RAILTEL CORPORATION OF INDIA LIMITED

Registered Office : 10th Floor, Bank of Baroda Building,

16, Sansad Marg, New Delhi – 110 001.
www.railtelindia.com

CUSTOMER APPLICATION FORM – CORPORATE CUSTOMERS

Customer Application No : …………………………… Date :

CUSTOMER INFORMATION ADDITIONAL INFORMATION

Company Circuit Termination Address (if any)

Billing Address:
City Phone
Pin Fax
Name of the Contact Person for billing:-
City Phone Mr/Mrs. ________________ Designation ____________
Pin Fax
E-Mail id : _____________________________________
Name of User
PAYMENT DETAILS
Installation Address
Payment Mode: DD Bankers Cheque

Amount in Rs. __________________________________

City Phone
______________________________________________
Pin Fax
Issued on Bank _________________________________
Landmark 1. ____________________________________
2. ____________________________________ Branch: _______________________________________
SERVICE & PACKAGE DETAILS
Plan Opted for DD/Cheque Number: ______________ Date _________

Type of Service Lease Line E1 DS3 SERVICE AGREEMENT

Internet Bandwidth I declare that the information provided above is wholly

true in every respect and I have read the Terms &
VPN MPLS Conditions overleaf this agreement form as well as the
Tariff plan and agree to abide by them.
Tower Space Accommodation
Co-Location

Name __________________________ Date _______

Bandwidth (Circuit Size)

