FiberHome Terms and Conditions

The terms and conditions listed below are subject to change. We may change any terms, conditions, rates, fees, expenses, or charges regarding CUSTOMER’s Service at any time. We also reserve the right to modify or discontinue the Service, temporarily or permanently. We will provide CUSTOMER with notice of material changes via CUSTOMER’s registered account e-mail address. CUSTOMER may find the latest terms and conditions at our website by visiting the following link: www.vianet.com.np/fiberhometerms. It is CUSTOMER’s responsibility to check for any such notices. CUSTOMER’s continued subscription to the Service after the effective date of the change constitutes CUSTOMER’s acceptance of such changes.

1. General
   • Residential Use Only: Unless otherwise permitted by Vianet in writing, Vianet Home Package is only available to customers for residential use and shall not be resold or used for business purpose. Vianet reserves the right to terminate service if the CUSTOMER is found doing so. Vianet 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 Licence 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 Vianet is accurate including name, address and documents submitted. CUSTOMER is responsible for keeping all registration data accurate and must contact Vianet to update any changes with supporting documentation.
   • IP Address: Unless otherwise specified, Vianet Home Internet packages is provided with Private IP.
   • Vianet exercises no control whatsoever over the content of the information passing through its network. Vianet makes no warranties of any kind, whether expressed or implied, for the service it is providing. Vianet also disclaims any warranty of merchantability or fitness for a particular purpose. Vianet 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 Vianet’s network is at CUSTOMER’s own risk. Vianet specifically denies any responsibility for the accuracy or quality of information obtained through its services.
   • Vianet’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 agree to indemnify and hold harmless Vianet 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 Vianet. The link can only be used for CUSTOMER’s usage and cannot be provided for use to any other individual/s or party/ies. Vianet 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. Vianet 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 violates 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.
   • Vianet is committed to providing reliable and high quality internet connectivity to the CUSTOMER. The link shall be provided 24 hours. Vianet 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: Vianet guarantees latency and speed within its own backbone and access network through direct-wired connection only. The speed CUSTOMER have signed up to is 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, traffic, number of device/users, customer device performance, hardware and software. Vianet’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 Vianet.

2. Service/Package
   • Internet package price is inclusive of Telecommunication Service Charge and Basic Support Service charge. Basic Support charge consists of 24×7 phone support and service maintenance up to Client Optical Termination Box.
   • Payment: The service is pre-paid. Payment for the package subscribed must be made in full before service can be used. Non-payment will result in automatic service suspension until full-payment is received.
   • Package Renewal: The CUSTOMER can renew their service package themselves via Vianet Customer Portal or Vianet mobile App and can pay package amount online or in person within two days of renewal. Non-payment of renewal amount will result in automatic service suspension until full-payment.
   • Package Expiry: If the CUSTOMER fails to renew the service before its expiration, Vianet has the right to automatically discontinue the service without prior notice.
   • Package Disable: If the CUSTOMER has any unpaid bills of Vianet, and has exceeded the grace days provided to pay the bills, Vianet will disable the service of the customer.
   • Package Upgrade: CUSTOMER may upgrade their package in the middle of their subscription, however, package change charges will apply.
   • Data usage: Data usage will be calculated via the cumulative sum of total data usage, upload and download. Unused data will not be carried over to next renewal.
   • Service Contract: Service contract shall remain valid till the service/package is active.
   • Service Transfer: The service provided is for exclusive use by CUSTOMER and it may not be assigned, transferred or shared with any other without prior written consent of Vianet and the receiving party. Service Transfer charges will be applicable as per company policy.
   • Pausing Service: Vianet will not hold the account of the CUSTOMER in the service duration and is not liable to reimburse the amount of unused service at any later date.
   • Service Termination: If CUSTOMER does not renew package for more than 2 weeks after current package expiration, Vianet reserves the right to terminate the service and disconnect physical fiber connection.
   • Service Re-activation: Regular installation charges shall be applicable if the CUSTOMER chooses to re-activate the service after service termination.
   • Relocation Policy: Relocation of service is subject to Vianet’s fiber network coverage and availability. CUSTOMER shall provide at least 15 working days prior notice for relocation. Relocation charges will apply as per company’s current policy.

3. Support Service:
   • Phone Support: Vianet shall provide Internet support 24×7 via telephone.
   • On-site Support: On-site support, if deemed necessary, shall be attended within 48 hours. Charges may apply for on-site support as per company policy.
   • Additional charges may apply as per company policy for equipment/parts, last mile fiber cable and accessory replacements.
     Non-payment of such charges may result in disconnection of the CUSTOMER’s Internet service.
   • Service Demarcation Point: Service demarcation point is the ONU Device provided by Vianet. Vianet shall be responsible for internet connectivity up to the Service Demarcation Point only.
   • Installation/Setup: Vianet shall provide one time setup and primary router configuration service. Internal networking will not be the responsibility of Vianet.

