SERVICE LEVEL AGREEMENT
BRAINTREE, a company registered in Bangladesh and having its Registered Office: 1,2 Hazi Gafur Avenue, Amulia Model Town, Amulia, Demra, Dhaka-1360, Bangladesh. hereinafter referred to as “BRAINTREE” (which expression shall, where the context so admits, include its successors-in-interest, heirs, executors, legal representatives, administrators, agents and assigns) of the ONE PART
A company or individual user who is using any BRAINTREE Services hereinafter referred to as “Clients” (which expression shall, where the context so admits, include its successors-in-interest, heirs, executors, legal representatives, administrators, agents and assigns) of the OTHER PART.
OTHER PART AGREE THAT BY REGISTERING FOR, ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH ELASTIC. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
1.1 This agreement applies from when we accept your request for Service. Please read the terms carefully before activating Service with us.
1.2 By using and/or activating Service with us and/or clicking the accept button on the login/registration page you agree to be bound by this agreement. You also agree to permit BRAINTREE to use your logo, website, Contact for Advertisement/Marketing/Promotion or any other need. This also applies for third party’s if any related to those services. If you do not agree to the terms of the agreement, do not use the Service.
1.3 We may modify the agreement at any time. In accordance with clause 1.2, use of the Service constitutes acceptance of the agreement current at that point in time.
1.4 This agreement contains disclaimers and other provisions that limit our liability to you.
1.5 Term: This agreement takes effect on the day Services will be activated. By signing this agreement, the Client agrees to a minimum service period (“Minimum Term”) of One (1) Year for his/her Services. The agreement will stand automatically renewed at the expiry of minimum Term, unless BRAINTREE is notified in writing to the contrary, at least thirty (30) days prior to the expiration of the Minimum Term. If the Client terminates his/her Services during this Term, he/she will be liable to pay the charges equal to 30 days of Service.
1.6 Rates and Charges: As long as Client subscribes to BRAINTREE’s Services, Client agree to pay in advance applicable service rates for Service plans he/she has selected along with all charges property billed to his/her account. Such charges include (but are not limited to) a one-time non-recurring set-up fee and recurring monthly Service Charges and VAT. BRAINTREE reserves the right to increase/decrease these charges/tariffs and monthly packages by giving 15 days advance notice to the Client.
1.7 Late Charge: Payment is due on the date indicated on the Service bill, Any balance amount remain unpaid on the next billing date, shall be considered in default and will subject to a surcharge of five Percent (5%) of the unpaid balance due per month. In this meantime, client service can be temporarily terminated by systemically or manually until full payment of total dues and the bill will not be stopped during this temporary disconnection time.
1.8 Change of Service Plan: Client may change to another Service plan free of charge if no actual work is needed by BRAINTREE staff at Client’s premises. Written/emailed change of Service plan request from Client should reach BRAINTREE on or before 25th day of a calendar month for the new plan to take effect from 1st of next month. No charge of Service plan request will be entertained during the month.
1.9 Refund: Client may terminate Service by Giving BRAINTREE’s 30 days prior notice to claim a refund of already paid charge expect to initial for initial one-time setup/installation fee and cost of equipment. Refund of monthly charges will be calculated equal to the amount remaining against the time/traffic volume un-utilized by the Client from the date of filing refund claim with BRAINTREE. The minimum processing period for a refund request will be 14 Working days from the date of filing of the claim. Maximum refund amount should be equal of smaller than one-month service payment.
2.1 For internet/data service BRAINTREE will provide all cable and connection node till user side. All of the product provided by BRAINTREE is property of BRAINTREE. You are responsible for providing all hardware and other equipment required to access and use the Service (a ‘‘Unit’’). You are responsible for ensuring the compatibility of your Unit with the Service. The availability and performance of the Service are subject to all memory, storage and other Unit limitations.
2.2 Service is available to your Unit only when it is within the range of our Coverage.
2.3 All services are provided on an “as is” basis. We do not warrant that the Service is fault free or fit for any particular purpose, or that our system is secure. You assume all responsibility and risk for use of the Service.
2.4 We will always try to make the Service available, but it may be interrupted, limited or curtailed due to maintenance and repair work, transmission or equipment limitations/failures, collocation failures or due to an emergency. We are not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Service.
2.5 We reserve the right to immediately and without notice, suspend your access to the Service if we suspect that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself) or you have any due bill.
2.6 Network speed is no indication of the speed at which your Unit connected to the Service sends or receives data. Actual network speed will vary based on Unit configuration, compression and network congestion. The accuracy and timeliness of data sent or received are not guaranteed and you accept that delays or omissions may occur.
