Terms and Conditions:
These terms and conditions shall form an integral part of the accompanying Customer Application Form (“CAF”).
- “Authority/ies” shall mean Government of India and/or a State Government (Government), any Local Authority, Cantonment Board, Department of Telecommunications (DoT), Telecom Regulatory Authority of India (TRAI), Courts of law or other judicial/qua- si-judicial forums, security agencies, all other statutory authorities, as the case may be, and shall include their successors-in-inter- est.
- “Charges” or “Tariﬀ” shall include all fees, call charges/tariﬀs, deposits, rentals and interconnection costs and includes any other incidental charges relating thereto chargeable by TTL from time to time for providing the Service/s to the Customer and shall include all Government levies present and future).
- “Customer” shall mean the individual or entity or person who or which has applied for provision of the Service/s vide the accompanying CAF. “Postpaid Customer” shall mean the Customer who subscribes to postpaid services postpaid services.
- Designated Service Provider” shall mean any individual or legal entity designated by TTL to provide the Service/s or to discharge TTL’s obligations hereunder or to exercise TTL’s rights hereunder.
- “License” shall mean the telecom license/s granted to TTL by DoT to install and operate the Service/s (or any of them).
- “Network” shall mean the communications network and other equipment/software used by TTL to provide the Service/s and shall include telephone exchanges, base stations, microwave and land-line links.
- “Other Service/s” means any service/s which is additional to the Service/s including but not limited to value added services, content, data service, collection and billing.
- “Service/s” shall mean all the telecommunication service/s and other value added service/s made available by TTL through its Network, including voice communication service/s, SMS and any Other Service/s under the brand ‘TATA DOCOMO’ and/or any other brand name/s as TTL may desire from time to time.
- “Service Area” shall mean the geographical area within which TTL is licensed to oﬀer the Service/s under License.
- “TTL” shall mean TTL (Tata Teleservices limited) and TTML (Tata Teleservices Maharashtra Limited) and Designated Service Providers jointly and severally (depending upon the context in which it is used) and shall be deemed to include successors-in-interest and assigns of TTL and/or TTML and/or Designated Service Providers.
Provision of Service/s:
The Services shall be provided only on submission of valid CAF along with POI and POA (asstipulated under the guidelines published by the Department of Telecom from time to time) and after veriﬁcation of the information provided in the CAF by the subscriber. TTL will make best eﬀorts to provide to the Customer the Service/s within the Service Area subject to these terms and conditions,
- provisions of the License, Indian Telegraph Act of 1885, Telecom Regulatory Authority of India Act 1997,
- any directions or orders issued by the Authorities and
- any policies and/or rules/regulations adopted by TTL from time to time with regard to operation and maintenance of the Network and provision of Service/s. TTL reserves the right to accept or reject, at its discretion, the Customer’s application for provision of Service/s made vide the accompanying CAF.
- The availability, and quality of the Service/s may be aﬀected by factors outside TTL’s control including but not limited to physical obstructions, availability or performance of Network, geographic conditions, topographic layout, weather conditions and other causes of radio interference, non-availability of power or faults or modiﬁcations in other telecommunication networks to which the Network is connected, non-receipt or delay in receipt of suitable spectrum and right of way.
- The Service/s may be suspended in whole or in part at any time, without notice, if the Network fails or requires modiﬁcation or maintenance. TTL will make all reasonable eﬀorts to minimize the frequency and duration of such events.
- TTL has the sole right and discretion to revise the Charges at any time on reasonable notice to the Customer, delivered in such manner as TTL deems ﬁt.
- TTL has the right to check the credentials of the Customer including the Customer’s ﬁnancial standing and to avail the service/s of any person or agency for such purposes. Obligation of TTL to provide the Service/s (or any of them) shall always be subject to veriﬁcation of the Customer’s credentials as assessed or perceived by TTL and documents and if at any time, any information and/or documents furnished by the Customer is/are found incorrect or incomplete or suspicious, TTL shall be entitled to suspend/terminate the Service/s forthwith without any notice.
- TTL reserves the right to apply a credit limit and specify other conditions of charges for time to time for Postpaid Customers and to demand interim or advance payment of deposit / additional deposit, and to suspend / disconnect access of Service/s if such limits are exceeded or such conditions are violated.
- TTL reserves the right to vary the bill cycle for the Charges from time to time for Postpaid Customer.
