1. INTRODUCTION

1.1 These terms and conditions shall govern your use of our website

1.2 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.3 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. ABOUT BDCOM

BDCOM Online Ltd. was incorporated as a Private Limited Company on 12th February 1997, under the Companies Act, 1994, and registered with the Registrar of Joint Stock Companies (RJSC). Subsequently, the Company turned into a Public Limited Company in 2001 with a view to float its shares to the public. The Corporate Head Office of BDCOM is situated at JL Bhaban (5th floor), House # 1, Road # 1, Gulshan-1,Gulshan Avenue, Dhaka-1212, Bangladesh.

Since it’s incorporation back in 1997, BDCOM has always been a trusted and forward looking ICT service provider focused on building ICT Services and Solutions that are compatible with 21st Century, under the licensing authority of Bangladesh Telecommunication Regulatory Commission (BTRC).

3. OUR SERVICES

BDCOM is an official licensee of Bangladesh Telecom Regulatory Commission (BTRC) to provide Nationwide Internet Services (NWISP), Data Communication Services, IPTV, Video on Demand (VoD), IP Telephony Services (IPTSP), IT Enabled & Managed Services, Software Development, Vehicle Tracking System (VTS) & Fleet Management Services and Business Process Outsourcing (BPO). And also, to provide services related to Enterprise Hosting, General purpose Hosting, Web Design & Domain Registration.

4. OWNERSHIP; CONTENT; LICENSE

The Site, and each of its components, is the copyrighted property of BDCOM. None of the content or data found on the Site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of the Company. In addition, the trademarks, logos, slogans, trade names and service marks displayed on this website (collectively, the “Trademarks”) are registered or common law trademarks of the Company. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Trademarks without the written permission of the Company or such other party that may own the Trademark. All text, graphics, button icons, images, audio clips, and software displayed on the Site (collectively, "Content"), belongs exclusively to the Company. The collection, arrangement, and assembly of all content on the Site (the "Compilation") belong exclusively to the Company. All software used on this Site (the "Software") is the property of the Company or its Software suppliers.

5. AGREEMENT

By using the above mentioned any or all Services of BDCOM, you agree to the following terms, any Government or community guidelines and supplemental terms provided to you for the Services that you use.

This document is a ​​live document. The provisions of the Terms to use BDCOM Services are subject to change from time to time as it deems necessary under any Changed Situation or due to compliance of the Regulatory Authority or the Government or for the greater interests of our Clients. Any such change(s) will be duly published and notified through this Website.

Please read the Terms carefully because they form your entire agreement with us.

6. General Terms of Conditions for BDCOM Services

A. Notwithstanding anything contained in this document, any information brochure, notification or any other matter to be published by BDCOM regarding its Services, Service Price, Billing Policy, or Credit Policy shall also be treated as the terms and conditions of this document and both BDCOM and subscriber shall be under obligatory of the same.

B. Though BDCOM shall strive to offer the best service quality, however, the quality, reliability and availability of service can not be guaranteed as the same are dependent on various technical, physical, topographical, atmospheric, environmental, regulatory, legal, and such other factors. BDCOM shall not be liable or responsible for any defect or deficiency caused due to unavoidable factors beyond its reasonable control . In addition, BDCOM is entitled to, without any liability, refuse, limit, suspend, disable, delete, vary and/or interrupt service or any part thereof, for one or more Subscribers, at any time, in its sole discretion, without notice and assigning any reason.

C. BDCOM does not commit itself to make services available in any specific area in Bangladesh within certain dates, even though it will strive to provide large coverage as early as possible.

D. BDCOM shall have the right to ask for documents and examine the same to verify the subscriber's identification and in the case of a company being the subscriber "Letter of Authorization" shall be required authorizing a person for signing any statutory agreement on behalf of that company and the subscriber is under obligation to provide the same when asked for by BDCOM.

E. BDCOM shall have the right to temporarily suspend the services in whole or in parts of its network for repair, maintenance or circumstances during situations beyond BDCOM's control.