2.7 We do not warrant that any particular virtual private network will be compatible with the Service.
2.8 We will not supply any software to you in connection with the Service. If you use software packages, applications or configurations then you accept the risk of any failure of the Service resulting from the use of such software packages, applications or configurations.
2.9 Availability of Service: BRAINTREE will use its best efforts to provide Clients with quality Services without interruption, as far as technically feasible. However Service is subject to transmission limitation of BTRC’s control. Service may be temporarily unavailable or limited because of the unavailability of backbone or may other service provided by any third party services, which is not in control of BRAINTREE. Service to equipment modifications, upgrades, relocations, repairs and similar activities necessary for the proper operation of Service. However, in the event of a schedule interruption, reasonable notice will be given to the Client.
3.1 The Service is made available provided:
(a) You do not use the Service for anything unlawful, immoral or improper;
(b) You do not use the Service to make offensive or nuisance communications in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitating any content that is unlawful, defamatory, threatening, a nuisance, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), a breach of privacy, or which is otherwise objectionable;
(c) You do not use the Service to harm or attempt to harm minors in any way;
(d) You do not act nor knowingly permit others to act in such a way that the operation of the Service or our systems will be jeopardized or impaired;
(e) You do not use abusive or threatening behaviour towards other users of the Service, members of our staff or any person in the vicinity of a Wireless and/or LAN;
(f) You do not use the Service to access or use content in a way that infringes the rights of others;
(g) The Service is used in accordance with any third party policies for acceptable use or any relevant internet standards (where applicable).
3.2 You agree not to resell or re-broadcast any aspect of the Service, whether for profit or otherwise. You accept that your entitlement to use the Service is for your personal use only and that you shall not be entitled to transfer your entitlement to use the Service to any other person or allow any other person to make use of the Service or of any username or password or other entitlement supplied to you in connection with the Service.
3.3 You also agree not to modify the Unit or use the Service for any fraudulent purpose, or in such a way as to create damage or risk to our business, reputation, employees, subscribers, facilities, third parties or to the public generally.
3.4 You have no proprietary or ownership rights to any username or password or a specific IP address, or devices assigned to you or your Unit. We may change such addresses at any time or deactivate or suspend Service to any address without prior notice to you if we suspect any unlawful or fraudulent use of the services.
4.1 BRAINTREE does not control, nor is it in any way liable for, data or content that you access or receive via the Service. The Internet contains unedited materials, some of which may be sexually explicit or offensive to you. Whereas BRAINTREE use efforts to restrict such content BRAINTREE has no control over and accepts no responsibility for such materials.
4.2 BRAINTREE is not a publisher of third-party content that can be accessed through the Service and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service. You are responsible for evaluating such content.
4.3 It is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the service. IKEA will not be a party to nor in any way be responsible for any transaction concerning third party goods and services. You are responsible for all consents, royalties and fees related to third party vendors whose sites, products or services you access, buy or use via the Service.
4.4 BRAINTREE does not guarantee the accuracy, completeness or usefulness of information that is obtained through the Service.
4.5 If you choose to use the Service to access web sites or content provided by third parties or purchase products from third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies and BRAINTREE has no responsibility for their policies or third parties’ compliance with them.
4.6 BRAINTREE is providing Services to customers with charge or free of charge and is intended to support general uses activities. Due to limited bandwidth and to ensure a consistent experience for all customers.
4.7 BRAINTREE will provide telephonic Client support through its Technical & Support team on 24X7 Basis. Onsite Client support in case of physical line problem will be provided within 48 hours (excluding weekends and public holidays). As an IT service provider BRAINTREE’s responsibility is to extend connectivity to Client Premises Equipment installed by BRAINTREE. Connectivity beyond Client’s premises, additional charges for value-added services as per prevailing rates will be charged from the Client.
4.8 Claims: Claims against BRAINTREE shall be limited to recovery of no more than the sum(s) paid to BRAINTREE’s Service. BRAINTREE shall not be liable for any damages caused by delay in the delivery installation or furnishing of services, periodic, recurring interruption in Services being provided under this agreement.
4.9 Operating Environment: Client shall assume full responsibility for the overall effectiveness and efficiency of the operating environment in which BRAINTREE’s Service and/or equipments are to function. No action arising out of any claimed breach of the Agreement or transactions under the Agreement or regarding the Service may be brought by the Client more than 30 days after the cause of the action has accrued.
To ensure the provision of a quality of Service to all our customers and to ensure that the behaviour of some does not disadvantage the majority of our customers, you agree to abide by any fair use policy which we may apply. By default, BRAINTREE does not follow any Fair Usage Policy for any user until any abnormal behaviour monitored.
