Code of Practice

TELECOM CONSUMERS COMPLAINT REDRESSAL (AMENDMENT) REGULATIONS, 2012 (3 OF 2012)

TELECOM CONSUMERS PROTECTION (THIRD AMENDMENT) REGULATIONS, 2012 (6 OF 2012)

ISPAI CODE OF CONDUCT

 

 

 

WHAT IS HAYAI?

Hayai Broadband Pvt Ltd (‘Hayai') is a provider of various Internet services, specifically high speed broadband internet access, email and webspace, registered in RoC Maharashtra (CIN: 217439 and CIN: U64204MH2011PTC217439).

Our registered office is at Hayai Broadband Pvt Ltd, Company # 217439, 6 Casa Diego, P.N. Kotnis Marg, Mahim, Mumbai-16 and our principal place of business is at 6 Casa Diego, P.N. Kotnis Marg, Mahim, Mumbai-16.

HOW CAN YOU CONTACT HAYAI?

You can contact Hayai (i) at our website www.hayai.in/contact-hayai; (ii) by telephoning our sales agents on +91 [this number is available only to active subscribers] or our member services agents on +91 [this number is available only to active subscribers] and all lines are open twenty four (24) hours, seven (7) days a week; (iii) by submitting a ticket to the online member centre using your member id and password at www.hayai.in/user; (iv) on Skype [hayai.in]; (v) on Twitter [@hayai_in]; (vi) on Facebook [facebook.com/hayaibroadband] or (vii) by writing to Hayai Broadband Pvt Ltd, 6 Casa Diego, P.N. Kotnis Marg, Mahim, Mumbai-16.

WHY DO WE HAVE A CODE OF PRACTICE?

Hayai's Code of practice (the ‘Code') exists to provide you with details of our range of services, information on our member services, how to get help and our complaints procedure. TRAI/DoT does NOT require that we have a code of practice to protect residential members and small business members BUT Hayai provides this code of practice voluntarily as part of it's dedication to customer service. 

Be assured, this Code is not a contract between you and Hayai and it doesn't affect your rights under the law.

WHAT SERVICES DO WE PROVIDE?

Our current home broadband products are called Hayai Lite, Hayai Managed WiFi, Hayai WTTB, Hayai FTTB, Hayai Plus, Hayai FTTH and details of our products, services and prices can be seen by visiting www.hayai.in.

‘services' will include, as applicable, usage-based, flat-rate, 95th percentile and all-you-can-eat broadband Internet connection and access, Hayai Box modem and associated cables and filter(s) lease services, email account and web hosting services, IP address services, firewall services, maintenance and support services, and such other services as are agreed in your order or as Hayai may agree to provide you from time to time.

Our all-you-can-eat services are not artificially limited and your usage of our network is unrestricted, except as set out in our ‘Fair and acceptable usage policy' (http://www.hayai.net.in/legal/fair-usage-policy and detailed by our help section on the topic).

You cannot use our services for any illegal purposes or in a way that would adversely affect any rights of any person without their consent. Our network may not be used to damage or disrupt the network or another member's service. Please see our ‘Fair and acceptable usage policy' for a detailed explanation. 

If Hayai reasonably believes that you are using the services in breach of your obligations, including use of the service in breach of the ‘Fair and acceptable use policy', or if your usage of our network is excessive, we may without liability or further notice suspend or terminate your services

WHAT ARE HAYAI'S PAYMENT TERMS AND CHARGES?

You have a responsibility to pay the fees that apply to the services you're receiving from Hayai (the ‘charges'). These charges apply from the day that Hayai or your LCO confirms that connection is complete, activated and demonstrated to be working. All charges will be collected in advance or "cash on-delivery". Our billing dates fall on the first weekday occurring at the beginning of each calendar month.