F. BDCOM does not take the responsibility for possible disturbances or congestion in other networks encountered in using BDCOM Services.

G. BDCOM shall have the exclusive right and jurisdiction to determine the title and ownership of a Service rendered by and from BDCOM after perusing the necessary documents relating to that Service and also shall have the right to suspend the Service in question while determining the same. If any dispute arises regarding the ownership/ title between two or more subscribers or claimants the decision of BDCOM in this regard shall be final and conclusive.

H. BDCOM shall have the right to scrutinize or procure any document(s) possessed by the potential subscribers or existing subscribers which may be required by BDCOM.

I. BDCOM shall have no liability to the Subscriber for any loss, damage, costs, expenses or other claims for compensation arising from any materials, equipments or instruments supplied by the subscriber which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-amvat or any other fault of the Subscriber.

J. BDCOM shall have the right to amend, alter, change, add or substitute the provisions of this agreement, the tariff, the Service Charge (including all call charges) and the charge of other services as long as the changes are published two weeks prior to such change in any two national dailies in order to give effect to the said changes.

K. The subscriber cannot use the service(s) for any unlawful or abusive purposes, or for sending obscene, indecent, threatening, harassing, unsolicited message or messages adversely affecting/infringing upon national, social or economic interest, nor create any damage or risk to BDCOM or its network and/or other subscribers. Under such circumstances BDCOM shall have the right to discontinue the service.

L. Any Client Premise Equipment (CPE), IP phone sets/ terminals/ related devices and the corresponding account in BDCOM's system are the sole responsibility of the subscriber. BDCOM is not liable for usage including use/misuse/fraud/forgery and the like perpetrated by any one including but not limited to the subscriber or any third party and not liable for any act or omission of any dealer or third party.

M. BDCOM shall have the right to provide any information of the subscriber to the law enforcing agencies, as and when required, as per the current prevailing law, rules and regulations..

N. BDCOM shall have the right to suspend, disable, delete, disconnect permanently-temporary the provision of the services to the subscriber when he/she reaches a different stage within the life cycle of a subscriber's account.

O. Supplementary/Value Added and other services may be offered as per terms of licenses of BDCOM. The services will be charged as per tariff determined by BDCOM from time to time, including variation(s) thereof, if any. These services might be device dependent.

P. BDCOM shall have the right to disconnect, suspend or bar the services for giving false information on the subscription form and/or for changes in the given information, which is not informed to BDCOM.

Q. BDCOM will provide the service by the date agreed with the Subscriber. Where a site survey is required, BDCOM will agree the date following a survey of the premises. Provision of the service is at all times subject to availability of appropriate facilities and BDCOM reserves the right to decide on the method by which service will be provided.

R. The Subscriber must report a fault with the service by contacting 24/7 customer support via mail (helpdesk@bdcom.com) or by calling +8809666-666-666 number. lf the Subscriber reports a fault in the service, BDCOM will use its reasonable endeavors to respond in accordance with the level of repair/support service which applies to that particular product or service.

7. DISCLOSURE OF AND ACCESS TO YOUR INFORMATION

Subject to applicable law, we may reveal your Personally Identifiable Information:

1) To unaffiliated third parties, attorneys, accountants and advisors who provide the Company with assistance or advice or are under contract to perform services for or on behalf of the Company (collectively, “Service Providers”), and who are required to uphold and maintain our policies with respect to privacy, confidentiality and the treatment of your personally identifiable information;

2) To persons as permitted by appropriate law or regulation;

3) To law enforcement bodies, as part of a legal process, if otherwise constrained to do so by law or in connection with any government or self-regulatory organization request or investigation, in order to protect our property or in furtherance of an investigation regarding a breach of the website rules and policies, unauthorized access to or use of the website or any other illegal activities; or

4) If you direct us to do so. In addition, if you choose to include your personally identifiable information (such as your phone number and home address) when you create “events” using our tools, such information may be publicly available on the website. Signing petitions, joining groups or otherwise attach your personally identifiable information to our initiatives; such information may be displayed on our website but will not, however, include your contact information.

