A. General

1. • Residential Use Only: Unless otherwise permitted by Sky Broadband in writing, Sky Broadband Home Package is only available to customers for residential use and shall not be resold or used for business purpose. Sky Broadband reserves the right to terminate service if the CUSTOMER is found doing so. Sky Broadband does not allow billing in company name for residential packages.
   • Registration and Documentation: CUSTOMER confirms that they are:
     (i) 18 years or older, if an individual, or,
     (ii) be a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept this Agreement and acting through CUSTOMER’s duly authorized representative.
     CUSTOMER must submit
     (i) If an individual, a copy of Citizenship/Passport/Driving License and two recent passport size photos
     (ii) if an institution, a copy of Company Registration and PAN/VAT Registration. CUSTOMER confirms that all information provided to Sky Broadband is accurate including name, address and documents submitted. CUSTOMER is responsible for keeping all registration data accurate and must contact Sky Broadband to update any changes with supporting documentation.
   • IP Address: Unless otherwise specified, Sky Broadband Home Internet packages are provided with Private IP.
   • Sky Broadband exercises no control whatsoever over the content of the information passing through its network. Sky Broadband makes no warranties of any kind, whether expressed or implied, for the service it is providing. Sky Broadband also disclaims any warranty of merchantability or fitness for a particular purpose. Sky Broadband will not be responsible for any damage CUSTOMER suffers. This includes loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence or CUSTOMER’s errors or omissions. Use of any information obtained by Sky Broadband’s network is at CUSTOMER’s own risk. Sky Broadband specifically denies any responsibility for the accuracy or quality of information obtained through its services.
   • Sky Broadband’s network may only be used for lawful purposes. Transmission of any material in violation of any Nepal law or foreign laws or regulations is prohibited. This includes, but is not limited to: copyright material, material legally judged to be threatening or obscene, or material protected by trade secret law. CUSTOMER agrees to indemnify and hold harmless Sky Broadband from any claims resulting from CUSTOMER’s use of the service which damages CUSTOMER or another party. The CUSTOMER shall solely bear all consequences and responsibilities for any kind of illegal activities conducted via internet.
   • No Resale: The CUSTOMER should not resell or re-distribute internet services without written permission from Sky Broadband. The link can only be used for CUSTOMER’s usage and cannot be provided for use to any other individual/s or party/ies. Sky Broadband shall not be held responsible for anyway if there are any unlawful activities of customers of CUSTOMER. Any consequences resulting from redistribution/illegal use shall be borne by CUSTOMER. Sky Broadband reserves the right to deny or terminate service immediately if the same is found.
   • The CUSTOMER have to abide by the Rules and Regulations of the Government of Nepal. If the CUSTOMER is found to be involved in activities that violate the rules, the service shall be terminated immediately without any prior notice. The CUSTOMER shall be solely responsible for such violations.
   • Operational Limits/Force Majeure: Neither party shall be liable to the other under this Agreement for any failure in performance that is due to causes beyond its reasonable control, including, but not limited to, acts of nature, governmental actions, fires, and civil disturbances, interruption of power or transportation problems.
   • Sky Broadband is committed to providing reliable and high quality internet connectivity to the CUSTOMER. The link shall be provided 24 hours. Sky Broadband makes no warranties or representations that any Service will be uninterrupted or error-free. The CUSTOMER accepts all Services provided hereunder “as is” without warranty of any kind.
   • Speed: Sky Broadband guarantees latency and speed within its own backbone and access network through direct-wired connection only. The speeds CUSTOMER have signed up to be the optimum network speed under normal operating conditions. Actual speeds could be less due to factors like upstream provider constraints, internet site specific issues, line quality & length, exchange type, quality of wireless device, distance from server, customer premises interference, and traffic, number of device/users, customer device performance, hardware and software. Sky Broadband’s service is designed to provide CUSTOMER with the highest speed available from the network at any given point in time, subject to the factors including but not limited to the above that may not be directly controllable by Sky Broadband.