Seal / Signatory of the Authorized Person

 Terms & Conditions
These terms and conditions form an integral part of the accompanying Customer Application Form [“CAF”] and govern the provision by RailTel Corporation of India Limited [“RailTel”] to the Customer of certain services as described in the said CAF.
These terms and conditions shall become effective and operational upon RailTel, at its sole discretion, accepting after due verification, the accompanying CAF and shall continue to remain in force until the Service are permanently terminated and both the
parties have unconditionally and irrevocably discharged their respective obligations hereunder in entirely.
1. Definitions:
a. ‘Charges’ shall mean the charges provided for in Section 4 hereof payable by the Customer.
b. ‘Customer’ shall mean the party who has applied for RailTel’s services vide the accompanying Customer Application Form [CAF].
c. ‘Equipment’ shall mean any equipment duly typed approved by DoT / TEC / RailTel for connection to the Network.
d. ‘License’ shall mean the license granted by Department of Telecommunications [DoT], Government of India [GoI] to operate Internet Distribution service as amended and/or restated and/or replaced from time to time.
e. ‘Network’ shall mean the RailTel Network through which the Service are or would be made available and shall be deemed to include Routers, SDH Elements, Base Stations, Servers, Switches, Microwave Links and all other equipment as
necessary to carry out the internet distribution business.
f. ‘Service Area’ shall mean the geographical area within which RailTel is licensed to operate and offer the Service, by the Department of Telecommunications, being across the country, (Marked as Class ‘A’ ISP Business).
g. ‘Point of Presence’ [PoP] shall mean the nearest available / feasible network termination of RailTel network.
h. ‘Port of Termination’ [PoT] shall mean the port on the Network equipment located at RailTel PoP or the port extended by a LM where Customer Termination Equipment [CTE] shall be connected either for carrying customer provided Last
mile or Contracted Last Mile.
i. ‘Last Mile’ [LM] shall mean the elements involved in extending the PoT at the RailTel PoP to the customer premise by use of Radio Frequency, Fiber or Copper Cable.
j. ‘Contracted Last Mile’ [CLM] shall mean provision of LM from a third party LM Service Provider.
k. Unless otherwise expressly stated, the terms defined in these terms and conditions include the plural as well as singular, masculine as well as feminine and words/terms denoting or referred to a natural person are deemed to extend to
and cover any company, partnership, joint venture, association, corporation, or any other body or government agency/department/undertaking or other legal entity. In case two or more persons constitute the subscriber, their liability shall be
joint and several.
l. These terms and conditions are subject to the Indian Telegraph Regulatory Authority Act to 1885, the Telecom Regulatory Authority of India Act, 1997, the rules and regulations framed there under and other statutes, regulations and rules
as prevailing and applicable from time to time.
2. Service:
a. RailTel agrees to make available the Service to the Customer, who is located within the geographical area covered by RailTel’s Network subject to the terms and conditions contained in these terms and conditions. RailTel shall not be
liable to pay any compensation to any person for any delay in providing the Service.
b. RailTel shall provide the Customer with a PoT subject to feasibility at the nearest PoP as per customer choice or the nearest PoP as available wherever necessary for Terminating the Service at the discretion of RailTel. Customer shall
not hold RailTel responsible for any costs or consequences arising out of such choice of PoP. The customer should provide the necessary Customer Terminating Equipment [CTE] and the necessary power supply for the functioning of the
CTE connected to such PoT. All CTE connecting to the port should be either currently in use with RailTel at any other Railtel PoP or should be approved by Railtel for use with the PoT equipment at the PoP. The safekeeping and
physical protection of such CTE placed in the RailTel premises or possession shall be the responsibility of RailTel. However RailTel shall not be responsible for faults arising in the equipment or network problems arising out of use of
such equipments. Customer may not change, remove or replace such equipment connected to PoT at the PoP without necessary permissions from RailTel IB NOC or NMS. All fixtures necessary for holding the CTE in place along with
proper cabling of the CTE shall be provided by the customer and all wiring shall be done as per Structured Cabling Standards and approval obtained from IB NOC at time of provisioning of Service. In such cases where RailTel
provisions the LM or has contracted the LM to any third party LM provider and the LM equipment is put in the customer premise, the customer irrevocably assumes full responsibility of powering such equipment with a clean power supply
and also providing protection for the equipment along with obtaining necessary permissions from applicable authorities for provision of such LM service and placing of LM equipment at the customer premise. In such cases where CTE is
provided by RailTel the CTE provided to the customer belongs to and is the property of RailTel. Customer shall be solely liable to any and all persons/parties for use CTE provided by customer. No action shall lie against RailTel for
allowing use of such CTE. The customer shall be solely responsible to protect the CTE or LM Equipments provided by RailTel for any misuse, theft or any other damages, and in the event of any theft loss or to the extent or damage
thereof. RailTel in this regard reserves the right to appropriate the whole/part of the deposit provided by the customer for availing the service to cover of damage/loss to the CTE or LM equipments or to take legal action against the