8. LIMITATIONS OF LIABILITY

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from any negligence, or from fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by Bangladeshi law.

This document illustrates the General Terms for BDCOM Services and does not conflict, in any case, with the service level terms and conditions prescribed by BTRC. Therefore, individual subscribers or corporate needs to AGREE and SIGN on the BTRC prescribed forms with BTRC vetted terms and conditions within the forms while taking any service from BDCOM, for example, Broadband Internet Service, IP Telephony Service, Vehicle Tracking Service, etc. each has separate forms to undertake and AGREE to avail the respective service.

9. CONSENT

Subject to your opt-out choices and all of the provisions contained in this notice, you hereby consent to the collection, processing, disclosure, and transfer by the Company of your information for the restricted situations described under this notice. Your consent relating to a right to transfer information referred to in this paragraph shall be deemed to include your consent to the transfer of your personally identifiable information to authorities who may have different levels of legal privacy protection.

10. COOKIES

To ensure a better understanding of our user base our website may use cookies to track information and usage behavior to bring better information and services, improve the content and supervision of our website, facilitate visitors, and generally enrich your online experience at the time of visiting our website. We can ensure the use of Cookie technology only to assemble cumulative data about your visits to our website and not to obtain personal information.

11. INTELLECTUAL PROPERTY AND COPYRIGHT POLICY

By reading this notice you agree to accept all copyright notices and restraints attached to any content accessed through the website. All the information displayed, transmitted or carried by the Company and its allied websites are copyright protected.

12. APPRAISAL AND QUALITY PERFECTION

Through the combined strength of all stakeholders the Company believes in improving service quality. We may occasionally ask users to complete surveys asking about their experiences with features of the websites or the app. Our surveys ask visitors for demographic information such as age, gender, and education, but will not request that users provide specific information about their feelings. Information collected through the survey will be strictly used for evaluation and quality improvement purposes, including helping the Company to customize user experiences through the website and the app. In addition, for the satisfaction of the users giving feedback may be individually contacted for follow-up.

13. BREACH OF THE TERMS OF USE

If you fail to follow these Terms of Use when using this Website, you may be sent an e-mail in respect of any such failure. If your failure relates to any contribution or submission to our Website then any such email may inform you as to why your contribution to the Website (including the Discussion Forums) has been rejected or edited. This mail may also include a warning that continuing to break the rules may result in action being taken against your account(s).

If you are held to be in breach of any of these Terms of Use then your account(s) may be placed into pre-moderation (meaning that all your contributions will be subject to prior review by a moderator) or we may temporarily or permanently suspend your ability to log on to the Website.

If you post or send offensive or inappropriate content to, or via, this Website or otherwise engage in any disruptive behaviour on the Website, and We consider such behaviour to be serious and/or repeated, then We may use whatever information we have available to us about you to prevent any further such incidents from arising. This may include informing relevant third parties such as your employer, school or email service provider and/or the authorities regarding any such incident(s).

We reserve the right to delete any contribution, or take action against any account, at any time, for any reason.

14. TRADE MARKS

The “BDCOM” logo is a registered trademark, belonging to BDCOM Online Ltd.

15. CONTACT US

If you have questions regarding this notice, please contact us via e-mail at helpdesk@bdcom.com

16. GENERAL

1. Beside this document, subscribers of various services like broadband internet service, IP telephony service and vehicle tracking service have to sign BTRC prescribed forms with BTRC vetted terms and conditions within the forms.

2. We reserve the right to change these Terms of Use (and any other terms, conditions, and notices) under which this Website is offered. This version of our Terms of Use is effective as of November 2021.

3. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

4. We reserve the right to freely assign, or otherwise transfer, any of our rights or obligations under these Terms of Use to any third party at our discretion.

5. Any provision of these Terms of Use that expressly or by implication is intended to come into, or continue in, force on or after termination of your right to use the Website shall remain in full force and effect, including, any licenses granted by you in respect of any uploaded content and the provisions of the section titled Limitations of Liability.

6. We will not be in breach of any of our obligations under these Terms of Use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in, or from, performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.