instantly via GPRS/EDGE/3G or is it done at the end of the day?
Decent in this context means moral.
Which is again ambiguous.
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.
I checked with someone and he said that if it's a service where you know you pay the bill every month and you don't receive the bill for a month, you should inquire about it and then pay the amount due before the due date even if you have not received the bill. It seemed a bit weird to me -- what if I want to dispute a charge or want more information on a charge before paying the bill etc? (This is more of a question of law than anything else
)
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).
My point was that the contract explicitly says that Hayai reserves the right to modify the contract in part or full but doesn't say the same for the customer, as if trying to imply that the customer doesn't reserve the right to modify the contract.
I think someone already brought that one up. I think the TRAI now mandates 7 days.
Consider this situation: let's say I will be moving out to another city on 20th September and I want to be able to use the existing connection until the day I move out; with the current situation if I apply for disconnection on 12th September, then I might find out that Hayai has acted quickly and my connection is disconnected by 15th September. I will stuck without a broadband connection for 5 days. What should one do in such a situation?
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.
You replied about liability but the question was about obligations and restrictions. I don't understand what obligations I would still have after termination of the contract; do you mean an obligation to not hold Hayai liable for something? I will try to also ask a lawyer about this.
Basically you're confirming your name/address/phone/etc are all correct: would you knowingly sign a contract with wrong details on it?
If the contract didn't specify that the information had to be true and correct I might, depending on various factors which I haven't thought about.
In the few legal documents I have read, it is specified that the information is true and correct to the best of my knowledge and belief; I found it unusual that the phrase 'to the best of my knowledge and belief' had been left out. Maybe that phrase is only used in a few particular types of legal documents.
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.
I guess when you receive the boarding pass and move away from the counter, it is assumed that you have accepted the boarding pass as correct and the airline is no longer liable for any misrepresentations on the boarding pass. This is just my guess; a lawyer might be able to answer this properly.
Thanks for all the answers; I'm sorry if I get a bit too inquisitive sometimes.
Ok, 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
Out of curiosity, is the transfer of transaction details from the PoS machine done instantly via GPRS/EDGE/3G or is it done at the end of the day?
Decent in this context means moral.
Which is again ambiguous.
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.
I checked with someone and he said that if it's a service where you know you pay the bill every month and you don't receive the bill for a month, you should inquire about it and then pay the amount due before the due date even if you have not received the bill. It seemed a bit weird to me -- what if I want to dispute a charge or want more information on a charge before paying the bill etc? (This is more of a question of law than anything else
)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).
My point was that the contract explicitly says that Hayai reserves the right to modify the contract in part or full but doesn't say the same for the customer, as if trying to imply that the customer doesn't reserve the right to modify the contract.
I think someone already brought that one up. I think the TRAI now mandates 7 days.
Consider this situation: let's say I will be moving out to another city on 20th September and I want to be able to use the existing connection until the day I move out; with the current situation if I apply for disconnection on 12th September, then I might find out that Hayai has acted quickly and my connection is disconnected by 15th September. I will stuck without a broadband connection for 5 days.
What should one do in such a situation?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.
You replied about liability but the question was about obligations and restrictions. I don't understand what obligations I would still have after termination of the contract; do you mean an obligation to not hold Hayai liable for something? I will try to also ask a lawyer about this.
Basically you're confirming your name/address/phone/etc are all correct: would you knowingly sign a contract with wrong details on it?
If the contract didn't specify that the information had to be true and correct I might, depending on various factors which I haven't thought about.
In the few legal documents I have read, it is specified that the information is true and correct to the best of my knowledge and belief; I found it unusual that the phrase 'to the best of my knowledge and belief' had been left out. Maybe that phrase is only used in a few particular types of legal documents.
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.
I guess when you receive the boarding pass and move away from the counter, it is assumed that you have accepted the boarding pass as correct and the airline is no longer liable for any misrepresentations on the boarding pass. This is just my guess; a lawyer might be able to answer this properly.
Thanks for all the answers; I'm sorry if I get a bit too inquisitive sometimes.
klllerwolf
Regular
whts with lol
mgcarley
Founder, Hayai Broadband
Out of curiosity, is the transfer of transaction details from the PoS machine done instantly via GPRS/EDGE/3G or is it done at the end of the day?
Instant.
Which is again ambiguous.
Ask your government what they think moral is and that will be your answer.
I checked with someone and he said that if it's a service where you know you pay the bill every month and you don't receive the bill for a month, you should inquire about it and then pay the amount due before the due date even if you have not received the bill. It seemed a bit weird to me -- what if I want to dispute a charge or want more information on a charge before paying the bill etc? (This is more of a question of law than anything else )
If you're on prepaid and you found that your net stopped working prematurely or whatever, surely you'd file a support ticket either online (hayai.in etc would still work) or over the phone.