4. Access & Equipment Ownership and Warranties:
   • Access & Installation of Equipment: CUSTOMER will provide Vianet and its subcontractors with reasonable access to their premises in order to install, maintain, and repair the Service. CUSTOMER understands and agrees that Vianet may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces) in order to install, maintain, or repair the Service. If CUSTOMER does not own the premises, CUSTOMER warrants that they have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to allow Vianet and its subcontractors reasonable access to install, maintain, and repair the Service and to make any alterations Vianet deems appropriate for the work to be performed.
   • CUSTOMER acknowledges that Vianet will not be responsible for the loss of and or damage of CUSTOMER property. CUSTOMER should be present during installation. CUSTOMER should be responsible for moving or safekeeping of their property during installation. Special attention to be given to TV sets as it may be required to be moved during installation. We request CUSTOMER to move the TV set to avoid any accidents.
   • Cable Installation and Inside Wiring: CUSTOMER will be responsible for ensuring feasibility of extending Vianet cables from nearest Vianet distribution point to the necessary devices at their location. This includes having necessary poles/wire access.
   • Dock or Underground wiring systems: Unless otherwise stated, Vianet does not operate on Dock or Underground wiring systems. Client will be responsible to make necessary arrangements to install Vianet cables through the dock or underground system.
   • Vianet will not be responsible for any beautification during cable installation process for both fiber and ethernet. This means Vianet will not be responsible for clipping wires on walls, hiding the cables, installing cables through false ceiling/docks/underground wiring systems, or installing wire ducts. Vianet will be extending cables to the necessary devices only.
   • Cable charges and installation charges will be applicable as per company policy.
     Non-payment of such charges may result in disconnection of the CUSTOMER’s Internet service.
   • ONU (Optical Network Unit): ONU device shall be provided on rental basis and will be the property of Vianet. CUSTOMER should return the ONU device upon discontinuation of Vianet link. Refundable deposit will be returned to CUSTOMER after working ONU device with original receipt is returned to the company.
   • ONU Warranty: Vianet provides 6 months warranty on ONU against manufacturing and software defects. Any damage caused to device by activities not covered by warranty is chargeable at full price of the device.
   • Other Equipment: Any other equipment installed at CUSTOMER premises by Vianet, but not sold to the CUSTOMER, shall remain the property of Vianet. If any equipment under Vianet ownership is damaged, mishandled, destroyed, lost or stolen while in CUSTOMER’s premises, the CUSTOMER shall be liable for the cost of repair or replacement of the equipment. Other equipment includes patch cable and FTTH terminal box.
     Non-payment of such charges may result in disconnection of the CUSTOMER’s Internet service.
   • Wi-Fi Router Policy: Vianet shall only act as reseller for any routers sold through Vianet. For any defects or support related to router, CUSTOMER should directly contact related brand’s service centre.
     CUSTOMER should confirm purchase of router before their scheduled installation/set-up date. Wi-Fi- routers provided/sold by Vianet will include warranty period as per the router’s brand. Once sold, return of routers will not be entertained. Vianet will not be responsible in providing any support related issues of routers.
     Non-payment of any routers purchased from Vianet may result in disconnection of the CUSTOMER’s Internet service.
   • Return of Equipment: Except as otherwise provided, Vianet Equipment must be returned to Vianet undamaged, within twenty-one (21) calendar days after CUSTOMER’s Service is terminated for any reason. If equipment is not returned within twenty-one (21) calendar days, or is returned damaged, CUSTOMER will be charged in full for the equipment. We may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if CUSTOMER fail to return the Vianet Equipment within this time period.
   • Equipment retrieval: If the service is terminated for any reason, it is the CUSTOMER’s responsibility to return equipment and accessories owned by Vianet to Vianet. However, in the event Vianet shall uninstall and take back its belongings from the CUSTOMER’s premises, the CUSTOMER agrees to provide Vianet unhindered access to uninstall the equipment within its premises for this purpose. In case of theft and/or loss or damage of the installed equipment owned by Vianet, CUSTOMER agrees to reimburse Vianet for the full value of the missing equipment.

5. Refund Policy
   • Vianet has a strict no refund policy for payments other than the deposit amount collected for devices provided to the CUSTOMER.

6. Fair usage Policy
   • This policy is applicable to all of Vianet’s internet plans. This policy is aimed to ensure Vianet is able to provide quality internet services to all our customers, and no customers are disadvantaged by the behaviour of others.
     If CUSTOMER uses Vianet’s services to what is deemed to be unreasonable, Vianet reserves the right to significantly reduce internet speed without notice as well as restrict or terminate the service without notice if necessary.
     We consider unreasonable unlimited internet use to occur when usage activity adversely affects any part of Vianet’s network, adversely affects our ability to provide our services or adversely affects the ability of other Vianet customers to use a service. For more details please visit www.vianet.com.np/fair-usage-policy. .