Our charges include the following fees:

  • Hayai All-You-Can-Eat - Recurring Charge, paid monthly or annually in advance, for the provision of your monthly broadband services. The first payment will be pro-rated from the time of connection to the end of the month but the first two days of service after the date notified to you for provisioning of the services are free of charge (and you will be refunded pro rata should the actual activation of your services occur after that period)
  • Hayai Usage-Based - Recurring Charge, paid monthly or annually in advance, for the provision of your monthly broadband services with additional charges for usage beyond usage purchased via the "add data" or "topup" features on our website. The first payment will be pro-rated from the time of connection to the end of the month but the first two days of service after the date notified to you for provisioning of the services are free of charge (and you will be refunded pro rata should the actual activation of your services occur after that period)
  • Hayai Flat-Rate - Recurring Charge, paid monthly or annually in advance, for the provision of your monthly broadband services. The first payment will be pro-rated from the time of connection to the end of the month but the first two days of service after the date notified to you for provisioning of the services are free of charge (and you will be refunded pro rata should the actual activation of your services occur after that period)
  • Hayai 95th percentile - Recurring Charge, paid monthly or annually in advance, with additional charges beyond the 95th percentile being charged in arrears for the provision of your monthly broadband services. The first payment will be pro-rated from the time of connection to the end of the month but the first two days of service after the date notified to you for provisioning of the services are free of charge (and you will be refunded pro rata should the actual activation of your services occur after that period)
  • Hayai activation/registration fee - One-off Charge, paid at the time of installation and activation upon confirmation of a completed, working service
  • Hayai Box - Paid if the Hayai Box modem, cables and filter(s) are not returned to Hayai upon termination of services
  • Hayai cancellation/early termination fee - Paid if costs have already been or will be incurred by Hayai to process your order and subsequent cancellation, if you cancel your order before the services connection date, on top of any actual costs of providing the services (please note that this is a change to your statutory rights - see ‘How do you order Hayai's services' in our ‘Standard terms and conditions')
  • Hayai express cancellation fee - An administrative fee paid if you wish to terminate your account, without providing the standard notice period required or payment for the remainder of your first year of service (as applicable- see ‘What is the contract period and how does it end' in our ‘Standard terms and conditions')
  • Hayai reconnection fee - Paid if your Hayai or your LCO has disconnected your line for cause (such as cancellation of service or non-payment).
  • Hayai reactivation fee - Paid if your account has been suspended for cause (such as cancellation of service or non-payment).

More details of our Hayai Lite, Hayai Managed WiFi, Hayai WTTB, Hayai FTTB, Hayai Plus, Hayai FTTH services including full details and pricing can be seen by visiting www.hayai.in

Hayai does not charge you for any services provided by our member support team, and calls are free of charge from a Hayai Box (although call charges may vary from other networks).

If there is a conflict relating to pricing between the ‘Standard terms and conditions' the ‘Additional terms and conditions' and the product pages then the information on the product pages will take precedence; otherwise in the case of any other conflict the ‘Standard terms and conditions' will govern.

HOW DO YOU ORDER HAYAI'S SERVICES?

All of Hayai's services are available exclusively by ordering online, and you place an order with Hayai by following the online order process or by submitting a written order form (when it is not possible for you to place an order online). Hayai's services can will only be supplied to an address that matches the billing address for your chosen payment method or with written authorization by someone located at the billing address, and you must be at least 18 years old when you place your order with Hayai.

Once you have placed your order, we'll send you an email confirming that it's been received. Do bear in mind that by placing your order you are making an offer to enter into a contract with Hayai for the purchase of the relevant service from Hayai under the ‘Standard terms and conditions', the terms of your order, and any other terms specified by us. Hayai will acknowledge receipt of your order and contact you if we are able to accept your offer and upon acceptance you enter into a contract with Hayai for the purchase of that particular service.

Please read the following paragraph carefully as it contains a change to your statutory rights: 

You agree that if you order services from Hayai online or otherwise at a distance then Hayai will immediately start work on the technical and operational elements required to provide the services upon the issuance of Hayai's order acceptance, which shall be prior to the end of any statutory cancellation period, and you acknowledge and agree that you will thereafter not have the right to cancel any services. At the time of acceptance we will provide you with further details of when we expect to connect you to the Hayai network.

Also, please be advised that by placing an order online, you agree that Hayai, or third parties acting on our behalf, may carry out credit checks on you using the information that you provide.

Please see our ‘Standard terms and conditions' by visiting www.hayai.net.in/legal/terms-and-conditions.

