TERMS AND CONDITIONS As part of Online payment procedure you must accept disclaimer agreement to use Brain NET Online Payment Web site: Definitions “Brain NET”: Brain NET, Pakistan. “User”: any natural or legal person of organization whose application to enter into this agreement is accepted by “Brain NET” “Service” : access to Internet provided by Brain NET to the User including any value-added features introduced from time to time by Brain NET. “IDs/Passwords” : such secret code(s) which Brain NET shall issue to the User from time to time for the purpose of using the service provided by Brain NET. Payment Terms The subscription fees, usage charges and other fees for the Service will be as stated in Brain NET price list, which is subject to change from time by Brain NET. User agrees to pay all charges in advance under this Service for so long as this agreement remains in force. All fees and charges are payable within seven days of the email notice or invoice date by Brain NET. Brain NET reserves the rights to suspend or terminate the services to the user if he/she is in arrears in payment of subscription/usage and to impose penalties for late payment. The charges for the service shall be based on rates intimated by Brain NET and amendments thereto as may be introduced by Brain NET from time to time. • • • Terms and Termination The start date of service will be the date when ID is activated. This Agreement shall remain in force until terminated according to the terms contained herein. The User may terminate the Service by giving Brain NET 30 days prior written notice anytime after the minimum subscription period. 24Hr Dialup customers will have to pay the 20% of the Fixed cost of the remaining contract period. In case the User be in breach of any of the terms, Brain NET may terminate this Service immediately without any termination damages and without prejudice to Brain NET's rights to damages for such breach. Brain NET reserves the right at any time and without assigning any reasons to terminate this Service. Account not used for consecutive 3 months will be removed from Brain NET permanently. Balance payment of such accounts will be forfeited. • • • Spammers Mass, and unsolicited bulk e-mailers will be permanently closed without intimation. • User's Responsibilities Protect the secrecy of the IDs/Passwords assigned to the User at all times and shall ensure that the same is not revealed or disclosed in any manner whatsoever to any person or persons whatsoever. not use the service for any unlawful purpose. ensure that their equipment and software are compatible with Brain NET's network before connecting to the network. not infringe any copyright or intellectual property rights to the information and resources available via Service. not attempt to gain unauthorized access to any computer system connected to Internet. not introduce any computer virus into the Internet or Brain NET computer system. not persistently send messages without reasonable cause or for causing any threat, harassment, annoyance, inconveniences or anxiety to any person. not send any messages which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, libelous or menacing nature or may infringe on an statutory regulations and laws. comply with all notices issued by Brain NET regarding the use of the Service. not be entitled to trade on connectivity, resell, hire, transfer, assign or otherwise dispose of the Service or any part thereof at any time without the prior written approval of Brain NET. No Duplicate Accounts are allowed. The User Shall: • • • Brain NET's Rights Brain NET at its exclusive discretion reserves the right to refuse its service to any party without assigning any reason. Brain NET reserves the right to manage and control the access to computer systems and data, stored within Brain NET computer systems in a manner deemed appropriate by Brain NET. Brain NET at its exclusive discretion reserves the right to refuse, change or remove lDs/Passwords which it deems in appropriate or offensive. • • • Indemnity The User undertakes and agrees to indemnify and hold harmless Brain NET, its Management and employees at all times against all actions, proceedings, costs, claims, expenses, demands, liabilities, losses and damages whatsoever including without limitation for defamation, infringement of intellectual property rights, death, bodily injury, property damage or pecuniary losses howsoever arising which Brain NET and its employees or any person may sustain, incur, suffer or pay arising out of or in connection with the sue of the Service by the User or thereof. Disclaimer The User shall be solely responsible, and Brain NET shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations and all the terms not limiting to those prescribed by Pakistan Telecommunications and the Telecommunications Authority for the use of any telecommunications systems, service or equipment shall be at all times complied with. While every care is taken by Brain NET in the provision of the Service, Brain NET shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise for any reason whatsoever, or for the contents, accuracy or quality of information available, received or transmitted through the Service. The User shall be solely responsible, and Brain NET shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations and all the terms not limiting to those prescribed by Pakistan Telecommunication Authorities for the use of any Telecommunication systems, service or equipment shall be at all times complied with. • • • Assignment The Service and the IDs/Passwords issued to the User shall not be assigned to any other party without prior written consent of Brain NET. Variations Brain NET at its exclusive discretion shall have the rights to amend the terms and conditions here in at any time upon notice (in such form as may be determined by Bain NET) to the User. Software The User may use in the service the software distributed by Brain NET in conjunction with other software not owned or distributed by Brain NET. The use of the Software shall be subject to the terms and conditions stated here in and shall be at the sole risk and responsibility of the User. Brain NET makes no warranty and hereby disclaims all liabilities whatsoever in respect of and/or arising out of Software provided to the User. The User shall have no remedy against Brain NET for defects in the software. In no event will Brain NET be liable to the User for any damages whatsoever, including any loss of profits, lost savings, or other incidental or consequential damages arising out of the User's use or inability to use the software even if Brain NET or any of its authorized representative has been advised of the possibility of defects or for any claim by any other party whatsoever. The User shall satisfy himself/herself as to the suitability of the software for his/her needs. The User shall also be responsible for ensuring the compatibility of the software with his/her equipment. In the event that changes are introduced to Brain NET network, Brain NET shall not be responsible to ensure that the software will continue to be compatible with Brain NET's Network and the User shall have no claim whatsoever against Brain NET by reason of such changes. The User shall strictly comply and shall ensure compliance by his employees and against with all instructions or notices in whatever form and through whatever means given by Brain NET from time to time regarding the use of the software. • • • Access Speed Brain NET does not guarantee any specific response time for any method of access to Brain NET. Force Majeure Brain NET shall not have liability whatsoever or be deemed to be in default for any delay or failure in performance under this agreement resulting from acts beyond the control of Brain NET, including and without limitation to the acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, accident, fire, lightning, equipment failure, telecommunication line failure, riot, strikes, lock-outs, industrial disputes (whether or not involving Brain NET employees) or epidemics of Infectious diseases. Amendments The Terms and Conditions are subject to change by Brain NET management without prior notice and without assigning any reason thereof. Law This agreement shall be governed by and constructed in accordance with the laws of Islamic Republic of Pakistan. Notice Any notice by either party to the other shall be served by sending the same by fax and registered mail at the address of the party herein above or at any changed address notified by the respective party to the other and the notice so given shall be deemed to have been properly served and received by the respective party.