If you're on postpaid and your bill is too high, then... that would be our fault, considering you're supposed to set a billing limit in your account manager and we should not let the bill exceed said limit. If on the other hand the more likely scenario transpires that you've been billed for more usage than you've actually used (and I say that as a generalization based on user experiences with telecoms all over the world, not that we would intentionally overcharge people or anything like that), then all you'd need to do is show us your own independent usage meter (if you have one) or you can ask us to check the billed amount against your modem's usage logs.
I'd say that if your account was in dispute, then probably pay at least the basic fee (infrastructure fee) and then once the rest is resolved pay for the usage as appropriate.
If, on the other hand, there is a change in plan (eg we change the FUP or the speed or the price) then we're required to give you 30 days notice. We are, however, going with the approach that when a plan changes it changes for everyone. So if you're on 20mbit/s flat-rate and paying Rs1,999 and we change the price to 1,899, then we give you 30 days notice, after which that new price would take effect automatically. Similarly if the price increased and so forth. This would give you time to either change plans or change ISPs.
It is my hope, however, that 1. prices should only tumble and 2. FUPs etc should only become more and more relaxed - I doubt anyone would ever dispute their plans then
My point was that the contract explicitly says that Hayai reserves the right to modify the contract in part or full but doesn't say the same for the customer, as if trying to imply that the customer doesn't reserve the right to modify the contract.
Not exactly. As a company we're required to tell you these things up front. We use the same contract for all subscribers. If you on the other hand wish to modify your contract, you need to contact us, because your contract with us is not a tri-party agreement between you, us and all the other subscribers, it's just you and us.
Consider this situation: let's say I will be moving out to another city on 20th September and I want to be able to use the existing connection until the day I move out; with the current situation if I apply for disconnection on 12th September, then I might find out that Hayai has acted quickly and my connection is disconnected by 15th September. I will stuck without a broadband connection for 5 days. What should one do in such a situation?
Tell us instead what date you want us to disconnect it so that it can be effected at that time only.
You replied about liability but the question was about obligations and restrictions. I don't understand what obligations I would still have after termination of the contract; do you mean an obligation to not hold Hayai liable for something? I will try to also ask a lawyer about this.
Again, it's one of those legal gotchas that seems to be in most contracts - survivability most often applies when there has had to be arbitration between the two parties, but one would hope that situation should be very rare indeed.
If the contract didn't specify that the information had to be true and correct I might, depending on various factors which I haven't thought about.
In the few legal documents I have read, it is specified that the information is true and correct to the best of my knowledge and belief; I found it unusual that the phrase 'to the best of my knowledge and belief' had been left out. Maybe that phrase is only used in a few particular types of legal documents.
Again, much of this was a copy & paste job, save for a few small error corrections and a few clauses added/amended. Once our lawyers have fully read & checked it then I'm sure they will tell me whether I should put in any clarifications, such as "to the best of my knowledge and belief", but actually it seems basically redundant.
I guess when you receive the boarding pass and move away from the counter, it is assumed that you have accepted the boarding pass as correct and the airline is no longer liable for any misrepresentations on the boarding pass. This is just my guess; a lawyer might be able to answer this properly.
Exactly, so the fault would have laid with me for not checking. Same would go for you if you accidentally (or purposefully) signed a contract belonging to someone else.
Surely you've heard about those situations whereby housewives get the police knocking on their door because some mobile subscriber has been abusing/threatening someone else and it turns out that someone at a mobile shop forged some documents to frame the housewife who was just some other innocent party who had recently subscribed to the same service... that kind of stuff happens here.
Instant.
Which is again ambiguous.
Ask your government what they think moral is and that will be your answer.
I checked with someone and he said that if it's a service where you know you pay the bill every month and you don't receive the bill for a month, you should inquire about it and then pay the amount due before the due date even if you have not received the bill. It seemed a bit weird to me -- what if I want to dispute a charge or want more information on a charge before paying the bill etc? (This is more of a question of law than anything else
)If you're on prepaid and you found that your net stopped working prematurely or whatever, surely you'd file a support ticket either online (hayai.in etc would still work) or over the phone.
If you're on postpaid and your bill is too high, then... that would be our fault, considering you're supposed to set a billing limit in your account manager and we should not let the bill exceed said limit. If on the other hand the more likely scenario transpires that you've been billed for more usage than you've actually used (and I say that as a generalization based on user experiences with telecoms all over the world, not that we would intentionally overcharge people or anything like that), then all you'd need to do is show us your own independent usage meter (if you have one) or you can ask us to check the billed amount against your modem's usage logs.