customer to recover the loss. The quantum of loss as determined by RailTel shall be final and binding on the customer and the customer hereby agrees to the same. On a service complaint, if the fault is proven to have arisen from
equipment owned or installed by the customer independently of RailTel, RailTel has right to charge the customer for the costs and expenses incurred in identifying the fault.
c. Non payment or non availability of deposits or other credits will enable RailTel to discontinue service and take back the equipment kept on bailment with the computer at his/her premises and charge interest on overdue payments together
with interest on overdue payments together with interest at the rate of 18% per annum compounded quarterly.
d. RailTel’s provisional of Service to the customer is dependent on the customer complying with the provisions of these terms and conditions [as amended by RailTel from time to time at its discretion].
f. The service provided shall be constantly monitored for deficiencies and recirifed from time to time in case of degradations and the quality of services offered by RailTel shall be governed by a sepreate Service Level Agreement [SLA].
g. The customer shall not use the service for any purpose that is in violation of any laws for the time being in force or of public policy, and shall not use the service in any manner that the violates any law, rules or regulations for the
time being or any public policy that may result it in the causing of public or private nuisance, or in any manner that may interface un reasonably with the use of the service by one or more other customers of RailTel.
h. The service provided hereunder is on the license granted by the Govt. of India and shall be subject to any directions/orders/decisions of the Govt of India, statutory Authorities, court, tributes and/or any other competent authorities. In
the event any such directions/orders/decisions, direct RailTel to discontinue/stop providing the said service, RailTel shall be obliged to so suspend/discontinue/stop providing the said service [as the case may be] and shall refund to the
customer, the security deposit however, the customer shall not be entitled to claim any damages, compensation, whatsoever, from RailTel in this connection.
3. Charges:
a. The Customer shall be liable to pay for all charges as billed by RailTel for the services requested by the customer.
b. In the event of any dispute regarding the charges due as billed, the customer expressly agrees and undertakes to pay RailTel the charges as billed save and except it there is a typographical or clerical error accepted by RailTel or is
not in line with the services requested for.
c. Any and all taxes, duties and levies payable in respect of the service, the equipment, and installation, possession, use or maintenance of the service or the equipment shall be borne fully and exclusively by the customer as advised at
the time of provisioning or modification of service.
d. RailTel reserves the right to revise the tariff from time to time and the tariff so revised shall be notified by RailTel in such manner as it deems fit. Such revised tariff shall upon such notification become binding on the customer. In case
RailTel gives notice of revision[s] in tariff by publication of the same in a newspaper circulating in the service circle where the customer has their registered office, corporate office or the Point of Termination then the notice of such
revision shall be deemed to have been given to each of RailTel’s customer within such area of publication on the date of publication of notice as aforesaid.
e. All payments are to be made by the due dates prescribed for each of such payments. Payments should be made by the customer in such manner as acceptable to RailTel by DD, account payee Cheque any other mode specified by
RailTel from time to time.
f. Bills shall be raised monthly or at such intervals as decided by RailTel from time to time. RailTel may at any time vary the billing period by giving [in such manner as RailTel deems fit] a written notice not less than 30days about
such proposed variation in the billing period to the customer. Pursuant upon the said notice being affected, the billing period shall stand varied, and such variation shall be binding on the customer. In case RailTel gives notice of
variations shall be deemed to have been given to each of RailTel’s customers within the area of publication on the date of publication of notice as aforesaid.
g. The customer shall be liable to pay late-fee and/or interest at a rate notified by RailTel from time to time for any payment made after the due date prescribed for such payment as per the terms described in this terms and conditions.
4. Liability:
a. RailTel liability to customers or any user or other person shall be limited by the terms of SLA and in no event shall RailTel be liable to the customer or any other person/party for direct or indirect consequential loss or damage,
economic or otherwise, including of profits and loss of reputation, even if advised of the possibility thereof.
b. It is a condition of the provision of the service by RailTel that the customer will allow installation of RailTel equipment for provisioning of service and allow access at all reasonable times to RailTel employees and/or authorized
representatives of RailTel in execution of their duty for the purpose of maintaining, inspecting or recovering RailTel equipment and will grant to permission to RailTel to run wires and erect poles on the customer’s premises through a
suitable right-of-way. Any permission required from the owner/administrator of the buildings would be obtained by the customer. If any dispute/objection is raised by any person claiming to be an owner/administrator of the
