“Authorities” shall mean the Government of India, Ministry of Communications and Information Technology, Department of Telecommunications (DoT), Telecom Regulatory Authority of India, Telecom Dispute Settlement Appellate Tribunal, the relevant State Government or other statutory and local authorities, tribunals, etc. as the case maybe. “Charges” shall include such payments which are due and payable by the Subscriber to the Company, whether billed or not, inclusive of the fees, charges, rates, taxes, levies, penalties, fines for providing the Services to the Subscriber pursuant to the Subscriber enrolling for subscription to the Services as per the rates set out in the Tariff published by the Company from time to time, including charges for services availed through the Company Network on correspondent networks. “Company” means Reliance Communications Limited (RCOM) and Reliance Communications Infrastructure Limited (RCIL), both includes its successors and assigns, as the case may be each having its registered office at ‘H’ Block, 1st floor, Dhirubhai Ambani Knowledge City, Navi Mumbai - 400 710. “Customer or Subscriber” shall mean any person who has subscribed for services under CAF and include Subscriber’s heirs, executives, administrators, successors and permitted assigns. “Due Date” shall mean the date prescribed by the Company in the bill/statement of Charges for making payment of the bill amount by the Subscriber. “License” shall mean the license granted by DoT to install, maintain and operate Services vide license agreement executed between the Company and DoT. “Network” shall mean Company's telecommunications network through which Services are made available. “Service(s)” shall mean telecommunication services which can be offered, under Licenses obtained by the Company, through its Network. “Subscriber Equipment” means any compatible telephone instrument necessary for connecting to the Network in order to avail the Services and approved for use by the Company, whether owned or not by Subscriber. It is also referred to as handset. SIM card shall mean Subscriber Identification Module card. "Reliance R SIM Card” shall mean the removable user identification module bearing unique mobile number for use with the subscriber equipment". ‘GSM’ shall mean Global System for Mobile Communications. ‘CDMA’ shall mean Code Division Multiple Access. “Tariff” shall mean the tariff scheduled including but not limited to fees, charges, rates and related conditions as notified and published by the Company from time to time for providing the Services.
Provision of Services
i) Services shall be available to the Subscriber in the Telecom Circle where he has registered for Service. Subject to regulations of Authorities, Services shall also be available in all the other Telecom Circles for which the Company has been licensed to provide Services as per conditions and tariff published from time to time. The Services shall at all times be subject to Force Majeure conditions including but not limited to act of God, fires, strikes,embargoes,war, insurrection, riots and other causes beyond the reasonable control of Company.
ii) The Company may temporarily suspend whole or part of the Services at anytime without notice, if the Network fails or requires modification or maintenance.
iii) These terms and conditions shall become effective, upon the Company, at its sole discretion, accepting after due verification, the application of the Subscriber attached herewith, and shall continue to remain in force until terminated.
iv) The Company reserves the right to reject any application, for any reason without any liability. The information provided by Subscriber/gathered by the Company shall become the Company’s property even if application is rejected.
Rights and Liabilities of the Company
i) The Company shall be responsible for providing the Services to the Subscriber subject to the terms of License and terms and conditions mentioned herein.
ii) In any event, the maximum overall liability of the Company in contract, tort or otherwise, shall be to refund the amount of security deposit, after adjusting the Charges due from the Subscriber. Without prejudice, in no event shall the Company, its officers, employees, directors, representatives and assigns be liable for any direct, indirect or consequential damages, costs, expenses or losses of whatsoever nature, including but not limited to, loss of profit or loss of business pertaining to the provision of the Services to the Subscriber.
iii) The Company shall not be liable for any act of commission or omission of any third party/supplier/manufacturer/agency/company offering any privilege or benefits to Subscriber without express permission or authority of the Company.
iv) Subscriber shall without any objection accept the telephone number allotted by the Company. The discretion with regard to the choice of number to be allotted shall solely and absolutely vest with the Company. The telephone number remains the exclusive property of the Company, the Subscriber being licensed to use it to obtain access to the Network and shall be deemed to have been returned by the Subscriber on the termination/discontinuation/surrender of the services.
v) The Company is entitled to change, vary, add, withdraw any Services and/or change, vary, add, alter, delete, withdraw any/all Charges, discounts, surcharges, Tariff, etc. at any time in its sole discretion for one, more or all of its Subscribers except in the case of discounts or other special benefits or schemes/plans announced by the Company from time to time and which are valid for specified periods. The Company will comply to all TRAI directions/ regulations.