HOW LONG WILL IT TAKE TO GET HAYAI SERVICE?

Providing you have a serviceable line, it usually takes from one (1) to four (7) days from the day that your order is marked for provisioning to physically connect you to our service in the point of presence and provision your account, subject to your signing of the KYC documents and availability for the performing of the installation.

If you order a product which is not yet available in your area, we will first offer you to switch to a product that is available as a temporary measure AND/OR place you on a waiting list to receive the service as we are able to expand our coverage area. Placing an order with Hayai does not guarantee service availability at your location, due to reasons beyond Hayai's control and no payments are due or should be made until your line is active.

WHAT IS THE CONTRACT PERIOD AND HOW DOES IT END?

The contract starts on the date of our acceptance email, and your service starts on the date that you have both received your welcome pack (including the Hayai Box modem) and you are connected to an activated Hayai service in your name via your local LCO or Hayai exchange. You can terminate your Hayai contract at any time without paying any cancellation fees, providing you give us one (1) month's termination notice, unless there is a minimum period for your service and/or you have signed a term contract. If you have paid an annual advance for service, your refund will equal the number of whole months remaining in your contract minus one (1). You may terminate a Hayai account by paying an express cancellation administrative fee (instead of providing one (1) month's notice). service will be terminated one (1) weeks after receipt of your express cancellation notice.

Hayai may terminate your contract or suspend services if:

  • you don't pay us, by the due date, any money you owe us; or
  • you misuse our service (see our 'Fair and acceptable usage policy')
  • Either you or Hayai may terminate your contract by giving thirty (30) days' written notice to the other if:
  • there has been a material breach of the ‘Standard terms and conditions' by the other party (and this isn't remedied within thirty (30) days of a written notice notifying the breach)
  • an event, outside Hayai's reasonable control, prevents continued provision of the services for more than thirty (30) days
  • the other is unable to pay its debt or Hayais (//within the meaning of section 123 of the Insolvency Act 1986); or becomes insolvent or bankrupt; or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction); or makes an application to a court of competent jurisdiction for protection from its creditors generally; or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets; or enters into or proposes any composition or arrangement with its creditors generally; or is subject to any analogous event or proceeding in any applicable jurisdiction
  • by Hayai only, without cause.

If Hayai is entitled to suspend your service then all charges for your service will remain payable by you notwithstanding such suspension. If Hayai is entitled to terminate your service (other than without cause), then Hayai will be entitled to charge you for the charges which would have been payable to Hayai as if you had provided us with a termination notice on the date of such termination.

UNDER WHAT CIRCUMSTANCES WILL YOUR HAYAI SERVICE BE DISCONNECTED?

Hayai will disconnect your service if your LCO fails to comply with Hayai's terms and conditions for franchisees and/or your Hayai fiber line is disconnected for an extended period of time (8 days or more) meaning Hayai is unable to communicate with your modem/router and Hayai is not notified of any cancellation. Hayai will terminate your contract according to the aforementioned cancellation/termination clauses.

Hayai may disconnect your service if you fail to pay your invoices when due or if you do not comply with our ‘Fair and acceptable usage policy' (to see the Policy, click here).

WHAT HAPPENS IF THERE ARE SERVICE INTERRUPTIONS?

Hayai will take reasonable measures to rectify any interruptions in the services that we provide. However, Hayai cannot be held responsible for disruptions caused as a result of war, strikes, natural disasters or other ‘acts of God' and shall not be liable for any delay or failure in the performance of its obligations to the extent that such delay or failure is attributable to matters beyond its reasonable control.

Hayai may need to make changes to its network or the technical specification of a service or may need to suspend provision of the services for operational or technical reasons. Hayai will use all reasonable endeavours to notify you in advance of such changes or suspension if it materially affects your services. Obviously we'll do everything which is reasonably in our power to minimise the effect of these disruptions on you.

As you know, it is technically impossible for Hayai to provide a fault-free service at all times. But, we're committed to providing you with a service that has as few disruptions as possible. In the unlikely event that you experience a total loss of service caused by us for more than five (5) consecutive days, you'll be compensated for each day's disruption (including the first five (5) days) by a reduction in your monthly service fee equivalent to the amount you would have paid for service on those days. In order to receive this reduction, you will need to notify us as soon as the service failure occurs and request the appropriate reduction by contacting member services when your service is restored. See our ‘Standard terms and conditions' for more information.

