Terms & Conditions of Sam Online Services
1. Subscriber has to provide necessary documents and information to establish subscriber’s identification, legal status and business capacity. Sam Online shall
2. Sam Online shall have the right to temporarily disconnect, suspend or terminate the services for giving any false information by the subscriber in any document or otherwise including on the subscription form. If there is any change in the information given earlier, subscriber shall notify SamBD of such change, failure of which shall entitle Sam Online to suspend or terminate the services at its sole discretion.
3. Both parties undertake that any information received by one party marked as confidential shall be kept as confidential by the other party. Such information can only be revealed if it is found that it was already in the public domain or it was already available to the receiving party without violating this agreement or it is required by law. The information may be used solely to improve customer experience through ways of offering Sam Online products and services.
4. Sam Online has the exclusive right and jurisdiction of the title and ownership of the connection and equipment provided by SamBD.
5. Sam Online shall provide the services to the subscriber within the agreed timeline. However, in case of any delayed support Sam Online will notify the subscriber as soon as it is reasonably practicable.
6. Sam Online shall not be liable for disruption or discontinuation of its services due to any disturbance, congestion, cable cut or severance in other network(s) or reasons beyond its control.
7. Sam Online may temporarily suspend the services in whole or in parts for repair, maintenance, upgrading or circumstances beyond SamBD’s control; however, Sam Online will notify the subscriber as soon as it is reasonably practicable.
8. Sam Online will have the right to suspend or terminate the connection without further notice in case the subscriber uses the device/ terminal/IP on any resources provided by SamBD beyond the allocated number of connections or bandwidth capacity.
9. Sam Online shall has the exclusive right to change/increase/reduce the tariff charges, validity periods, package plans and any other agreed terms etc. at any time subject to official notification of such changes. No notification will be required if such changes take place due to any regulatory or government imposition.
10. Sam Online may keep the subscriber updated about any new information about the Sam Online services, if needed. SamBD reserves the right to communicate any of its offers and services related communication and/or message to the subscriber at any time and in any manner to keep the subscriber updated from time to time. Sam Online reserves the right to use the name of the subscriber in its materials for promotional or business purposes.
11. SamBD shall endeavor to provide the best possible service to its subscribers; however, the quality, reliability and availability of services may depend on various factors. In case of failure to achieve desired quality, reliability and availability of services due to any of the above factors, SamBD shall not be held liable.
12. The subscriber undertakes not to use Sam Online services to commit any unlawful act which might endanger national, social or economic interest, or damage SamBD reputation to other subscribers. Under such circumstances, SamBD shall have the exclusive right to discontinue the services of the subscriber and take appropriate legal measures. Subscriber shall indemnify Sam Online if it suffers any losses, damages or has to pay any penalty due to any unlawful usages of the subscriber.
13. Notwithstanding anything contained in this agreement any other information through Sam Online brochure, notification, published and/or broadcasted by SamBD regarding its services, service price, billing policy, credit policy etc. shall also be binding to this agreement.
14. Use of Sam Online Services is subject to its most current applicable usage policies.
15. Subscriber shall pay the agreed charges to Sam Online in its prescribed bill format strictly within the due date. SamBD shall have the right to disconnect, suspend or terminate the services to the subscriber if the bill is not paid in full within the due date mentioned on the bill. This right however shall not be deemed to have been waived, if Sam Online decides not to suspend or terminate the services despite the bill remaining unpaid.
16. Sam Online shall have the right to terminate or suspend the services to the subscriber if the total charges (‘billed1, ‘unbilled usage’ or ‘billed’ along with ‘unbilled usage’) accumulated at any time exceed the subscriber’s security deposit or the credit limit, whichever is applicable. This right, however, shall not be deemed to have been waived if SamBD decides not to suspend or terminate under such conditions.
17. Subscriber shall have to pay the “Shifting Charge” for shifting of connection.
18. If the subscriber’s connection has been suspended, disconnected temporarily, or disconnected permanently, the subscriber is entitled to reconnect by paying all outstanding payments.Due to payment default. If the connection has been permanently disconnected by SamBD for such circumstances, along with the full payment of the outstanding bill, the subscriber shall also be liable to pay reconnection fee as applicable.
19. Sam Online will retain ownership of all the optical network equipment provided to subscribers. In case of termination/Temporary stop of services, subscriber shall handover the equipment to SamBD without any delay. For any damage to that equipment, the subscriber shall compensate the value of the damaged equipment.
20. Unless provided by Sam Online, it is not responsible for any hardware/software including those which are available on the internet.
21. Sam Online has no control over the accuracy or appropriateness of any information on the internet and the subscriber shall be solely responsible for internet usage.
22. The subscriber undertakes to safeguard the equipment provided by SamBD from potential damage (i.e. misuse, negligence, fire, lightning, natural disaster, theft, sabotage, come in contact with water, drop from height). SamBD shall have the right to ask for damages from the subscriber for any harm caused to any equipment, software, or SamBD set-up deliberately, negligently or by careless handling.
23. Sam Online shall not be liable for any health hazard or problems otherwise caused by the use or abuse of the services and the equipment.
24. Subscriber shall solely be responsible for his/her own and his/her subscriber’s illegal data or voice transfer or traffic or bulk e-mail (spamming) or any other illegal operation. The sending of bulk email (spamming) is strictly forbidden and the subscriber’s account will be immediately terminated. Subscriber shall indemnify SamBD if it suffers any losses, damages or has to pay any penalty due to any unlawful usages of the subscriber.
25. Subscriber shall install proper electric connection, power, grounding, UPS, stabilizer etc. in his/her premises and in his/her own accord. Subscriber shall not relocate or move any equipment installed by SamBD without the permission.
26. SamBD shall not install any product/services, without authentic document from the signatory of this document and authorized representative of Sam Online, and also the clearance from revenue assurance department of the SamBD.
27. Without customers written request/consent for any upgrade/downgrade the bandwidth or any other changes will be not executed. For decreasing/ increasing bandwidth, temporary/permanently disconnection needed one month’s prior written notice.
28. The subscriber shall file its complaint about the services of Sam Online to the subscriber Help Desk.
29. Responsibilities of Sam Online are explicitly stated in this agreement as above and SamBD takes no other responsibilities besides those set in this agreement.
30. Notwithstanding anything to the contrary contained herein, SamBD shall not be liable for any reason or any representation, implied warranty or condition or other term at law or under the terms of this agreement for any losses, whether for loss of profit, actual or consequential or otherwise and whether occasioned by the negligence of Sam Online or its employees or agents or otherwise relating to the sale of the products and/or provision of services to the subscriber.
31. Sam Online reserves the right to change the above terms & conditions without prior notice.
32. Sam Online will not be held responsible if the usage of SamBD services are not compliant to BTRC or LEA (Law Enforcement Agency).