vi) In the event of SIM card being lost or stolen, the Company will replace the SIM card as soon as it is reasonable and practicable, subject to payment of administrative and service charges.
vii) The Company shall have the right to transfer or assign and/or delegate all or part(s) of its obligations, rights and/or duties under these terms and conditions to any party. Such transfer/assignment shall release the Company from all liabilities under these term and conditions.
viii) Privacy of communication is subject to regulations of the Authorities and Government, the terms of the License Agreement of the Company and other statutory and regulatory factors. The Company may be required to disclose any information or particulars pertaining to the Subscriber to any Authority, statutory or otherwise, including but not limited to, any security agencies and reserves the right to comply with the directions of such Authorities at its discretion and without intimating the Subscriber.
ix) The Company reserves the right to seek / verify particulars provided by the Subscriber to the Company, in any manner without notice or intimation.
x) The Company's telephone connection is non-transferable unless and until the Subscriber seeks prior permission from the Company for intended transfer and complies with the formalities of the Company.
xi) The Company reserves the right to raise and/or collect bills/statement of charges, once the Subscriber has paid the amount due, it shall be deemed to have been paid to the Company. xi) The Company reserves the right to provide Services through its agents and franchisees.
xiii) The Company shall, unless the Subscriber indicates otherwise, send promotional materials to Subscriber via electronic media (which includes text messages and emails), mailers and voice.
Warranties, Rights and Liabilities of the Subscriber
i) Subscriber shall pay all Charges in full without any deduction, set off or with holding in respect of the services availed whether or not authorized by the Subscriber.
ii) Subscriber is not entitled to transfer or assign its obligations and liabilities under the terms and conditions to any other party under any circumstances, without prior permission of the Company. Any transfer affected in contravention of the express terms contained herein shall not absolve the Subscriber of its duty towards the Company for Charges levied against the Subscriber.
iii) The Subscriber shall not use the Services for any improper, immoral, unlawful, or abusive purpose or for sending obscene, indecent, threatening, harassing, unsolicited messages, nor create any damage to the Company or any other person whomsoever. Any such misuse shall under no circumstances be attributed to the Company and the Subscriber shall be solely responsible for such acts. The Subscriber shall indemnify and hold harmless the Company and its agents and franchisees from all suits, costs, damages or claims of any kind arising out of any act or omission or misuse of the Services by the Subscriber or any other person with or without the consent of the Subscriber.
iv) Subscriber shall deposit with the company as refundable or non-refundable, as applicable, deposits such amount(s) as the Company may determine from time to time. The Company reserves the right to forfeit/adjust/apply refundable deposit amount in full or part for the satisfaction of any sums due, if any, from the Subscriber to the Company at any time. Subscriber shall continue to be liable for balance, if any. No interest will be paid on any deposit.
v) All taxes present and future and any other additional tax/cess/duty levied by Authorities etc. shall be to the account of Subscriber. vi) Subscriber shall remain liable for all applicable Charges during temporary suspension/discontinuation of Services. Reconnection of the Services shall be at a cost, as decided by the Company from time to time.
vii) Subscriber shall pay all the costs of collection of dues, legal expenses etc. with interest should it become necessary to refer the matter to a collection agency or to legal recourse to enforce payment.
viii) In the event of there being any deficiency in the Services, the Subscriber shall within a period of seven (7) days of the occurrence of the deficiency intimate the Company and there upon the Company shall endeavor to rectify the same in a reasonable period.
ix) Subscriber selects the Company as its National Long Distance/International Long Distance service provider unless specified otherwise. In case the Subscriber chooses another carrier for its National Long Distance/International Long Distance services, the Company shall be entitled to levy additional charges on the Subscriber, depending on the applicable regulations and the Company’s policy.
x) The tariff/charges for voice as well as other services are based on prevailing regulation, interconnect regime and interconnect arrangements entered into with other telecom service providers at the time of presentation of this form. In case of any change in these arrangements, additional applicable charges shall be payable by the subscriber.
xi) In case of a lost/ misplaced/stolen of Reliance R SIM Card, the entire liability of the lost/misplaced/stolen Reliance R SIM Card will be borne by subscriber.
xii) It shall be the sole responsibility of the subscriber to ensure that the mobile handset is compatible to the frequency allocated to Reliance Communication Ltd and other respective roaming service providers, for providing the service in the service area. It is advice that the subscriber should have a tri band handset.
