(A) CUSTOMER (as named in the front of this Agreement and hereinafter "Customer")'S OBLIGATIONS :
Understands that the Internet Telephony is governed by ISP (including Internet Telephony) and other applicable licenses and laws of the Indian Government (Department of Telecommunications).   Customer shall therefore ensure compliance to such license conditions and laws and also ensure that Internet Telephony service (hereinafter "Service") provided by SwiftMail Communications Limited (herein after "SCL") is not connected with PSTN (Public Switch Telephony Network).  Any infringement would result in termination of Service without any notice.  This will be in addition to any action taken by the Government, or under the Law.

• Understands further that under no circumstances shall SCL, its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from Customer's use of or inability to use Service or any part thereof, or Customers reliance on or use of information, services or merchandise provided on or through Service, or that results from mistakes, omission, interruption, errors, defects, delays in operations, or transmission, or any failure of performance including inability to call emergency services.
  
  
• Understands also that Service is prepaid. Customer will pay to SCL for taking Service from them at the prescribed rate under different Plans, as described on the website. Rates may be revised from time to time. Customer will be informed in writing, through any means of communication possible, in case the rates are revised. For making International calls other than country, customer has subscribed for, Customer needs to deposit a sum and it is his responsibility to ensure that there is adequate balance in his account for making calls. Details pertaining to his account can be ascertained by him from the web. Service will stop if the balance is reduced to a predetermined level.  Payments will be made in advance, without waiting for the invoice.
  
  
• Date of creation of Account is deemed to be the date of this Agreement.
  
  
• Understands that it is his responsibility to get bandwidth connection from the nearest available source. The bandwidth should be sufficient (minimum 32-36 Kbps pure & symmetric) with low latency (less than 350ms to USA) to provide requisite quality call.  The Customer Premises Equipment (herein after "CPE) needs real / private dynamic IP to work, which has to be provided by the customer.
  
  
• Understands that the "Customer Premises Equipment (CPE)" provided by SCL to him will be owned by SCL against a refundable non-interest bearing security deposit money paid by customer to SCL.  This deposit will be refunded to Customer by SCL in case of termination of this Agreement, for whatsoever reason, after adjusting the cost of CPE, as determined by SCL, in case the CPE is not returned to SCL in good and working condition.
  
  
• Understands that he will make payment, for Service, in favour of SwiftMail Communications Limited, payable at Chennai. If payment is made in Cash, Customer must insist to have a proper/valid receipt against cash payment and submit the same with SCL as and when requested by SCL.
  
  

(B) EXIT CLAUSE :
This Agreement is valid unless terminated by SCL or Customer as per this clause and "Disconnection Terms" mentioned elsewhere in this Agreement.  SCL or Customer can terminate this Agreement by giving 1 (one) month notice.  Customer is liable to pay service fee for 1 (one) month, if he desires to terminate or terminates this Agreement without giving 1 (one) month notice.

(C)  DISCONNECTION TERMS :

• SCL retains the right to terminate this Agreement immediately in case of Customer's default under clause 3 of 'Customer's Obligations'.
  
  
• Termination by SCL can also be affected under clause 1 of 'Customer's obligation'.
  
  
• Any loss of business suffered by the Customer due to disconnection affected under clause a & B in "Disconnection Terms" will be his own responsibility and so borne by him.   Disconnection of Service under Disconnection Term A & B will not require any notice.
  
  

(D) APPLICABLE LAWS :
The laws of India shall govern this Agreement.  The parties shall submit to the exclusive jurisdiction of Courts in Delhi.  The Customer shall abide by all the applicable laws, rules and / or regulations and shall keep SCL indemnified against any damage, loss and claims arising out of its negligent acts or omissions.  The Customer must indemnify SCL against any claims or Legal Proceedings arising from provision of Service, which are brought against SCL by any one using Service under or through Customer because:

• Service is used in breach of terms /conditions in this Agreement.
  
  
• Service is faulty and cannot be used by a 3rd Party.
  
  

(E) FORCE MAJEURE :
SCL shall not be responsible or liable for any failure on its part to fulfill its obligations contained herein if such failure is on account of a force Majeure event.  Force Majeure shall mean such unforeseeable occurrences beyond the reasonable control of a party such as:

• Acts of God, natural catastrophes, frequency interference from external source, epidemics, earthquakes;
  
• Strikes and blockades; either by SCL personnel or other affecting Service.
• War or war-like conditions, mobilization, revolutions or riots, acts of public enemy, sabotage, terrorism;
• Restriction by or actions, omissions or interventions of Indian public authorities (including but not limited to changes in laws, regulations or import / export, security restrictions).
• Disconnection or deterioration of service by SCL's vendor.
• The party who wishes to plead Force Majeure shall inform the other party on the effect of Force Majeure has on the fulfillment of this Agreement.