- TTL reserves the rights to initiate appropriate legal proceedings in case of breach of any of these terms and conditions by the Customer (including non payment of Charges).
- Any waiver, concession or extra time allowed or granted by TTL to the Customer is limited to the speciﬁc circumstance in which it was given and the same shall not aﬀect TTL’s rights hereunder.
- TTL may, without any notice, refuse, curtail, modify, suspend, disconnect or terminate the Service/s in whole or in part at any time if so directed by the Authorities, without assigning any reason whatsoever.
- To the extent permitted under License, TTL shall be entitled to designate a third party for discharging TTL’s obligations (or any of them) and/or for exercising TTL’s rights (or any of them) arising hereunder. TTL shall also be entitled to assign its rights and/or obligations hereunder (or any of them) to such third party at any time without being liable to obtain any consent from or to give any notice to the Customer.
- TTL reserves the right to amend these terms and conditions (or any of them) and/or to separately specify additional conditions from time to time at its sole discretion without providing any notice to the Customer. TTL will display on its website www.tatadocomo.com the latest version.
- Any and all information (including that pertaining to the Customer or his business) provided by the Customer to TTL or gathered by TTL independently of the Customer may be disclosed by TTL to any Authority or any other entity/individual whether or not TTL provides the Service/s to the Customer.
- TTL shall be entitled to adjust/set oﬀ deposits/payments made by Customer and or any amount payable/refundable by TTL to Customer against any Charges, towards TTL, starting from the oldest, which in the opinion of TTL, are payable by the Customer to TTL for the Services or on any other account whatsoever.
- TTL has signed/is required to sign reciprocal agreements with other telecom service providers according to which TTL would not provide new connection to any person who is in arrears with any other service provider/s and whose line has been suspended by such other service provider/s. If such person is already a Customer of TTL, TTL upon request by such other service provider, would be required to terminate provision of Service/s to such Customer even though such Customer has been in compliance with the provisions hereof. TTL however, will not be liable for any costs, damages or losses in case of termination/de-activation of Service/s as aforesaid. To know about postpaid default services please log onto our website or SMS service to 121 (toll free).
- Assignment of Credit Limit is at the sole discretion of TTSL and such limit is communicated to the customer periodically. It may be noted that the credit limit assigned is purely indicative of the credit exposure that TTSL is willing to allow. Customer shall always pay all charges including usage in full, even where such value exceeds the given credit limit.
- TTL reserves the right to retrieve the assets and electronic equipments which are installed and deployed at customer locations/premises to activate the service of customer, in the event of disconnection of services by TTL due to the breach of any terms by the the customer, as contained herein or if the customer chooses to discontinue the services of TTL due to any reason whatsoever. In such case, the customer shall be liable to pay the cost of equipment from the customer by taking appropriate legal action. The call duration is measured with accuracy up to +/-1 second as per TRAI guidelines. Call Charges are calculated based on the call units which are calculated by dividing call duration by the pulse rate deﬁned in the tariﬀ plan. The TTL prepaid services are and will be available only with in coverage area of TTL in Operational circles and Tie-up with the operators in the circles/ other circles in service conditions.
- In case the Subscriber is a foreign national, the validity of Services shall not be beyond the Visa period and also shall not exceed three months at a time even if the validity of Visa is beyond three months.
- The change of name of a Subscriber shall not be permitted.
- The Subscriber shall intimate any change of address within one week of such change along with the POA to TTL. TTL shall have right to disconnect Services in the event if on re-veriﬁcation address of the Subscriber is found to be wrong.
TTL reserves the right for any other reason found to be reasonable by TTL warranting suspension/disconnection of including but not limited to the following
- Enactment, passing and issuance of a new law, to one/all Subscribers, without any notice, for any reason which is found reasonable by company Services; and
- Act of God, ﬁre, riots, strike, lock out, war, acts of terrorism, armed rebellion, civil commotion or any other factor beyond the control of Company which makes the rendering of impossible. In such event TTL reserve the right to terminate service by giving 7 days notice to customer for whatsoever reason but not limited.
Obligations of the Customer:
- The Customer shall be liable to make payments for the Service/s on or before due date mentioned in the bill failing which interest @18 % per annum and/or late fees shall become chargeable on all outstanding Charges from the due date of payment. Further the Service/s shall be liable to be suspended/ disconnected/terminated at TTL’s sole discretion in such an event.