xiii) In case the Reliance R SIM Card is lost, misplaced or stolen, the Subscriber shall inform the Company immediately. The Company takes no responsibility for the misuse of the lost, misplaced or stolen Subscriber Reliance R SIM Card or any damage to the same. A fresh Reliance R SIM Card will be activated after receiving application from the Subscriber along with a copy of the FIR lodged for the lost, misplaced or stolen Reliance R SIM Card /Handset. xiv) In the event of Reliance R SIM Card being lost or stolen, RCOM will replace the Reliance R SIM Card as soon as it is reasonable and practicable, subject to payment of administrative and service charges.
i) The Company shall send the bill/statement of Charges to the subscriber at the address provided by the subscriber. In case of non receipt of the bill/statement the subscriber shall make reasonable endeavour to inquire about the bill. Subscriber may opt to receive the bill either through the electronic media (including emails) or through its electronics messaging service in lieu of physical bill/statement.
ii) Subscriber shall pay the bill on or before due date. It is the responsibility of the Subscriber to inquire about the amount payable and settle the same in case of non-receipt of bill/statement of charges.
iii) In case any Charges are disputed, Subscriber shall intimate the Company within two (2) days of receipt of bill/statement of Charges. In case of non-receipt of such information, the Charges will be presumed to have been accepted. Subscriber shall pay full amount of disputed Charges, pending settlement of dispute.
iv) The Company’s acceptance of payment from a person other than the Subscriber shall not amount to the Company having transferred or modified any of the rights or obligations of the Subscriber to any third party.
Suspension/Termination/Discontinuation of Services
i) Service quality, functionality, availability and/or reliability may be affected and/or the Company is entitled to, without any liability, refuse, limit, suspend, vary, disconnect and or interrupt the Services, in whole or in part, at any time in its sole discretion with respect to one/all Subscribers, without any notice for any reason and/or due to various factors including but not limited to.
a) Changes in the law, rules, regulations or orders, directions, notifications etc by the Authorities.
b) Transmission limitation caused by physical obstruction, geographic, topographic, hydrological, meteorological and other causes of radio interference or faults in other telecommunication networks to which the Network is connected.
c) Force majeure circumstances.
d) Any discrepancies/wrong particular(s) provided by subscriber. e) Delayed/non payment of bills/statement of Charges.
f) Default in the payment of amount due to any financier who has tied up with the Company to provide finance to its Subscribers.
ii) In case of misuse of Services or breach of any terms and conditions by the Subscriber or use of services by the Subscriber in such a manner that it violates any laws or adversely affects or interferes with the Company’s Services, Company shall give notice of five (5) days to the Subscriber to remedy the breach. In case the Subscriber fails to remedy the breach within the notice period, the Company is entitled to discontinue the Services without any further notice.
iii) In other cases, the Company at its sole discretion may suspend/discontinue the Services by giving reasonable notice to Subscriber in such form as maybe decided by the Company.
iv) In case the Subscriber opts for discontinuation of Services, the Company shall refund directly to the Subscriber the refundable amounts, after adjustments of dues, if any.
v) If the Subscriber avails loan for financing the Services through any financier which has tied up with the Company or Company’s agent and either defaults in repayment of such loan, or discontinues the services, then upon receipt of intimation from such financier, the Company shall refund the balance amount out of advance paid by Subscriber, directly to such financier, after adjustment of all its dues and such payment to financier shall give valid discharge to the Company. However such payment by the Company to the financier shall be without prejudice to rights of the Company to claim/recover any amount due to it from the Subscriber in connection with the Services.
Obligations of the Subscriber undertakes that
i) He will be bound by the terms and conditions as mentioned herein for services provided by RCOM related to voice and RCIL related to data and content and/or any other company which can be availed through the Subscriber’s Equipments and the reference in this document to company was a reference to RCIL or such other Company as the case may be”.
ii) He will be bound by these terms and conditions in additional to the special terms and conditions as mentioned herein for the Subscriber Equipment / SIM card supplied by Reliance Communications Infrastructure Limited and/or any other company.
a) Subscriber shall be permitted to avail the services only by means of handset approved for use by the Company or TEC or any other Internationally accredited agencies recognized by Department of Telecom for the purpose of getting connected to the Network.
b) In case the SIM card is lost, misplaced or stolen, the Subscriber shall inform the Company immediately. The Company takes no responsibility for the misuse of the lost, misplaced or stolen Subscriber SIM card or any damage to the same. A fresh SIM card will be activated after receiving application from the Subscriber along with a copy of the FIR lodged for the lost, misplaced or stolen SIM card/Handset.