If Hayai reasonably believes that you are using the services in breach of your obligations (see ‘What are your obligations?' in the ‘Standard terms and conditions'), including use of the service in breach of the ‘Fair and acceptable usage policy', we may without liability or further notice suspend services or in certain circumstances terminate your contract (see above).

WHAT HAPPENS IF YOUR HAYAI BOX BREAKS?

Your Hayai Box remains the property of Hayai while Hayai provides services to you. If it is faulty it will of course be repaired or replaced by Hayai (providing the fault is not caused by abuse or negligence while in your care). In all other cases, replacement items of Equipment are available on payment of the applicable replacement items fee(s) details of which can be found on our product pages. You will need to return any faulty or replaced items of Equipment to the address shown in the ‘Standard terms and conditions'. Do bear in mind that while leasing the Hayai Box, you are only permitted to use it to connect to the Hayai network, or a network approved by Hayai. For more information about the equipment that Hayai provides to you and your obligations on termination of the services see ‘What equipment does Hayai provide' in the ‘Standard terms and conditions'.

WHAT IS OUR MEMBER SERVICES PHILOSOPHY?

Our philosophy is simple: it is of utmost importance to Hayai that our members are happy with the services and the support that we provide.

All members are provided with a member ID and password in order to gain access to our online member centre. Most aspects of your account can be managed online through this centre.

For help with your order, managing your account and technical assistance, contact our member services agents on +91 [this number is changing] or submit a ticket to the online member centre. Our member services hotline is open twenty four (24) hours, seven (7) days a week. Hayai does not charge you for any services provided by our member support team, and calls are free of charge from a Hayai landline (although call charges may vary from other networks). Calls may be monitored to ensure that service levels are consistent with our services philosophy and to provide training to our member services agents. Business is primarily conducted in English, however, we employ speakers of regional languages in each state in which we actively operate and you have the right to speak to a representative in any language recognized by the Republic of India.

HOW WILL HAYAI USE YOUR PERSONAL DATA?

We may send you relevant and timely information about Hayai's broadband services by email, phone, fax, post or SMS, but will not clog your inbox with emails or bombard your with calls, texts or letters. Hayai may contact you to maintain your account, to obtain credit references, to provide you with service and billing information and updates, to respond to questions or queries you've sent us, to market and improve our services and the services of the Hayai group of companies (to which we belong) to obtain your views and to generally provide you with information that makes our service more useful to you. All use of your data will adhere to this Code, to the Data Protection Act and any other relevant data protection regulations that apply, our ‘Standard terms and conditions' and our Privacy and Site policies respectively. See http://www.hayai.in/legal/terms-and-conditions, http://www.hayai.net.in/legal/privacy-policy and http://www.hayai.net.in/legal/site-policy for more information.

Your data will not be shared with, sold or distributed to any third parties, unless:

  • we have your consent to do so (either under the ‘Privacy and cookie policy' or with your express consent from time to time)
  • we are required to do so by law
  • we believe it is necessary to protect the rights or property of Hayai, a customer or a member of the public
  • a third party is specifically acting on Hayai's behalf for Hayai (which may include third party service providers based in a jurisdiction which does not treat data as securely as the may otherwise be required)

Only persons authorised by Hayai have access to your personal information which is kept in a secure environment. You can contact us at any time either to obtain details of any personal information we are holding about you or to make changes to this information. If you need to access or change your personal information, please log in to your account and submit a ticket. Alternatively, please contact "Support" via our contact form - please note that we will need to confirm your identity before changing or providing you with details of any personal information we may hold about you.

You can at any time request not to receive further marketing communications from Hayai by using the "unsubscribe" feature found at the bottom of any marketing emails sent to you (this will not exclude you from any network or account related notifications). For more information, see our Privacy and Site policies respectively.

Hayai also endorses the provisions of the Advertising Standards Council of India, which can be found on the website http://www.ascionline.org.

WHAT IS HAYAI'S DISABILITIES POLICY?

