Terms of Service
Effective date: not yet in force
Draft — not yet in force. This document is being finalised and is published for review only. The highlighted items are still to be completed.
1. The agreement
These Terms are a contract between The Bill Pro ([[CIN / LLPIN]], registered office [[REGISTERED OFFICE ADDRESS]]; "we", "us") and the business that subscribes to the SVS service ("the Operator", "you").
They apply together with:
- the Order: the quotation, invoice or written confirmation that states your plan, fees and subscription period;
- our Privacy Policy, at https://thebillpro.in/legal/privacy;
- our Refund Policy, at https://thebillpro.in/legal/refund;
- the Data Processing Addendum ("DPA"), at https://thebillpro.in/legal/dpa.
These Terms are published at https://thebillpro.in/legal/terms.
If they conflict, the Order prevails, then the DPA, then these Terms.
The person who accepts these Terms for the Operator confirms that they are authorised to bind it. The Service is for business use only, not for consumers.
2. The Service
SVS is web software for running a cable TV and broadband operation: subscriber records, billing and collections, packages, inventory, complaints, expenses, reports and messaging. We host and operate it in India. We may improve and change it. We will not remove a core function you are paying for during a paid period without at least 30 days' notice.
SMS messaging is not available yet. The Service does not send SMS today, and we do not sell SMS credits. We will tell you at least 30 days before SMS sending starts, and update these Terms, the Privacy Policy and the DPA first.
Translation. The optional Google Translate widget sends the text on screen to Google when a user chooses a language (Privacy Policy §5). Do not use it on screens showing subscriber data if your own notices to subscribers do not allow it.
3. Accounts and users
- You create operator users for your staff and assign each a role. You are responsible for everything done under your users' accounts, for keeping credentials confidential, and for deactivating users who leave.
- Users must be at least 18, and must be your employees or contractors.
- Tell us at once at support@thebillpro.in if you suspect unauthorised access.
4. Your data, and personal data
- You own your data: everything you or your users enter or upload, including your subscribers' details ("Operator Data"). You give us a licence to host, process, back up and display it only to provide, secure and support the Service, and as the law requires.
- You are the Data Fiduciary for your subscribers' personal data, and we are
your Data Processor (DPDP Act 2023). The DPA governs that processing. In
particular:
- you are responsible for giving your subscribers notice, obtaining any consent, and having a lawful basis for what you record;
- you must not record a child (under 18) as a subscriber without verifiable parental consent;
- for identity documents, upload only what the law allows you to keep. For Aadhaar, upload only a masked copy (the first eight digits of the Aadhaar number hidden, only the last four visible), and never type a full Aadhaar number into the Service (DPA §B4.3);
- you answer your subscribers' data requests, and we help.
- Exports: you can export your data from the Service at any time, and for 30 days after your subscription ends (§10).
- Security: we protect Operator Data as described in the Privacy Policy (§8) and the DPA.
5. Fees and payment
- Fees are as stated in the Order: a subscription fee per period and any one-time fees. Once SMS sending is available, SMS credits will be sold prepaid (one credit per SMS per recipient). Fees exclude GST and other applicable taxes, which you pay in addition.
- Payment is in advance, by the method stated on our invoice (bank transfer or UPI). There is no card or online payment in the Service today.
- Renewal: we send an invoice at least 7 days before a period ends. The subscription renews when you pay it. If a period ends unpaid, we may suspend the account. Your data stays intact and nothing is deleted, but your users cannot use the Service until you pay, or until §10 applies.
- Refunds follow the Refund Policy. In short: a paid period is not refunded once it starts, and unused SMS credits are not refundable.
- Price changes apply from your next period, with at least 30 days' notice.
6. Acceptable use
You and your users must not:
- use the Service to break any law, including telecom, consumer protection, data protection and anti-spam law. Commercial SMS must follow TRAI's regulations (DLT registration, consent, templates) once SMS sending is live;
- upload anything you have no right to hold, or anything malicious;
- try to access another operator's data, probe or bypass security, overload the Service, or scrape it automatically;
- resell, sublicense or white-label the Service without our written consent;
- reverse-engineer the Service except where the law allows.
We may suspend a user or the account to stop a serious or continuing breach, or a security threat. We will tell you why, and restore access once it is resolved.
7. Our intellectual property
We own the Service and everything in it except Operator Data. You get a non-exclusive, non-transferable right to use it for your own business during your subscription. If you send us feedback, we may use it freely.
8. Availability and support
We aim to keep the Service available at all times, apart from planned maintenance, which we announce where practical. We take daily backups and test that they restore. We do not offer a service-level agreement unless an Order says otherwise. Support is by email at support@thebillpro.in, which you can write to 24 hours a day, 7 days a week.
9. Warranties and disclaimers
We will provide the Service with reasonable skill and care. Apart from that, and to the extent the law allows, the Service is provided "as is". We do not warrant that it is error-free or uninterrupted, or that its calculations suit your particular tax or regulatory position. Check bills, GST figures and reports before you rely on them.
10. Term, suspension and termination
- These Terms run for as long as you have a subscription.
- You may cancel at any time by email. Cancellation stops the next renewal. The current paid period is not refunded (Refund Policy).
- We may terminate on 30 days' notice for any reason. In that case we refund the unused part of a prepaid period. We may also terminate at once if you materially breach these Terms and do not fix it within 15 days of notice, or if your account stays suspended for non-payment for more than 60 days.
- After the end: you can export your data for 30 days. We then delete Operator Data within 90 days, and from backups as they expire (Privacy Policy §7). We keep only what the law requires us to keep.
11. Limitation of liability
- Neither party is liable for indirect, incidental or consequential losses, or for lost profits, revenue or goodwill.
- Each party's total liability under these Terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
- These limits do not apply to your payment obligations, to either party's fraud, or to liability the law does not allow to be limited.
12. Indemnity
You will indemnify us against third-party claims, including claims by your subscribers or a regulator, arising from Operator Data you had no right to collect or use, from your messages, or from your breach of §6.
13. Confidentiality
Each party keeps the other's non-public information confidential and uses it only for this agreement. This survives termination for 3 years, and indefinitely for personal data.
14. Changes to these Terms
We may update these Terms. We will give at least 30 days' notice of a material change by email or in the Service. Continuing to use the Service after it takes effect means you accept it. If you do not, you may cancel before then and we will refund the unused part of your prepaid period.
15. Governing law and disputes
These Terms are governed by the laws of India. The parties will first try to settle a dispute by good-faith discussion for 30 days. After that, the courts having jurisdiction at Marthandam, Kanyakumari District, Tamil Nadu have exclusive jurisdiction.
16. General
- Entire agreement: these Terms, the Order, the DPA and the policies they name.
- Assignment: you may not assign without our consent. We may assign to a successor of the business, with notice to you.
- Force majeure: neither party is liable for delay caused by events beyond its reasonable control, for example a cloud-region outage or a government order.
- Severability: an unenforceable clause is narrowed to the extent needed, and the rest stands.
- No waiver: a delay in enforcing a right does not waive it.
- Notices: to us at support@thebillpro.in and [[REGISTERED OFFICE ADDRESS]]; to you at the email address in your Order.
17. Contact
The Bill Pro, [[REGISTERED OFFICE ADDRESS]] — support@thebillpro.in