I'd say that if your account was in dispute, then probably pay at least the basic fee (infrastructure fee) and then once the rest is resolved pay for the usage as appropriate.
If, on the other hand, there is a change in plan (eg we change the FUP or the speed or the price) then we're required to give you 30 days notice. We are, however, going with the approach that when a plan changes it changes for everyone. So if you're on 20mbit/s flat-rate and paying Rs1,999 and we change the price to 1,899, then we give you 30 days notice, after which that new price would take effect automatically. Similarly if the price increased and so forth. This would give you time to either change plans or change ISPs.
It is my hope, however, that 1. prices should only tumble and 2. FUPs etc should only become more and more relaxed - I doubt anyone would ever dispute their plans then
My point was that the contract explicitly says that Hayai reserves the right to modify the contract in part or full but doesn't say the same for the customer, as if trying to imply that the customer doesn't reserve the right to modify the contract.
Not exactly. As a company we're required to tell you these things up front. We use the same contract for all subscribers. If you on the other hand wish to modify your contract, you need to contact us, because your contract with us is not a tri-party agreement between you, us and all the other subscribers, it's just you and us.
Consider this situation: let's say I will be moving out to another city on 20th September and I want to be able to use the existing connection until the day I move out; with the current situation if I apply for disconnection on 12th September, then I might find out that Hayai has acted quickly and my connection is disconnected by 15th September. I will stuck without a broadband connection for 5 days.
What should one do in such a situation?Tell us instead what date you want us to disconnect it so that it can be effected at that time only.
You replied about liability but the question was about obligations and restrictions. I don't understand what obligations I would still have after termination of the contract; do you mean an obligation to not hold Hayai liable for something? I will try to also ask a lawyer about this.
Again, it's one of those legal gotchas that seems to be in most contracts - survivability most often applies when there has had to be arbitration between the two parties, but one would hope that situation should be very rare indeed.
If the contract didn't specify that the information had to be true and correct I might, depending on various factors which I haven't thought about.
In the few legal documents I have read, it is specified that the information is true and correct to the best of my knowledge and belief; I found it unusual that the phrase 'to the best of my knowledge and belief' had been left out. Maybe that phrase is only used in a few particular types of legal documents.
Again, much of this was a copy & paste job, save for a few small error corrections and a few clauses added/amended. Once our lawyers have fully read & checked it then I'm sure they will tell me whether I should put in any clarifications, such as "to the best of my knowledge and belief", but actually it seems basically redundant.
I guess when you receive the boarding pass and move away from the counter, it is assumed that you have accepted the boarding pass as correct and the airline is no longer liable for any misrepresentations on the boarding pass. This is just my guess; a lawyer might be able to answer this properly.
Exactly, so the fault would have laid with me for not checking. Same would go for you if you accidentally (or purposefully) signed a contract belonging to someone else.
Surely you've heard about those situations whereby housewives get the police knocking on their door because some mobile subscriber has been abusing/threatening someone else and it turns out that someone at a mobile shop forged some documents to frame the housewife who was just some other innocent party who had recently subscribed to the same service... that kind of stuff happens here.
volcano619
Prononimous
Seriously do anyone read T&C ?? we accept it dude whtever it says.. just bring hayai to delhi
Yeah just bring it....And
FYI : By Delhi,he means DELHI and Nagpur and other co. cities.....!!
Ow..ow..another thing just entered my mind....
Do we get the IBF discount.....?? You mentioned it i guess.....
Yeah just bring it....And
FYI : By Delhi,he means DELHI and Nagpur and other co. cities.....!!
Ow..ow..another thing just entered my mind....
Do we get the IBF discount.....?? You mentioned it i guess.....
mgcarley
Founder, Hayai Broadband
Yeah just bring it....And
FYI : By Delhi,he means DELHI and Nagpur and other co. cities.....!!
Ow..ow..another thing just entered my mind....
Do we get the IBF discount.....?? You mentioned it i guess.....
Regular contributors to Hayai threads at managements discretion etc.
FYI : By Delhi,he means DELHI and Nagpur and other co. cities.....!!
Ow..ow..another thing just entered my mind....
Do we get the IBF discount.....?? You mentioned it i guess.....
Regular contributors to Hayai threads at managements discretion etc.
volcano619
Prononimous
Regular contributors to Hayai threads at managements discretion etc.
am i eligible for the discount....??...you know when you cover up my cities...??
am i eligible for the discount....??...you know when you cover up my cities...??
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