Terms & Conditions
Last Updated: January 29, 2026
Welcome to SmartISP.in!
These Terms and Conditions are governed by the laws of India. By accessing and using our services, you agree to comply with and be bound by these Terms and Conditions in accordance with the Information Technology Act, 2000, Indian Contract Act, 1872, Consumer Protection Act, 2019, and all other applicable laws of India.
1. Definitions and Interpretation
1.1 Definitions
- "Service Provider" means PSNET SOLUTIONS (as per GST/trade license), operating from 3rd Floor, Jeans Corner, Tamluk , Tamluk Srirampur Road ,Kulberia, Nimtori, Purba Medinipur, West Bengal, India, Pin: 721649
- "Client" or "You" means the person or entity using our services
- "Services" means all technology solutions provided by SmartISP.in
- "Agreement" means these Terms and Conditions along with any service-specific agreements
- "Applicable Laws" means all laws, rules, and regulations applicable in India
1.2 Legal Framework
These Terms are subject to:
- Information Technology Act, 2000 and Rules thereunder
- Indian Contract Act, 1872
- Consumer Protection Act, 2019
- Digital Personal Data Protection Act, 2023
- Indian Copyright Act, 1957
- Goods and Services Tax Act, 2017
2. Acceptance of Terms
By accessing or using SmartISP.in services, you acknowledge that you:
- Have read, understood, and agree to be bound by these Terms and Conditions
- Agree to comply with our Privacy Policy and Refund/Cancellation Policy
- Have the legal capacity to enter into a binding contract under Indian law
- Are at least 18 years of age or have parental/guardian consent
- Agree to comply with all applicable laws of India
If you do not agree with any part of these terms, you must not use our services.
3. Service Description
SmartISP.in provides technology solutions and services for Internet Service Providers (ISPs) and Cable Service Providers, including but not limited to:
- Radius Server Setup and Management
- Network Management System (NMS) Server
- OLT/ONU Management and Configuration
- IP PBX Server Solutions
- Speed Test Server Setup
- Syslog Server Implementation
- ISP Network Design and Consulting
- Custom Software Solutions
- VPN and Security Solutions
- WiFi Management Systems
4. Service Agreement
4.1 Scope of Services
Services will be provided as described in the specific service agreement or quotation provided to the client. Any modifications to the agreed scope must be documented and mutually agreed upon in writing as per the Indian Contract Act, 1872.
4.2 Service Delivery
We commit to delivering services within the agreed timeline. However, delivery schedules may be subject to change due to:
- Force majeure events as defined under Section 56 of Indian Contract Act, 1872
- Client delays in providing required information or resources
- Technical dependencies or third-party service availability
- Government orders, regulations, or legal requirements
4.3 Client Responsibilities
Clients are responsible for:
- Providing accurate and complete information
- Timely provision of required access credentials and resources
- Maintaining confidentiality of access credentials
- Backing up their data before service implementation
- Ensuring compliance with applicable Indian laws and regulations including IT Act, 2000
- Obtaining necessary licenses and permissions for ISP operations
- Compliance with telecom regulations and TRAI guidelines
5. Payment Terms and GST
5.1 Pricing and Currency
All prices are quoted in Indian Rupees (INR) and are subject to:
- Goods and Services Tax (GST) as applicable under GST Act, 2017
- Any other taxes, duties, or levies as may be applicable under Indian law
- Variation based on scope and complexity of services required
5.2 GST Compliance
As per GST Act, 2017:
- GST will be charged at applicable rates (currently 18% for most IT services)
- GST invoices will be issued as per GST regulations
- Input Tax Credit (ITC) eligible invoices will be provided
- GSTIN will be mentioned on all tax invoices
- E-invoicing will be done as per government mandates
5.3 Payment Schedule
- One-time Services: Full payment or advance as agreed before commencement
- Recurring Services: Monthly, quarterly, or annual billing as per agreement
- Project-based Services: Milestone-based payments as defined in the agreement
5.4 Payment Methods
Payments can be made through:
- Bank Transfer (NEFT/RTGS/IMPS)
- UPI Payments
- Online Payment Gateway (as per RBI guidelines)
- Cheque/Demand Draft (payable at Daspur, West Bengal)
5.5 Late Payments
As per the agreed payment terms, payments not received within 7 days of the due date may result in:
- Suspension of services after written notice
- Interest charges as per Section 3 of Interest Act, 1978 or 2% per month, whichever is lower
- Service termination after 30 days of non-payment with written notice
- Legal action for recovery as per applicable laws
5.6 TDS Deduction
If applicable, clients must deduct Tax Deducted at Source (TDS) as per Income Tax Act, 1961 and provide TDS certificates within the stipulated time.