ViaTV Subscription Terms and Conditions:

1. Vianet Internet Connection must be active for use of ViaTV service through Vianet.

2. ViaTV Service: VIATV provides an informative and entertainment services (Services) such as broadcasting Live TV channels including the catch up TV feature. Services are not only limited to the linear TV channels content but also includes Catch-up TV, Online Digital Contents like Movies, TV shows, User Generated Contents at a price and on the terms and conditions as set out in this agreement. Agreeing to these Terms and Conditions, VIATV permits you a non-exclusive, non transferable, right to access and use multi screen web and apps, view the channel(s), view the Digital Content(s) VIATV platform, enables the multi login detection feature. The site content, site code, app code and app content are owned by VIATV and/or its licensors and content providers, and are protected by applicable domestic copyright laws. Unless expressly permitted elsewhere in the site & apps by VIATV, you shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Site Code, in whole or in part. Any rights not expressly granted to you are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

3. Copyright Infringement: You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through the Service(s). Vianet assumes no responsibility, and you assume all risks, regarding the determination of whether material is in the public domain, or may otherwise be used by you for such purposes.

4. ViaTV Subscription: User may apply for the termination of the monthly subscription anytime. His/her subscription would get terminated effective from the date of already purchased subscription expiry and would not be charged form the next month onwards. VIATV users once bought any Live TV channel/movie in the a-la-carte is not provisioned to be refunded. If there occurs technical difficulties in the Live TV channel/movie service, then the respective payment for the respective subscription shall only be refunded to the VIATV wallet of the user. VIATV does not provision to refund any amount once recharged in to the VIATV account wallet via any payment gateways, payment gateways here includes-payment via ISP partner, eSewa, iPay, sctnpay, VIATV scratch card. VIATV users once bought any package(channel or movie) and wish to cancel the channel/movie that the user bought in a-la-carte is not provisioned to be refund. VIATV will not refund any not utilized top up balance for any other part of the Services.

5. Broadcast: VIATV ensures to make all the reasonable efforts to make reach the Content to every User. User accepts that at times this may be affected by things beyond the control of VIATV due to force including interruptions due to storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature and agrees that VIATV shall not be liable for any delay or disruption caused by such interruptions. On occasion, technical problems may delay or prevent the delivery of the product services summonsed by the User. Users accepts that some aspects of the Services entail the ongoing involvement of the VIATV and that interruptions or discontinuation may occur when VIATV is implementing any changes to the Services and that the User may not be able to use the Services to the same extent as prior to such change that VIATV shall not be accountable for any delay or disruption caused by such interruption. VIATV holds the right to change, suspends, remove or disable access to any Services, contents or other materials comprising any part of the Services at any time without notices.

6. Vianet TV Set-Top-Box: If client has purchased a TV Set-Top-Box from Vianet, unless otherwise stated, TV Set-Top-Box shall be provided on rental basis and will be the property of Vianet. Client should return the device upon discontinuation of TV service. Refundable deposit will be returned to client after working TV Set-Top-Box and accessories with original receipt is returned to the company.
   If TV Set-Top-Box is not returned within twenty-one (21) calendar days of their service being terminated for any reason, CUSTOMER’s refundable deposit paid for the device will be retained by Vianet as a penalty for not returning the device within the acceptable time frame.

7. TV Set-Top-Box Warranty: Vianet provides 6 months warranty on TV Set-Top-Box against manufacturing and software defects. Any damage caused to device by activities not covered by warranty is chargeable at full price of the device.

8. Access & Installation of Equipment: You will provide Vianet and its subcontractors with reasonable access to your premises in order to install, maintain, and repair the Service and you authorize any other Adult resident or guest at your residence (each, an Authorized User for purposes of this Agreement) to grant access to your premises for these purposes. You understand and agree that Vianet may drill, cut, and otherwise alter improvements on the premises (including walls, flooring, and/or other surfaces) in order to install, maintain, or repair the Service. If you do not own your premises, you warrant that you have obtained permission from any necessary party, including but not limited to the owner, landlord, or building manager, to allow Vianet and its subcontractors reasonable access to install, maintain, and repair the Service and to make any alterations Vianet deems appropriate for the work to be performed.

9. Cable Installation and Inside Wiring: Client will be responsible for ensuring feasibility of extending Vianet cables from nearest Vianet distribution point to the necessary devices at client’s location. This includes having necessary poles/wire access.

10. Dock or Underground wiring systems: Unless otherwise stated, Vianet does not operate on Dock or Underground wiring systems. Client will be responsible to make necessary arrangements to install Vianet cables through the dock or underground system.

11. Vianet will not be responsible for any beautification during cable installation process for both fiber and ethernet. This means Vianet will not be responsible for clipping wires on walls, hiding the cables, installing cables through false ceiling/docks/underground wiring systems, or installing wire ducts. Vianet will be extending cables to the necessary devices only.

12. Cable charges and installation charges will be applicable as per company policy.

13. Relocation Policy: Relocation of service is subject to Vianet’s fiber network coverage and availability. Client shall provide at least 15 working days prior notice for relocation. Relocation charges will apply as per company’s current policy. Charges will be applicable for shifting of devices in the building.

14. Service Transfer: The ViaTV service or device may not be transferred, exchanged or resold to another party or another internet account. The service is provided exclusively for the client and the internet account it is associated with. If it is deemed necessary, the device can be transferred to another party or Vianet internet account with written consent from Vianet as well as the party the device is to be transferred to. Please note that all packages associated with the device will be dissolved before transfer and device ownership transfer charges will apply as per company policy.

15. No more than a total of 3 Set-Top-Box can be set up on one single Vianet account in residential package.