- Payment of the Charges can be made by cash, credit card, crossed demand draft or any other mode speciﬁed by TTL from time to time. Payments made by cheque are valid subject to realization. TTL shall not be responsible for loss of cash/payment instrument unless TTL has issued a receipt for the same to Customer. Customer shall be liable to pay penal charges/fees as ay be speciﬁed by TTL in case of dishonor of cheque furnished by Customer besides legal action.
Customer understands and acknowledges that any interface (including MODEM, Router, EPABX, etc.) deployed for channelizing the communication services and/or any end-user terminals deployed to the beneﬁt of the Customer may be vulnerable for unauthorized-use / misuse resulting in excess billing. Hence, Customer shall take adequate measures to prevent such unauthorized-use / misuse and is strongly advised
- To ensure robust physical access controls are implemented
- To ensure strong controls over remote access are established
- To have strong access codes/passwords,
- To change the access code/password frequently. Further, it may be noted that some of the interface devices are known to have certain remote access features (for ex., DISA/DOSA, etc.) which the Customer is required to be aware of and is expected to establish adequate security measures to avoid misuse / abuse by esta¬blishing strict control on the access codes/passwords, etc., and invariably turn oﬀ / disable such features. It may further be noted that the Customer by choosing to keep the feature switched-on, understands that the system may be open for misuse / exploitation. TTSL shall not undertake any responsibility and liability and in case of any misuse, security issues, loss, spike in billing, whatsoever, arising out of the same, the Customer shall be responsible and liable to pay TTSL the billed services charges in full without any demur. In this connection TTSL would like to draw attention of the Customer to clause 3, sub-clause (p) regarding credit limits.
- Please quote your GST registration number/UIN in the form for tax purposes. If you do not quote your GST registration number it shall be presumed that you are unregistered for tax purposes.
- The Additional discount applicable on the product / service, as agreed between the parties, shall be passed on to the customer on the basis of usage in each state of delivery as per the GST rates of that particular state.
- In the event of any dispute regarding the Charges, the Customer shall be liable to pay Charges as billed by TTL pending resolution of such disputes. Customer shall be liable to pay for the Service/s provided even if the Customer does not receive the bill.
- TTL shall send the bills to the billing address as per TTL records. It will be Customer’s responsibility to make enquiries in case of non receipt of bills.
- Customer shall be liable to pay or bear all the cost for collection of dues, legal expenses etc. with interest, in case of nonpayment of dues or other violation/s hereof by the Customer, necessitating TTL to refer the matter to a collection agency/legal advisor/ representative of TTL.
- Customer shall remain liable for the Charges pertaining to the period of suspension of Service/s and thereafter until payment is made in full.
- Customer shall inform TTL for any change in billing address. Any written communication, bill, billing statement or notice issued by or on behalf of TTL to the Customer will be deemed as served within 48 hours of posting by ordinary mail through courier.
- Customer shall be liable to bear all taxes, duties or levies payable in addition to the Charges, including those levied/leviable on this CAF. Any increase/ addition/introduction of taxes and/or levy of any taxes, duties or any other statutory charges etc. (present/future) shall to be the Customer’s account upon notice to him and shall at all times deemed to be part of Tariﬀ.
- Customer shall not use or cause or allow others to use the Service/s for any improper, immoral, illegal or unlawful purpose including in any manner which may jeopardize, aﬀect or impair the operation of the Network and/or provision of the Service/s to other customers of TTL or cause public or private nuisance.
- Customer shall comply with all applicable laws, rules and regulations, any instructions issued by the Authorities or TTL, concerning the Customer’s use of the Service/s including but not limited to relevant tax laws and import control regulations.
- Customer shall furnish correct and complete information and documents as required by TTL from time to time.
- Customer shall not assign any right or interest in the Service/s provided hereunder without TTL’s prior written consent.
- Customer agrees and accepts that it is the Customer's responsibility to communicate its GST registration number to TTL and that any change in the GST registration number shall be considered only for invoices issued after the date of such communication to TTL by the Customer.
- Customer shall follow the processes speciﬁed by TTL from time to time with regard to the Service/s.
- Customer shall inform TTL in writing about any deﬁciency in Service/s within 7 days of occurrence of such deﬁciency. TTL shall, upon receipt of complete information about such deﬁciency, endeavor to get the deﬁciency rectiﬁed.
