1. BEXIMCO shall provide the service as per the rules, regulations, directives, instructions, terms and conditions of Bangladesh Telecommunication Regulatory Commission (BTRC) or any other authority assigned by the Government time to time.
2. Subscriber shall avail the service as per the rules, regulations, directives, instructions, terms and conditions of Bangladesh Telecommunication Regulatory Commission (BTRC) or any other authority assigned by the Government time to time.
3. This agreement shall be governed by the laws of Bangladesh and both parties shall be in legal obligation to abide by the laws concerning this agreement.
4. With the services from BEXIMCO, Subscriber shall not perform any illegal activity, exchange any unauthorized information (such as copyrighted information for which Subscriber has not received permission, information which is threatening or defamatory or obscene, etc.), send bulk emails (spamming), send and receive any illegal voice calls, etc. Any such action may result in immediate temporary or permanent disconnection and BEXIMCO shall not be in any case responsible for any illegality carried out by its Subscriber.
5. BEXIMCO shall be responsible for carrying the data packets (connection) only and is not responsible for its nature or content. Subscriber hereby declares and undertakes that the service shall not be used for any immoral or unlawful or socially unacceptable purposes.
6. The services to be provided shall be exclusively to Subscriber and shall not be transferred or reassigned to any other party except its users.
7. Subscriber assumes full responsibility and risk of using the service and the Internet. The service is provided on an "as is" and "as available" basis. BEXIMCO does not warrant that any information, software or other material accessible via the service is free of viruses, worms, trojan horses, or other harmful components. BEXIMCO makes no expressed or implied warranties, representations or endorsements including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose regarding any merchandise, information, or service provided through the Internet.
8. Services may be temporarily unavailable or limited because of equipment modifications, upgrades, relocations, repairs, unilateral disconnection of uplink and/or down link by the BTRC and/or similar activities necessary for the proper operation of Service.
9. BEXIMCO shall not be held responsible for non-performance or under-performance in case of Force Majeure events like government orders, civil commotion, natural disaster, overhead fiber burn, electric pole break down, service unavailability of upstream provider, any infrastructural break down of third party or other conditions or circumstances beyond the reasonable control of BEXIMCO; nor shall BEXIMCO be liable for performance deficiencies caused or created by Subscriber's equipment.
10. BEXIMCO shall not be liable for any loss or damages arising directly or indirectly from the use and quality of the service. It is solely Subscriber’s responsibility to evaluate the accuracy, completeness, quality and usefulness of all opinions, advice, services, and other information available through the use of service or the Internet generally. Subscriber hereby releases BEXIMCO from liability arising from any content accessed via the service. BEXIMCO is not liable for any damages such as but not limited to damage through disks/CDs or any other media and/or software, non-delivery of messages and/or files, delivery to wrong place, or damage of messages and/or files.
11. BEXIMCO shall not be liable for any incidental, special, consequential, or punitive damages of the Subscriber including but not limited to loss of profits, loss of business or business opportunity, loss of use, etc. Subscriber shall indemnify and hold harmless BEXIMCO from and against any loss, cost, claim, liability, damages, or expenses (including legal fees) to third parties, relating to or arising from the use of service by Subscriber, or any of their personnel, whether or not Subscriber has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where Subscriber has used, connected, or combined the service with the products or services of others), negligence, or tortuous behaviour. Subscriber agrees to indemnify BEXIMCO along with any parties from whom BEXIMCO obtains network service, and to hold them harmless from any claims resulting from the use of the service by Subscriber or its users that damages another party or violates the law.
12. The Subscriber shall pay the bill regularly within due date mentioned in the bill (through account payee cheque in the name of “Bangladesh Export Import Co. Ltd.” or through any other payment method as agreed with the Subscriber in written) in order to avoid interruption of the services. BEXIMCO shall have the right to disconnect, suspend or bar the provision of the services to the Subscriber if bill is not paid within the due date mentioned in the bill. This right, however, shall not be deemed to have been waived, if BEXIMCO temporarily decides not to terminate the service under such condition. The Subscriber may be entitled to resume or reconnect his/her service by making payment of his/her outstanding bills in full.
13. Both Parties shall maintain confidentiality of all information that is received from the other Party. Information may be transmitted to governmental, judicial or regulatory authorities, as may be required by any governmental, judicial or regulatory authority. In that case, before transmitting information, one Party must inform in writing to other Party about such requirement.
14. Both Parties may terminate this Agreement upon serving 30 days’ prior notice unless there is any other notice period as agreed by both the Parties in written.
15. BEXIMCO may terminate this agreement immediately upon notice if Subscriber or any person who has access to the service through Subscriber’s account, commits a material breach of this Agreement
16. Upon termination of this Agreement all rights granted to Subscriber under this Agreement shall immediately cease and Subscriber must return all equipment to BEXIMCO if provided by BEXIMCO. However, termination of this agreement does not release Subscriber from any payment obligations such as but not limited to any accrued payments and/or any commitment for minimum subscription period as previously agreed by both parties in written.
17. Both parties shall act in good faith and in best interest of each.
18. Any dispute will be settled amicably.