The Terms & Conditions (referred as "Terms") herein determine the use of Internet
& Value Added Services through Nextra’s Public WiFi Access Points (for Pre-Paid
internet usage or for accessing only free Social Network Sites) (collectively referred
as "Services") mentioned herein and signed accepted by the Customer and the same
shall be legally binding on the Customer.
Acceptance of Terms
Customer can accept the Terms by signing the Customer Relationship Form (hereafter
referred as CRF) and Tariff Selection Sheet document or by clicking to accept or
agree to the Terms, where this option is made available to the Customer by Nextra,
in the user interface for any service. Also, if a Customer starts using the Services,
then the Customer's use of Services will be treated as acceptance of the Terms.
- "Nextra Teleservices Pvt. Ltd." also referred as "Nextra"/ "Service Provider" having
its Registered Office at N-49, 1st Floor, Connaught Place, New Delhi 110001, who
has been granted License by Department of Telecommunications (DoT), Ministry of
Communications and Information Technology, Government of India, for providing Internet
Service in Delhi Service Area (hereinafter called as "Licensed Service Area").
- "Customer" means any person or legal entity who has agreed to avail the Services,
under these Terms & Conditions.
- "DoT" means Department of Telecommunication, Ministry of communications and Information
- "Post-Paid" means a method of payment where a Customer pays for the Services and
usage in arrears, subsequent to consuming the Services.
- "Pre-Paid" means a mode of payment for Services where a Customer pays a set amount
in advance of actual usage.
- "Roaming Service" means Customer access to Wi-Fi at multiple locations or area where
Service is offered by Nextra/ any partner/ service provider with whom Nextra has
- "Service(s)" means all Internet access, Content Services, Internet Telephony and
other additional Value-Added/ Supplementary Services, as opted for by the Customer.
- "Tariff" means rates, charges payable by the Customer for Services and related conditions
at which Services may be provided, including Deposits, Installation Fees, Rentals,
Usage Charges and any other related fees or service charges. Tariff shall have the
same meaning as contained in Telecommunication Orders issued by TRAI.
- "TRAI" means Telecom Regulatory Authority of India.
- "Wi-Fi", short form of Wireless Fidelity, is a technology that allows an electronic
device to connect toan Internet Access Point wirelessly (using permitted radio waves)
and access Internet, Internet Content, and exchange data wirelessly (without any
need for wires).
THE ENROLLMENT/ SUBSCRIPTION PERIOD
The period of subscription or service usage shall commence upon Nextra accepting,
after due verification, the Customer Relationship Form (CRF) duly signed by the
Customer or the Customer duly accepting the Terms and Conditions mentioned herein
and shall run in concurrence with Nextra's License Agreement with DoT and shall
be subject to all applicable laws, rules, regulations, notifications, order, directions
of the Government/ Courts/ Tribunal/ TRAI/ Indian Telegraph Act, 1885, and shall
further be subject to the duration and terms of the subscrirption plan taken by
1. REPRESENTATIONS, WARRANTIES AND RESERVATIONS
1.1 Customer must pay to Nextra the Tariff charges as published and notified by
Nextra and shall be governed by the rules and regulations as specified by TRAI from
time to time. The rules and regulations of Indian Telegraph Act, 1885 (including
amendments thereto made from time to time) will be applicable to each Customer and
in case of any repugnancy, the said rules/ regulations shall have overriding effect
over this Form.
1.2 Customer agrees that he is fully conversant with the Service(s) provided by
Nextra together with its specifications, requirements, limitations, etc. and has
accepted these Terms and Conditions knowing and having such understanding.
1.3 Nextra reserves the right to reject any subscription request, for any reason,
without any liability whatsoever. Documents/ details submitted by Customer are subject
to verification/ clearance/ acceptance by Nextra. In case of non-acceptance/ rejections
of documents, refund, wherever applicable, will be made according to regulations
from time to time. Information provided by the Customer or gathered by Nextra shall
become the property of Nextra even if the application is rejected.
2. NEXTRA'S COMMITMENTS
2.1 SERVICE PROVISIONS
Quality, functionality and/ or availability of Services, may be affected and Nextra,
without any liability, whatsoever, is entitled to refuse, limit, suspend, vary or
disconnect the Services, at any time, for reasonable cause, including, but not limited
2.1.1 Governments/ TRAI/ DoT rules, regulations, orders, directions, notifications,
etc., prohibiting and/ or suspending the rendering of such Services or otherwise
effecting such Service directly, indirectly or consequentially.