- Customer is not permitted to transfer the Service or any right or interest hereunder to any person, ﬁrm or company except transfer of ownership in the name of blood relation or Legal Hire, after obtaining NOC from transferor with New CAF and submission of all documents/information, payment of all charges and fulﬁllment of such conditions as may be speciﬁed by TTL from time to time.
- TTL will not be responsible for the service/s provided by the visiting operator(s) while in roaming.
- In case of any over charging the said amount shall be adjusted in the subsequent bill.
- The Customer shall not assign any right or interest in the Service/s provided hereunder without TTL’s prior written consent.
- Customer shall be responsible for safekeeping of Counterfoil/Receipt issued by TTL at the time of submission of CAF/POI/POA. All out station Customers shall provide a local reference and the connection shall be activated only on positive veriﬁcation of the local reference.
- If the connection of a Customer is temporarily suspended, any amount billed to the Customer during such suspension period shall be allowed as a discount to the Customer in the subsequent bill at the sole discretion of TTL.
- Service to your number is likely to get disconnected in case of non usage for 90 days (non usage is no voice call/ video call (incoming or outgoing) or outgoing SMS or data usage or usage of Value Added Services or rental payment for period of 90 days).
Cases wherein Advance Rental is paid/Safe Custody is opted for, will be exempted from disconnection due to non usage.
- No Plan Rentals will be charged during the safe custody period, only Safe Custody Rentals will be charged. (Safe Custody charges – Rs 50/month). aa) We (customer) hereby consent that our business & transaction related information provided to the company can be circulated to its employees and/or be used for internal case studies.
Limitation of liability:
- TTL does not guarantee uninterrupted or fault-free working of the Network or the Service/s and shall not be liable to the Customer or to any user or other person for injuries or damages or death resulting from operation of the Network/Service/s arising due to any events (including but not limited to ﬁre, explosion, war, riots, strikes, lockouts, picketing, boycotts, acts of government authorities, act of God, operations of other telecom or allied service providers).
- TTL makes no representation or warranty other than those speciﬁcally set forth herein and disclaims all warranties, express or implied.
- TTL shall not be liable to the Customer for any loss, costs or damage whatsoever or howsoever caused, arising directly or indirectly in connection with the Service/s.
- TTL expressly excludes liability for itself, its directors and its employees for any direct or indirect consequential loss, damage, economic or otherwise, including loss of proﬁts and loss of reputation even if advised of the possibility thereof including any liability for libel and/or slander arising out of a message or content received or sent by Customer via the Network.
- TTL may at its discretion, send to the Customer via Customer’s various informationfor the Customer using electronic media or otherwise.
- In the event that any exclusion contained herein shall be held to be invalid for any reason, and TTL becomes liable for loss or damage that it may otherwise not have been liable for, such liability shall be limited to refund of any deposits furnished by the Customer after adjusting the charges due by Customer.
Notwithstanding anything contained herein, TTL shall be entitled to suspend/ terminate the Service/s (whether temporarily or permanently) to recover all outstanding and dues from the Customer, without prejudice to, and in addition to any right or remedy available to TTL under any applicable law, if:
- The License is suspended/termi- nated temporarily or otherwise;
- At any time the Customer fails to satisfy the requisite credit checks or provides incorrect or misleading information;
- Customer fails to pay charges due on or before the due date/s.
- Customer is in breach of any other provision of these terms and conditions or is declared insolvent/bankrupt/ liquidated/dis- solved or a trustee or receiver is appointed to take over the assets of the Customer;
- The provision of Service/s (or any of them) to the Customer adversely aﬀects the Network or equipment of TTL or the provision of Service/s to other customers or if any approvals/consents/ permits which are necessary for facilitating provision of the Service/s to the Customer are revoked, discontinued or suspended.
- Any reconnection of Service/s shall be done at the sole discretion of TTL and fulﬁllment of other conditions as speciﬁed by TTL.
- Customer shall remain liable for the Charges during the period of suspension of Services.
- Your service is subject to getting disconnected if a Televeriﬁcation call is not initiated by you within 30 days of purchase of SIM.