6. Service Level Agreement (SLA)
6.1 Support Services
- Email Support: Response within 24-48 hours (during business days)
- Phone Support: Available during business hours (10:00 AM - 6:00 PM IST, Monday to Saturday)
- Emergency Support: Available for critical issues (additional charges may apply)
- WhatsApp Support: Quick query resolution during business hours
6.2 Service Uptime
For hosted services, we strive for 99.5% uptime excluding:
- Scheduled maintenance (communicated 48 hours in advance)
- Force majeure events
- Client-side issues or internet connectivity problems
- Third-party service provider outages
6.3 Service Standards
Services will be provided in accordance with industry standards and best practices applicable in India, including relevant ISO standards and TRAI guidelines where applicable.
7. Intellectual Property Rights
7.1 Compliance with Indian IP Laws
All intellectual property rights are protected under:
- Indian Copyright Act, 1957
- Patents Act, 1970
- Trade Marks Act, 1999
- Information Technology Act, 2000
7.2 Ownership
- All proprietary software, tools, and methodologies remain our intellectual property
- Custom developments become client property upon full payment and execution of assignment deed
- We retain the right to use generic solutions and reusable components developed for other clients
- Client cannot reverse engineer, decompile, or disassemble our proprietary software
7.3 Client Data
You retain all rights to your data. We process your data only as necessary to provide our services and in accordance with:
- Our Privacy Policy
- Digital Personal Data Protection Act, 2023
- Information Technology Act, 2000 and Rules thereunder
7.4 Licensed Software
Use of any third-party licensed software will be subject to the respective license agreements and Indian laws governing software licensing.
8. Confidentiality
As per Section 72 of Information Technology Act, 2000, both parties agree to maintain strict confidentiality of:
- Proprietary information and trade secrets
- Client data and network configurations
- Business strategies and financial information
- Customer databases and personal information
- Technical documentation and source code
- Any information marked as confidential
Unauthorized disclosure may result in legal action under IT Act, 2000 and other applicable laws of India.
9. Liability and Warranties
9.1 Service Warranty
We warrant that:
- Services will be performed with reasonable skill and care in accordance with industry standards
- Services will comply with applicable Indian laws and regulations
- We have necessary rights and licenses to provide the services
- Services will not infringe any third-party intellectual property rights
9.2 Limitation of Liability
Subject to the Consumer Protection Act, 2019 and other mandatory provisions of Indian law:
- Our total liability is limited to the amount paid for the specific service in the preceding 12 months
- We are not liable for indirect, incidental, or consequential damages
- We are not liable for loss of profits, data, or business opportunities
- We are not liable for damages resulting from third-party services or products
- We are not liable for damages due to client's misuse of services or non-compliance with terms
9.3 Indemnification
You agree to indemnify and hold harmless SmartISP.in from any claims, losses, damages, or expenses arising from:
- Your violation of these Terms or applicable laws
- Your use or misuse of the services
- Infringement of any third-party rights
- Your breach of confidentiality obligations
9.4 Force Majeure
As per Section 56 of Indian Contract Act, 1872, neither party shall be liable for delays or failures due to events beyond reasonable control, including:
- Acts of God (earthquakes, floods, storms, etc.)
- War, terrorism, civil unrest, or riot
- Government actions, orders, or regulations
- Strikes, lockouts, or labor disputes
- Internet or telecommunications failures
- Pandemic or epidemic situations
- Fire, explosion, or other disasters
10. Service Termination
10.1 By Client
Clients may terminate services by:
- Providing 30 days written notice via registered post or email
- Settling all outstanding dues and charges
- Returning any equipment or materials provided by us
Refunds will be processed as per our Refund/Cancellation Policy and Consumer Protection Act, 2019.
10.2 By SmartISP
We may terminate services with written notice if:
- Payment obligations are not met after 30 days despite reminders
- Client violates these terms or applicable Indian laws
- Client engages in fraudulent or illegal activities
- Services are used to harm our systems or other clients
- Client misuses services in violation of IT Act, 2000
Termination will be effected after providing reasonable opportunity to remedy the breach.
10.3 Effect of Termination
Upon termination:
- Access to services will be suspended or terminated
- Client data will be returned or securely deleted as per agreement
- All outstanding payments become immediately due
- Confidentiality obligations continue to apply
11. Acceptable Use Policy
As per Information Technology Act, 2000 and other applicable laws, clients must not use our services for:
- Illegal activities or violation of any Indian laws
- Publishing or transmitting obscene material (Section 67 of IT Act)
- Child pornography or sexually explicit content (Section 67B of IT Act)
- Spamming, phishing, or distributing malware
- Hacking, denial-of-service attacks, or unauthorized access (Section 66 of IT Act)
- Identity theft or impersonation (Section 66C and 66D of IT Act)
- Copyright infringement or intellectual property violations
- Defamation or harassment
- Spreading misinformation or fake news
- Activities that harm our infrastructure or other clients
- Violation of reasonable security practices (Section 43 of IT Act)
Violation may result in immediate termination and legal action as per applicable laws.