2.1.2 During technical failure, modification, up gradation or variation, relocation,
repair and/ or maintenance of the system/ equipment. 2.1.3 To combat potential fraud,
sabotage, wilful destruction, etc.
2.1.3 Any breach of these Terms occurring due to acts of God or circumstances beyond
the control of Nextra including insurrection or civil disorder, or military operation,
national or local emergency, industrial disputes of any kind (whether or not involving
Nextra employees), fire, lightening, explosion, flood, inclement weather conditions,
acts of omission or commission of person or of persons or bodies for whom Nextra
is not responsible or any Act, regulation or policy of the Government of India or
State Government or any other Statuary Authority.
2.1.4 Transmission limitations caused by topographical, geographical, atmospheric,
hydrological and/ or mechanical conditions.
2.1.5 If Services are used in any manner which violates any law, rules/ regulations
(in force from time to time) or adversely affects or interferes in any manner in
rendering the Services by Nextra.
2.1.6. Interconnection between Nextra and other service providers.
2.1.7 Any other reason/ cause which is found to be reasonable by Nextra warranting
limiting/ suspension/ disconnection.
2.1.8 Privacy of communication is subject to the Government's regulations/ rules/
directions (in force from time to time) and any such other factors including but
not limited to, matter relating to national security and defence.
2.2 SERVICES AND DISCOUNTS
2.2.1 Nextra is entitled to add/ alter or withdraw any additional or supplementary
Services including the charges related to the said Services at any time, in its
sole direction within the realm of TRAI guidelines. Provision of additional/ supplementary
Services shall be on such other/ additional terms as specified by Nextra from time
to time and such other terms/ condition shall be deemed to be a part and parcel
of this these Terms.
2.2.2 All discounts or other special benefits, schemes pertaining to the Service
and/ or additional/ supplementary Service announced from time to time shall be valid
for a particular period as decided by Nextra. Nextra shall further have the sole
right to withdraw/ vary/ extend any/ all such discounts or benefits at any time,
without any notice and without incurring any Liability whatsoever in this regard
whether directly, indirectly or consequential.
2.2.3 It is understood by the Customer that the scheme if any, opted by him/ her
may be withdrawn or extended by Nextra at its sole discretion and that Customer
shall not have any claim or right in such eventuality.
2.2.4 Different plans/ schemes shall have corresponding price/ charges/ fees/ rates
and terms & conditions, all of which are subject to change by Nextra from time to
time, but within the overall guidelines of TRAI.
2.3 LIABILITY LIMITATION
2.3.1 Nextra makes no express or implied warranties, guarantees, representations,
regarding the Service. unless expressly mentioned in these Terms.
2.3.2 Nextra offers no warranty that the Service will be uninterrupted or error
free or that any information, software or other material accessible on the Service
is free of viruses, worms, Trojan horses or other harmful components.
2.3.3 Nextra shall not be liable to the Customer and the Customer hereby waives
and agrees to continue to waive all claims/ actions of any delays, losses including,
but not limited to, loss to business, profit, revenue or goodwill demands, fees,
cost, expenses, order judgment, etc. direct, incident or consequential arising out
of any delays, error or defects or other failure with respect to the Service(s),
hereof. Further, the Customer remains solely responsible for his own negligence,
acts or omission.
2.3.4 Under no circumstances shall Nextra be liable for any direct, indirect, incidental,
special, punitive or consequential damages that may result in any way from the Customer's
use of or inability to use the Service(s) or access the Internet or any part thereof,
or the Customer's reliance on or use of information, Service or merchandise provided
on or through the Service, or that may result from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation or transmission or any failure
of performance thereof.
2.3.5 Nextra will not be responsible for any acts of franchisees of any other third
party with regards to scheme which are not expressly authorized in writing by Nextra
or which are purported to have been offered on behalf of Nextra without seeking
explicit and specific sanction in written from Nextra.
2.3.6 Nextra shall not be liable for any act of commission or omission of any third
party suppliers/ manufactures/ including any agency offering any privilege or benefits
2.3.7 Nextra shall not be held liable for misuse of the Customer's Services/ Equipment
under any circumstances including but not limited to misuse on account of access
by third parties to such confidential password/ CPE information.
4. CUSTOMER'S COMMITMENT
4.1 In case a Customer contends that he has been billed wrongly, After necessary
examination and, if the contention of the Customer is proved, then Nextra shall,
in case of Pre-Paid, credit the excess amount to the Customer's account, without
changing the validity of the account.