Severability & Jurisdiction:
If any of these terms and conditions being held to be invalid, illegal or unenforceable such provision shall stand severed from the other provisions hereof and the same shall not in any manner aﬀect or impair any other provisions hereof those. Any disputes, shall be subject to the exclusive jurisdiction of the court/s situated in the city/town in which main oﬃce of TTL’s relevant circle (i.e. circle in which the Customer is registered with TTL) is located.
In case of complaint/dispute the Customer is requested to follow the procedure as described on the website www.tatadoco- mo.com for eﬀective and expeditious resolution.
Abridged Manual of Practice Contact Details of Call Centers:
For making an enquiry about any Service or for making a complaint on any grievance, Customer may contact our call centers on the following toll free numbers from TATA DOCOMO phone - Postpaid Customer 121, Corporate Customer 1515. Contact details of Nodal Oﬃcers: TTL has appointed Nodal oﬃcers in each of its Service Areas to attend and redress the Customer grievance if it has not been resolved to his satisfaction by the Call Center executives. The name, addresses, telephone numbers and e-mail ID’s of each of the Nodal oﬃcers are available in the Manual of Practice available on our website at www.tatadocomo.com and also available at each of our call centers, sales outlets, oﬃces of Nodal oﬃcers and oﬃce of Appellate Authority. Contact details of Appellate Authority (AA). TTL has appointed Appellate Authority in each of its Service Areas to attend and redress the Customer grievance if it has not been resolved to his satisfaction by the Nodal oﬃcer. If Customer is not satisﬁed with the resolution of Nodal oﬃcer, Customer may ﬁle an appeal against his/her order/decision before the Appellate Authority in the format available at the website www.tatadocomo.com. Time period within which grievances of Customer are redressed: by Call Center - If no Quality of service parameter is speciﬁed within 7 days, however for fault related complaints within 3 days. By Nodal Oﬃcer - within 10 days, however for fault or disruption of service related complaints within 3 days. By Appellate Authority - within 3 months. For full version of our Manual of Practice, please visit your nearest TATA DOCOMO center or visit our website at: www.tatadocomo.com.
Do Not Disturb & Telemarketing:
- To help you restrict unwanted communications on your mobile phone, we have implemented the Do Not Disturb facility. You can get your number listed for this facility by ticking it in CAF itself or you can also avail this facility by registering on our website www.tatadocomo.com
- To avoid unwanted telemarketing calls, register your telephone number with NDNC registry- call 1909 or send SMS “START 0” for fully blocked or for partially blocked send availing options “START 1, 2” as the case may be.
- If the ‘Yes’ check box is ticked against DND, all undesired communication to your phone will be restricted after 7 days from registering the request.
The keyword for various categories for partial Do Not CallServices are as follows:
- Banking/Insurance/ Financial Product/ Credit Card
- Real Estate
- Consumer Goods and Automobiles
- Communication/ Broadcast/ Entertainment/IT
- Tourism and Leisure.
Mobile Number Portability:
- A period of 90 days has expired from date of activation in case not ported earlier/or from date of activation of mobile number after last porting.
- There are no outstanding dues to Donor Operator by way of pending bills as per normal billing cycle but before the date of application for porting.
- There is no pending request for change of ownership of the mobile number.
- The mobile number sought to be ported is not sub-judice.
- Porting of the concerned mobile number not prohibited by court of Law.
- Porting request can be withdrawn within 24 hrs of applying. However, the porting charge is Non-Refundable.
- Request for change of mobile service provider within the same service area only.
The change over takes place on the 7th working day (15th working day in case of J&K, Assam and North East Service areas). Grounds of rejection:
- There are outstanding dues to Donor Operator by way of pending bills as per normal billing cycle but before the date of application for porting.
- The porting request has been made before expiry of a period of 90 days from date of activation of a new connection.
- A request of change of ownership of the mobile number is under process.
- The mobile number sought to be ported is under sub-judice.
- Porting of the mobile number has been prohibited by a Court of Law.
- If there is any objection in Port-In by Law Enforcement Agencies.
- Subscriber has applied for inter-service area porting.
- The unique porting code mentioned in the porting request does not match with the UPC allocated by the DO.
- There are subsisting contractual obligations in respect of which as exit clause has been provided in the subscriber agreement but the subscriber has not complied with such exit clause. Provided that DO rejects a porting request on the ground of subsisting contractual obligations, he shall give full details of such contractual obligations. For more details on Number portability eligibility/rejec- tion criterion, as laid down by regulatory, you may refer to our website www.tatadocomo.com