6.1 The registration process requests that you provide a username and a password, or your BRAINTREE Will provide a random username, password to be used to access the Service care panel. As stated in sections 3.2 and 3.3 your username and password are personal to you and are not transferable. You must treat your username and password as confidential and you must not disclose such detail to a third party. All information provided to us by you during the registration process shall be true and accurate and will be relied upon by us for the provision of the Service.
6.2 You are solely responsible for all use of and for protecting the confidentiality of your username and password. You are responsible for all activities that occur under your registration. Any breach of security of a username and password or anything related to service should be notified to us immediately. We have the right to disable your username and/or password or services at any time if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
6.3 Indemnity: BRAINTREE is not responsible for any injuries or loss to Client caused by Client’s use of Service. Client agrees to indemnify, defend and reimburse BRAINTREE of expenses, including attorney fees and claims for such losses and injuries including those arising out of negligence, tort or strict liability claims. This indemnity shall continue even after the term of this Agreement has expired and/or after the termination of this Agreement.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES & GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES & GUARANTEES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. BRAINTREE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY & GUARANTEES OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR-FREE.
For Tracking Device and Any Product which have lifetime WARRANTIES and/or GUARANTEES must be claimed by an active subscription subscriber. If subscriber unsubscribed service as a permanent or temporary basis for any period of time, the client/subscriber can not claim any lifetime WARRANTIES and/or GUARANTEES.
EVEN IF BRAINTREE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR DEVICE, ACCESS TO THE WORLDWIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
We can cancel this agreement immediately if any of the following happens:
(a) You break an important condition of this agreement or some less important conditions as determined by BRAINTREE.
(b) Clients can cancel BRAINTREE services after completing Minimum service period One Year (Twelve Month) with at least one month (Thirty days) pre Notice. Dues must be clear before cancellation of any service from BRAINTREE. Otherwise, BRAINTREE have full right to keep running Recurring bill, and client need to pay till complete of Twelve Month
(c) During termination clients have to return all services product provided by BRAINTREE such as Media converter, Onu, SFP, TJ Box, Cable, router, switch, tracker or any other related device or equipment.
12.1 BRAINTREE Provides device warranty which can be very for product to product and projects to projects even based on targeted time period or individual condition.
12.2 warranty of merchantability,
The warranty or guarantee does not cover the following:
– Products or accessory equipment not provided by Danimex Communication A/S.
– Failures or defects caused by misuse, abuse, accident, alteration or neglect
– Unauthorized installation, removal or repair
– Failure to follow instructions
– Force majeure: Fire, flood or other acts of nature, actions of third parties or other like events outside Danimex’ control
– Spills of food or liquids
– Power failure
– Periodic maintenance, repair and replacement of parts due to normal wear and tear
– Improper installation, maintenance, operation or repair
– Performance of the product when used in combination with other products or equipment not provided by Danimex Communication A/S.
– Payments for labour or service to representatives or service centres not authorized by either Danimex Communication A/S. or product manufacturer.
13.1 You may face limited service or no service problem due to unpaid invoice or inactive account issue.
13.2 You may face limited service or no service problem due to inappropriate device settings which are related to subscribed services.
13.3 You may face limited service or no service problem due to natural calamity, network issue, third party coverage problem, third party issue, strikes, civil commotion, riots, war; or any other act or event that is beyond the reasonable control of BRAINTREE.
14.1 You agree to indemnify us against any claims, demands, actions liabilities, costs or damages arising out of your use of the Service including any material that you access or make available using the Service, or violation of the agreement, including but not limited to use of the Service by you (or permitted by you) involving offensive or illegal material or activities that constitute copyright infringement. You furthermore agree to pay our reasonable legal fees and experts’ costs arising out from any actions or claims hereunder.
14.2 You agree to protect your username and password or other services related information. You are responsible for any usage of your account. If you become aware of any unauthorized or fraudulent usage of the Service via your account, you should notify us immediately.
14.3 You may not transfer or try to transfer any of your rights and responsibilities under this agreement without our consent. We may transfer our rights and responsibilities to any third party without your permission.
14.4 The laws applicable to the interpretation of these Terms and Conditions shall be the laws of the State of Delaware without reference to its conflict of law provisions.
14.5 This agreement shall not confer any benefit on a third party
14.6 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
14.7 We reserve the right to amend these terms and conditions at any time without any notice. It is clients duty to check updated terms and condition from time to time.
Latest terms and conditions will be accessible from our website https://www.BRAINTREEbd.com/terms-and-conditions/
How to contact us
Write to us at:
1,2 Hazi Gafur Avenue, Amulia Model Town, Amulia, Demra, Dhaka-1360, Bangladesh., Bangladesh.
and/or email us at:
and/or Call us at:
+88 (0) 1714420001
and/or visit: https://www.braintreebd.com/contact/ Last Modified: 20th March 2022