12. Data Protection and Privacy
We are committed to protecting your privacy and handling your data responsibly in compliance with:
- Digital Personal Data Protection Act, 2023
- Information Technology Act, 2000 and Rules thereunder
- Information Technology (Reasonable Security Practices) Rules, 2011
Please refer to our Privacy Policy for detailed information.
13. Modifications to Terms
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective upon:
- Posting to our website with updated "Last Updated" date
- Email notification to registered users for significant changes
- Reasonable notice period (minimum 15 days) for material changes
Continued use of services after changes constitutes acceptance of modified terms. If you do not accept the changes, you must discontinue using our services.
14. Grievance Redressal
As per Information Technology Rules, 2021, we have designated a Grievance Officer to address your concerns:
- Email: sales@smartisp.in
- Phone: 9647880008
- Response Time: Within 48 hours of receipt
- Resolution Time: Within 15 days from receipt of complaint
15. Dispute Resolution and Arbitration
15.1 Amicable Resolution
In case of any dispute, controversy, or claim arising out of or relating to this Agreement, both parties agree to first attempt resolution through good faith negotiations for a period of 30 days.
15.2 Mediation
If negotiation fails, disputes will be referred to mediation through a mutually agreed mediator. Mediation proceedings shall be conducted in accordance with Indian laws.
15.3 Arbitration
If mediation fails, the dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996:
- Arbitration shall be conducted by a sole arbitrator mutually appointed by both parties
- If parties fail to agree on an arbitrator within 30 days, appointment shall be made as per the Act
- Seat of arbitration shall be Paschim Medinipur, West Bengal, India
- Language of arbitration shall be English or Hindi
- Arbitration shall be governed by Indian law
- The arbitral award shall be final and binding on both parties
15.4 Consumer Forum
As per Consumer Protection Act, 2019, consumers have the right to approach:
- District Consumer Disputes Redressal Commission: For claims up to ₹1 Crore
- State Consumer Disputes Redressal Commission: For claims between ₹1 Crore to ₹10 Crore
- National Consumer Disputes Redressal Commission: For claims above ₹10 Crore
Nothing in this Agreement shall limit or waive your statutory rights under the Consumer Protection Act, 2019.
15.5 Jurisdiction and Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Subject to arbitration clause above, the courts at Paschim Medinipur, West Bengal, India shall have exclusive jurisdiction over any disputes.
16. Miscellaneous Provisions
16.1 Entire Agreement
These Terms, along with our Privacy Policy, Refund Policy, and service-specific agreements, constitute the entire agreement between parties and supersede all prior agreements, representations, and understandings.
16.2 Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction in India, the remaining provisions shall remain in full force and effect.
16.3 Waiver
No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Failure to enforce any right does not constitute a waiver of that right.
16.4 Assignment
You may not assign, transfer, or sub-contract your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations to any successor, affiliate, or third party without notice.
16.5 Electronic Communications
As per Information Technology Act, 2000:
- Electronic records and digital signatures shall be valid and enforceable
- Emails and electronic notices shall be deemed valid service
- Electronic contracts shall have the same legal validity as paper contracts
16.6 Language
This Agreement is executed in English. In case of translation into any other language, the English version shall prevail.
16.7 Notices
All notices under this Agreement shall be sent to:
- PSNET SOLUTIONS: 3rd Floor, Jeans Corner, Tamluk , Tamluk Srirampur Road ,Kulberia, Nimtori, Purba Medinipur, West Bengal, India, Pin: 721649
- Email: sales@smartisp.in
- Phone: 9647880008
16.8 Compliance with Indian Laws
Both parties agree to comply with all applicable Indian laws including but not limited to:
- Information Technology Act, 2000
- Digital Personal Data Protection Act, 2023
- Indian Copyright Act, 1957
- Consumer Protection Act, 2019
- GST Act, 2017
- Indian Contract Act, 1872
- Telecom Regulatory Authority of India (TRAI) regulations
Important Legal Notice:
These Terms and Conditions are legally binding under the laws of India. By using our services, you acknowledge that you have read, understood, and agree to be bound by all provisions. If you have questions or concerns, please contact us before using our services.
Consumer Rights:
Your statutory rights under the Consumer Protection Act, 2019 and other applicable Indian laws are not affected by these Terms and Conditions. You have the right to approach Consumer Forums for grievance redressal.
Questions About Our Terms?
If you have any questions regarding these Terms and Conditions, please contact us:
9647880008
sales@smartisp.in
3rd Floor, Jeans Corner, Tamluk , Tamluk Srirampur Road ,Kulberia, Nimtori, Purba Medinipur, West Bengal, India, Pin: 721649