premises/property, RailTel would inform the customer to settle the issue with such claimant. If the customer is unable to do so and if such claimant is demanding disconnection of customer’s circuit, RailTel reserves the right to do so
without any further reference to the customer. RailTel shall not be held responsible for any consequences and shall not be liable for any costs arising out of such disputes and customer shall full indemnify RailTel against any costs or
consequences arising out of such disputes.
c. The customer shall not be entitled to assign any right or interest or delegate any of its obligations arising hereunder without RailTel’s prior written consent.
d. RailTel shall not be responsible to customer or any other person for any damage to property, injury and or death to/of any person howsoever arising from the CTE, LM, CLM, Network or Internet Service.
5. Suspension/disconnection:
Suspension/disconnection:
a. Upon non payment of bills, RailTel may, at its sole discretion, take the following actions:
I. In the event of non-payment of the bills by the due date, RailTel reserves the right to suspend any service from the customer’s connection. In the event that the customer pays the amounts within fifteen days of the due date.
RailTel shall revoke the suspension without additional fee.
II. In the event the bills are not paid within twenty one days of the due date, RailTel reserves the right to wholly or partly disconnect/deactivate the service [or any part thereof]. Lines disconnected will be reconnected on payment
of outstanding dues along with reconnection fee, and interest aforesaid on the outstanding amount will be charged. In this context the bills sent to the customer shall be deemed to be notice for all purposes. It is the
responsibility of the customer to obtain the bill before the due date. In an unfortunate situation where it is not received within 7 days of regular Bill Date, the customer has to escalate the same with the concerned Deputy
General Manager [DGM] of the concerned circle and obtain a duplicate copy of the bill raised and may request permission for extension of service. The DGM at their discretion may provide for such requests.
III. In the event the customer continues to default in payment of the bill amount, RailTel reserves the right to terminate the service [or any part thereof].
b. Upon the occurrence of the following event, RailTel reserves the right to wholly or partly suspend or disconnect the service at any time and from time to time with or without giving notice.
i. Instruction from the Government of India or any other legal or competent authority. Services disconnected will be reconnected on the circumstances ceasing to exist.
ii. If the network fails or requires modification or maintenance or if the provision of the service to the customer adversely affects the network or other customers or if any approval/consents/permits which are necessary for facilitating
provision of the service to the customer are revoked, discontinued or suspended.
c. Upon the occurrence of any of the following events, RailTel reserves to wholly or partly suspend or disconnect the service.
i. The customer exceeding the credit limit prescribed by RailTel.
ii. Violation any of the provisions of these terms and conditions.
6. Transfer :
The customer is not permitted to transfer the service to any person, firm or company unless approved by RailTel and expressly authorized by DoT, GoI. Acceptance by RailTel of any payment from a person other than the primary customer shall
not under any circumstances be constructed as an acceptance by RailTel of any transfer or modification of any of the rights or obligations of the primary customer.
7. General :
a. It is hereby agreed that the terms and conditions contained herein and in RailTel’s tariff plans and RailTel’s SLA shall govern the relationship between RailTel and the customer to the exclusion of any other terms and conditions, oral or
written, and/or any representations or communications, oral written or visual, between the parties relating to the service.
b. All the conditions of service, being purely commercial, shall be subject to the exclusive jurisdiction of courts in the city where billing office of RailTel.
c. Any waiver, concession or extra time allowed or granted by RailTel to the customer shall be limited and applicable to the specific instance in which it was given and the same shall not affect RailTel rights under these terms and
conditions in any way [whether in that or any other instance].
d. RailTel is not bound to return any and all information [including that relating to the customer or his business] provided by the customer to RailTel or gathered by the customer to RailTel independently of the customer whether or not
RailTel accepts the application and whether or not RailTel provides the service pursuant to these presents and the CAF.

9. Arbitration :
It is mutually agreed between the parties, that in the event any difference or dispute relating to these terms and conditions, the same shall be referred to an Arbitral Tribunal comprising of a sole arbitrator to be nominated by the Regional
General Manager of RailTel under whose purview such dispute falls under, who shall decide the matter in accordance with the Arbitration and conciliation Act, 1996. The award of the Arbitral Tribunal shall be final and binding on all the parties. The
Arbitration proceedings shall be held in the billing Office of Railtel where the disputed service has been provisioned or billed and shall be conducted in such language as specified by the Arbitral Tribunal. The customer hereby declares and undertakes that
the award shall not be liable to be set aside only upon the ground that the sole arbitrator is an employee, contractor, officer or Director of RailTel or is otherwise interested on concerned in RailTel’s business or has represented RailTel or any other
person/party in any capacity in relation to the matter under arbitration.

For contact details please refer our website: www.railtelindia.com