4.2 The Customer shall and undertakes to fully comply with all applicable laws,
bye-laws, rules, regulations, order, direction, notification, etc., including without
limitation, to the provisions of the Indian Telegraph Act, 1885, the Indian Telegraphs
Rules, 1985 made there under, TRAI Act, and any amendments or replacements made
thereto from time to time, issued by the Government/ Court/ Tribunals/ TRAI and
shall also comply with all the directions issued by Nextra which relate to the Network,
Service, Equipment, or connected matter. Customer shall provide Nextra with all
the co-operation that it may reasonably require from time to time in this regard.
4.3 The Customer will ensure that the Services provided by Nextra shall not be used
for purposes other than the purposes declared herein and the purpose is permissible
under the applicable statutory or regulatory provisions issued by DoT or TRAI.
4.4 It would be Customer's responsibility to ensure that passwords, if provided,
is kept confidential. Nextra shall not be held liable for misuse of Customer's Services
under any circumstances including but not limited to misuse on account of access
by third parties to such confidential password information.
4.5 The procedure for metering of charges, transfer, closure of Services, etc. shall
be such as may be determined and/ or varied by Nextra from time to time.
5. The Services given under these Terms is non-transferable.
6. Nextra's acceptance of payment from a person other than the Customer will
not amount to Nextra having transferred or subrogated any of the rights or obligation
of the Customer to such third party.
7. Nextra shall endeavour to activate the Services within reasonable time
on best effort basis and it is expressly agreed that the Customer shall not be entitled
to raise any claim or action or damage of whatsoever nature on account of delay
in activation of Services and the Customer shall only be entitled to refund of the
initial amount paid.
8. CUSTOMER EQUIPMENT:
Nextra shall not be liable for any claim, loss or damage of whatsoever nature that
may arise due to use of equipment that are not provided by Nextra. Nextra will have
no role, whatsoever, in the equipment's functioning and warranty, etc. and will
not be responsible for any defect/ fault etc. at any time during the life of the
equipment, whether within warranty or after warranty period of the equipment. It
would be the sole responsibility of the Customer to ensure that his/ its equipment
is well maintained and fully backed by all required licenses and approvals. Nextra
shall not, in any manner, be responsible on account of any consequences directly
attributable to any malfunction of such equipment or non-procurement of such required
license/ approval from concerned authorities.
9. PROHIBITORY CLAUSES
9.1 Services provided by Nextra shall be used only by the Customer or persons authorized
by him for their own use and shall not be resold in any way whatsoever.
9.2 The Customer shall not use the Service(s) for any of the following activities:
a. Voice communication from anywhere to anywhere by means of dialling a telephone
number (PSTN/ ISDN/ PLMN). b. Originating the voice communication service from a
Telephone in India, or terminating the voice communication to Telephone within India.
c. Establishing connection to any Public Switched Network in India and/ or establishing
gateway between Internet & PSTN/ ISDN/ PLMN in India. d. Use of dial up lines with
outward dialling facility from nodes. e. Interconnectivity with other ISPs.
9.3 The Customer shall not communicate, send, transmit, download or in any way deal
with any objectionable or obscene or pornographic messages or communications, which
are inconsistent with the established laws of the country, over the network offered
and established under the said Services.
9.4 The Customer is not authorized to use the Service for any unlawful, immoral,
improper or abusive purpose, or for sending obscene, indecent, threatening, harassing,
unsolicited message or message affecting/ infringing national security nor create
any damage or risk to Nextra or its network and/ or other Customer.
9.5 The Customer shall not resort to hacking, cracking, spamming, destroying or
corrupting any of the sites on the Internet, nor shall indulge in any of the offences,
more specifically defined under the Information Technology Act, 2000. Without prejudice
to any action under law for the time being in force, violation or breach of any
of these Terms and Conditions shall entitle Nextra to immediately discontinue the
said Services forthwith.
9.6 The Customer undertakes and agrees to take the required measures to ensure that
spam malicious traffic is not generated from the Customer’s end. If at any time
spam activity -unwanted or malicious is observed from the Customer’s link, Nextra
reserves the right to lock/ suspect or terminate the link immediately without any
9.7 Title & Intellectual Property Rights of Services & Content provided by Nextra
are owned by Nextra, its agents, suppliers or affiliates or their licensors or otherwise
owners of such material are protected by copyright laws and treaties. The customer
is prohibited from misusing, copying, re-producing, distributing, transmit, publish,
publicly perform, or exhibit, alter, adapt, customize the content or any portion
provided through the Nextra online portal (provided as part of its Value Added Offering)
or through any other Nextra platform. The Content shall include technological measures
for the protection of the content, to use the content as per the usage rules. Any
technological measures to alter, amend or change the usage rules embedded into the
content in any manner shall result in civil and criminal liability, under the Information
Technology Act, 2000 or any other applicable law under Copyrights.