iii) The warranties on the Subscriber Equipment shall be restricted to those given by the manufacturer. The Company and its affiliates disclaim any and all warranties or guarantees under law and contract in respect to the Subscriber Equipment and the Subscriber hereby agrees not to hold the Company or any affiliate liable for any defect or deficiency in the Subscriber Equipment. Subscriber shall be solely responsible for repairs and maintenance (including procurement of spares, labor and or replacement) of the Subscriber Equipment and all costs and charges in connection with the same. Subscriber shall deal directly with the manufacturer’s designated service centers and the Company or its affiliates shall not be obliged to provide any services or support in this connection. The safekeeping and protection of the Subscriber Equipment provided to the Subscriber shall be the sole responsibility of the Subscriber.
Any notification required to be given shall be given in writing by fax, email or registered mail to the recipient at his/her or its address specified in these terms and conditions/CAF unless such recipient has previously notified the other party in writing of a change of that address. Any notification required to be given by the Company can also be given by electronic message to the subscriber’s handset.
i) The validity, construction and performances of terms and conditions herein shall be governed by and interpreted in accordance with the laws of India and the Company and Subscriber will submit to the exclusive jurisdiction of the Mumbai courts only.
ii) Should any provision of herein be or become ineffective or beheld to be invalid, this shall not affect the validity of the remaining provisions hereof.
iii) Unless otherwise expressly stated, the terms defined in these terms and conditions, include the plural as well as the singular, masculine as well as feminine and natural person is deemed to include any company, partnership, joint venture, association, corporation or any other body or government agency.
iv) In case two or more persons constitute the Subscriber, their liability shall be joint and several.
v) These terms and conditions read with the CAF and the special Tariff terms and conditions if any, is the complete understanding between the Company and Subscriber hereto and it supersedes all prior understanding whether oral or written and all representations or other communications between the Company and the Subscriber hereto. In case of any discrepancies between these terms and Conditions and Tariff, the latter shall prevail.
vi) These terms and conditions is subject to the Indian Telegraph Act of 1885, the rules and regulations framed there under and any statutory modifications or re-enactment for the time being in force and also subject to the statutes, rules and regulations and guidelines as may be in force from time to time.
vii) Unless otherwise specifically provided in writing by the Company, no delay or failure to provide Services or to exercise any of its rights shall impair such right or shall be construed to be a waiver by the Company.
Do not call facility
i) The definition of Unsolicited Commercial call has been defined by TRAI under the relevant Regulation on unsolicited Commercial call.
ii) This facility will be activated within 45 days from the date of receipt of the request.
1. In case the telephone is being used for telemarketing purpose, the subscriber should get registered as a tele marketer. The registration form and detailed guidelines are available at our website www.rcom.co.in. The subscriber is not authorized to make tele marketing calls without registration as a tele marketer. In case it is found so, the telecom facility will be with drawn.The services of a subscriber registered as telemarketer can be terminated in case he makes Unsolicited Commercial Call to customers registered in National Do not Call Registry( NDNC).
Self-attested documents reqd. to furnish proof of identity/address:
i) Passport/Arms license /Driving license
ii) Photo identity card with address
iii) Election commission ID card
iv) Ration card with photo & address v) Income Tax Assessment order
vi) Vehicle Registration Certificate
vii) Registered Sale/Lease agreement
viii) Water bill/Fixed Line Telephone bill/Electricity bill (not beyond last 3 months)
ix) Income Tax PAN Card x) Photo Credit Card along with statement
xi) CGHS/ECHS Card xii) Certificate of address having Photo issued by MP/MLA/Group-A Gazetted officer in letter head
xiii) Certificate of address with photo from Govt. recognized educational institutions (for students only)
xiv) Certificate of photo identity, issued by village Panchayat head or its equivalent authority (for rural areas)
xv) Address card with photo issued by Deptt. Of Posts, Govt. of India
xvi) Smart card issued by CSD, Defence/Paramilitary
xvii)Current passbook of Post office/any scheduled bank, having Photo
xviii) Photo Identity Card (of Central Govt./PSU or State Govt./PSU only)
xix) Photo Identity card issued by Govt. recognized education institution (for students only)
xx) Cast and Domicile Certificate with photo issued by State Govt. like Assam and other states
xxi) Pensioner Card having photo & address
xxii) Freedom Fighter Card having photo & address xxiii) Kisan Passbook having photo & address