1. Span of Services
1.1 The User may obtain the Services by either BigV franchise or registering on the Big V Telecom website www.bigv.in or may directly approach Big V Telecom and avail the Services. This information consists of the terms and conditions (hereinafter the “Terms” or “Terms of Service”).
1.2 The Services are to be used only for lawful purpose pertaining the terms as stated herein below. The User shall not use the services in a way that will violate or infringe the rights of others, which would be considered illegal, intimidating, offensive, invasion of privacy.
1.3 TheBig V Telecom and its Services are governed by regulatory norms of the Telecom Regulatory Authority of India (TRAI), Department Of Telecommunication of the Government of India (DOT) and other authorities. Some Services may be stopped or withdrawn by Big V Telecom as per the law, without issuing any prior notice to the User.
1.4 The User shall be responsible to be in strict compliance with the rules and regulations of the Telecom Regulatory Authority of India (TRAI) and Department Of Telecommunication of the Government of India (DOT) which may change any time or periodically. In case of violation, services would be immediately terminated without allowing any claims or liability or compensation or any manner to the User or the third party.
2.1 Big V Telecom discourages every User against using the Services for any unlawful or prohibited purposes through these Terms or the policies. User should not use the Services in any way that may harm, disable, affect or impair the Big V Services, telephonic numbers and servers, or the network(s) connected to any Big V Telecom server. Furthermore, the User shall be accountable to ensure that the Services are not utilized in any manner as listed below:
2.1.1 Advertise or offer to sell or buy any goods or services or use the Services for tele-marketing unless such Services specifically allows such messages;
2.1.2 In connection with conducting any, chain or junk mails, spamming or any copied or unsolicited information pieces (for commercial or other use);
2.1.3 Use the Services to contact any individuals registered on the “Do Not Disturb” list under the Telecom Commercial Communication User Preference Regulations, 2010 or any amendments thereto;
2.1.4 Stalk, threaten, abuse, defame or violate the legal and privacy rights of other individuals;
2.1.5 Create, display or post or spread any defamatory, indecent, improper information, posts, photos or material;
2.1.6 Inhibit or stop other individuals or Users from accessing the Services.
2.1.7 Create and store database or information records of any type by using the Services which can be against the permission of law;
2.1.8 Make a false identity details for using the Services and misleading others.
2.2 In the event the user is deemed to have utilized the Service for any unlawful use or in a manner as provided above, then the Big V Telecom has the right to execute and realize the payments due from the Indemnity Bond and to immediately terminate use of the Services, without prior notice to the User. In the event any penalty is levied on the Big V Telecom for unlawful usage of the Services by the User or for utilizing the Services in the manner detailed in this clause 2 then, the User shall be liable to pay the penalty to the Big V Telecom along with any claims made by any third party against the Big V Telecom.
2.3 User acknowledges and agrees not to make a use of the website or application or any Services offered by the Big V Telecom in a way that would violate any local laws of India or any state or the country of your jurisdiction that regulates the Services which may consist of any commercial e-mails, FAX information or telephonic solicitations.
3.1 The Big V Telecom has the right to maintain records and data generated through the use of Services by the User, however, the Big V Telecom shall strive at all times to maintain privacy of the User’s information and the data collected during the Term from the use of Services and shall not disclose or publish such information to the third party without prior consent of the User. Further, the Big V Telecom shall offer its best efforts to maintain confidentiality with respect to such recorded calls and the data collected there from during the Term from the use of Services and shall not disclose such information to the third party without prior consent of the User.
4. Big V Fair Usage Policy
4.1 The user is expected to act responsible at all times and ensure that Users availing of Your Own Call Center services (YOCC Service) with respect to unlimited forwarding of calls shall ensure that the YOCC Services are used in a way so that there is no unreasonable and excessive levels of usage, which may amount to network congestion and causing inconvenience to the large set of customers pursuant to Big V’s Fair Usage Policy (“BVFUP”). BVFUP is applicable to all the existing tariff plans which have unlimited Leg B forwarding, unless exclusively reserved or additional plans included at the discretion of the Big V Telecom. The Fair Usage Policy (‘FUP’) consists of 1000 minutes of monthly call forwarding on each channel, as threshold for all unlimited tariff plans. Leg B includes call forwarded from Big V’s server to agents at customer’s end for a) incoming calls, and b) outgoing calls originated through our click to call service.
4.2 User acknowledges and agrees that call forwarding in excess of Fair Usage Limit (‘FUL’) shall be a violation of BVFUP and shall be considered a breach of a material term hereof. Upon such violation the Big V may suspend the User account with immediate effect. However, in such event, if the User crosses FUP and in order to safeguard from any violation of BVFUP has bought additional coins after exceeding the FUL then Big V shall not suspend their services.
5.1 Big V Telecom provides support service from Monday to Saturday (10AM to 7PM) over email on firstname.lastname@example.orgemail@example.com and phone on +91-9225214602.
6.1 The Parties recognize and acknowledge that the required details may be made available to it secret Information relating to the other Party for fulfillment and rendering Services during the Term of this Agreement. The Parties will not, during or after the Term of this Agreement and for a period of 2 (two) years after the termination of this Agreement, disclose, publish or express any secret Information to any person, firm, corporation, association or other entity for any reason or purpose whatsoever without the prior written consent of the other Party.
6.2 Secret Information does not include information that (i) has become publicly known and made generally available through no wrongful act of such Party or (ii) is known to the Parties at the time of disclosure to such Party by the other Party or (iii) has been rightfully received by either Party from a third party who is authorized to make such disclosure.
7. Miscellaneous Provisions
7.1 Force Majeure: Neither Big V nor the user would be liable to the other for delays or failures in performance of Services resulting from causes beyond the rational control of that Party, including, but not limited to, acts of God, labor disputes, communication or utility failures, material shortages, riots, disturbances, or rationing, acts of war, governmental regulations, or casualties.
7.2 Entire Terms: These terms comprise the entire Terms between the User and the Big V and pertains to the subject matter hereof and supersedes in their entirety over all other written or oral Terms between the Big V and the user.
7.3 Severability: If any provision of these terms is required to undergo any change or modification for some reason, then the remaining provisions hereof would remain unaffected and continue to be in effect.
7.4 User is regarded as an independent contractor by Big V. User shall be solely responsible for the payment of any compensation due to its employees or representatives. User shall not attempt to incur any liability on behalf of Big V and shall not hold itself out to any person as being able to do so. Nothing in these Terms of service is entitled to assume or create any partnership, association, joint venture or agency relationship between Big V and the user.
7.5 The rights and obligations of User under these terms are personal. User shall not and shall not attempt to sub-contract its obligations under these Terms of service without the prior written consent of Big V. Big V may decide, assign, sub-contract and deal with these terms in its discretion.
7.6 Solicitation. You may not use the website or application or any Services offered by the Big V in a way that violates any local laws of India or any state or the country of your legal entity regulating the Services including any e-mail, FAX or telephone interactions.
Please contact Big V Telecom at firstname.lastname@example.org for any query.