9.8 Individuals/ Groups/ Organizations are permitted to use a Customer encryption
upto 40 bit key length in the RSA algorithms or its equivalent in other algorithms
without having to obtain permission. However, if encryption equipments higher than
this limit are to be deployed, individuals/ groups/ organisations shall do so with
the permission of DoT and deposit the decryption key, split into two parts, with
9.9 Nextra may block Internet sites and/ or individual Customer, as identified and
directed by the Statutory Authorities or Security Agencies from time to time.
10. Nextra grants to the Customer and the Customer so accepts a non-exclusive
and non-assignable license to use any software provided by Nextra to access Internet.
The title to all such software would be at all point of time continued to vest with
11. PRIVACY AND CONFIDENTIALITY
Notwithstanding anything contained herein, Nextra reserves the right to access information
over the network established by the Customer, if required in pursuance of the laws
of the land, and as specifically provided for under the Information Technology Act,
While accessing Internet and the Service(s), advertisement/ promotions shall be
displayed. The Customer agrees that he has no objection of any kind or manner to
the placement of such advertisement/ promotions, etc. while using or availing the
13.1Though every effort is being made to provide best quality of Services, Nextra
shall in no event be responsible to the Customer or to any third party, for deficiency
in data transmission or for any inconvenience, damage or loss that may be caused
to any one or of any kind arising thereof.
13.2 The liability, if at all and if any, of Nextra would be restricted to that
of a Service Provider, and notwithstanding anything contained herein, in no case
and eventuality would Nextra be responsible for any responsibility on account of
any of the content that may be communicated, disseminated, transmitted, downloaded,
stored, either on a permanent or temporary basis, or in any way dealt with by the
Customer using the Services provided by Nextra.
13.3 Download/ Upload speed indicated is speed up to our ISP node. Speed available
to the Customer is the maximum prescribed speed for which the Customer is entitled
and Nextra does not hold out any assurance that the said speed shall be maintained
at all times and the same may vary depending upon the distance & obstacles between
the Customer and Access Point, network congestion, technical reasons or any other
14. AMENDING THE TERMS AND CONDITIONS
14.1 Nextra shall have the option to vary, alter or amend any Terms & Conditions
due to administrative and commercial compulsions or for any other reason considered
necessary in the interest of business operations. The Terms & Conditions would be
updated on the website, www.nextraworld.com. The Customer's continued use of Services
or payments to Nextra even after such change/ variation/ alteration will constitute
the Customer's consent or approval to all such amendments/ alteration.
14.2 The failure of any party thereto at anytime to require performance by the other
party of any obligation/ provision of these Terms shall not affect the right of
such party to require performance of that obligation/ provision subsequently. Waiver
by any party of breach of any provision/ obligation of this Form shall not be constructed
as waiver of any continuing or succeeding breach of such provision, or waiver of
the provision, itself or a waiver of any right(s) hereunder.
14.3 If any part of this Form is held invalid, the remaining provisions will remain
unaffected and enforceable, except to the extent that Nextra's rights/ obligations
under the Terms are materially impaired.
15. OTHER MATTERS
15.1 Any notification required to be given by the Customer to Nextra shall be given
in writing and shall be deemed to have been delivered to Nextra when it is actually
delivered. Any notification required to be given by Nextra shall be in such form
as may be prescribed by Nextra from time to time. If sent by post it shall be deemed
to have been delivered within 48 hours of posting. Nextra without notice may assign
and/ or delegate all/ or parts of its obligations, rights, and/ or duties under
these Terms to any third party.
15.2 These Terms binds the Customer and his heirs, executors, administrators, successors,
and permitted assigns, wherever applicable and also binds Nextra and its successors
15.3 The headings are for convenience sake only and shall not affect the meaning
of the provision thereof nor can the provisions be interpreted in the light of such
16. DISPUTE RESOLUTION
Any disputes and differences arising between the Customer and Nextra will be referred
to a sole Arbitrator to be appointed by Nextra and will be subject to jurisdiction
in New Delhi. The provisions of Indian Arbitration and Conciliation Act shall apply.
17. ACCEPTANCE BY CUSTOMER
The Customer has fully read/ has been explained in vernacular, verbatim the Terms
& Conditions that he has understood the contents thereof and has, with the understanding
that this is a valid and binding document and can be enforced in accordance with