Hayai welcomes all subscribers, including those with disabilities, and we are committed to taking positive steps to provide a supportive and non-discriminatory environment.

We can supply large print and audio versions of this Code and our Legal pages (including our ‘Standard terms and conditions' and ‘Privacy and cookie policy') upon request.

HOW DO YOU COMPLAIN?

In the first instance please contact one of our member services agents by telephone on the number set out under ‘What is our member services philosophy?' or by submitting a ticket to the online member services centre. Please note that calls are free of charge from a Hayai landline (although call charges may vary from other networks).

We will acknowledge your complaint within twenty four (24) hours and will try our best to respond to you within ten (10) working days of receipt. If you wish to register a concern or complaint about your service or our handling of your service complaint which has not been resolved to your satisfaction by our member service agents after this time period, please do so in writing, with full details of the issue(s) you are facing, reference numbers if you have previously corresponded with us, any relevant date(s), the names of any member services agent(s) with whom you have previously spoken on the issue, your contact details (including telephone number, email address and mailing address and your Hayai account information), using our contact form at hayai.net.in/contact-hayai or sending a letter to:

Member Services team

Hayai Broadband Pvt Ltd
C/- 6 Casa Diego
P.N. Kotnis Marg
Mahim
Mumbai-16

Hayai are committed to resolving any concerns or complaints received as quickly as possible and will acknowledge your email within twenty four (48) hours or your letter within forty eight (24) hours of receipt and will investigate your issue fully and respond to you once we have a considered response for you (usually within ten (10) working days).

Once you have our response, and if your concerns have still not been addressed, you may escalate the problem to Satish Changrani, our Head of Member Services, by sending her a letter to the address listed directly above this paragraph or email him using our contact form at hayai.net.in/contact-hayai (including all the details requested above). He will acknowledge your email or letter within forty eight (48) hours of receipt and will try her best to respond to you within ten (10) working days of receipt.

If you would like to further escalate your complaint, please address your letter to Mathew Carley our Founder & COO, at the address listed directly above or email him at using the format [email protected]. He will acknowledge your email or letter within forty eight (48) hours of receipt and will try his best to respond to you within ten (10) working days of receipt. You may also choose to escalate your complaint to TRAI (see contact details below).

If your complaint is then not resolved in a satisfactory manner and you have either received a "deadlock" letter from us confirming that no resolution can be reached or twelve (12) weeks has passed since we received your complaint, then you may refer the issue(s) to TRAI (The Chartered Institute of Arbitrators who run the Communications and Internet Services Adjudication Scheme see contact details below). TRAI is an independent alternative dispute resolution scheme which Hayai has joined to help resolve any complaints made by residential (Hayai Lite, Hayai Managed WiFi, Hayai WTTB, Hayai FTTB, Hayai Plus, Hayai FTTH) or business (Hayai Lite, Hayai Managed WiFi, Hayai WTTB, Hayai FTTB, Hayai Plus, Hayai FTTH) members about Hayai or Hayai's services where Hayai is unable to reach a satisfactory settlement with a member as set out in this Code.

Please note that TRAI will not adjudicate if a member has not first utilised Hayai's internal complaints procedure in full. If TRAI does deal with your complaint then an independent adjudicator will decide how your issue should be resolved. Once you have referred the problem to TRAI any good faith offers Hayai may have made in relation to your issue(s) will lapse.

Below are some useful contact numbers:

TRAI - Telecom Regulatory Authority of India

Mahanagar Doorsanchar Bhawan (next to Zakir Hussain College) 
Jawaharlal Nehru Marg (Old Minto Road) 
New Delhi
110 002

Phone: +91 11 2323-6308, +91 11 2323-3466
Fax: +91 11 2321-3294 

Email: [email protected]
Web: http://www.trai.gov.in

Department of Telecommunications

http://www.dot.gov.in

ISPAI - Internet Service Providers' Association of India*

612- A, Chiranjiv Tower,
43, Nehru Place,
New Delhi
110 019

Phone: +91 11 2642-4001
Fax: +91 11 4160-8472

E-mail: [email protected]
Web: http://www.ispai.in

*Membership to ISPAI is voluntary and Hayai is not currently a member.