Terms and Conditions
Reliable, high-performance fiber internet.
1. Acceptance and Scope
Welcome to Everest Wireless Network Pvt. Ltd. ("Company", "EWNET", "we", "us", or "our"). These Terms and Conditions ("Terms") govern the provision, access, and use of the Internet, broadband, data transmission, and enterprise solutions we provide to the subscriber ("Customer", "Subscriber", "you", or "your").
In these Terms:
- Service means the telecommunication and internet services ordered by the Customer, including any associated customer premises equipment and related services described in the applicable Service Order Form (SOF), package description, or tariff.
- Service Order Form (SOF) means the executed order, activation request, or written agreement identifying the Service, package, term, price, and related commercial terms.
- SLA means a service level agreement applicable to a specific Service, including any uptime, latency, restoration, measurement, exclusion, service-credit, or remedy terms it contains.
By signing a Service Order Form, completing online registration, or activating and using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, subject to applicable law. The website describes the Service generally; simply visiting the website does not by itself create a full subscriber contract. The final commercial terms of your Service are set out in the applicable SOF, package description, or tariff.
2. Regulatory Framework
The Services are subject to the applicable laws of Nepal, EWNET's telecommunications licence conditions, applicable Nepal Telecommunications Authority (NTA) bylaws, regulations, directives, and other legally binding requirements, as in force from time to time.
EWNET provides telecommunication and internet services under a licence issued by the Nepal Telecommunications Authority. The Services are provided subject to the Telecommunications Act, 2053 (1997), the Telecommunications Regulations, 2054 (1998), the Electronic Transactions Act, 2063 (2006), and other laws, regulations, and directives applicable to telecommunications services in Nepal.
Operating under NTA License No.: Fi. Ja. 1-102
3. Service, Equipment and Installation
3.1. Customer Premises Equipment (CPE) Ownership
All equipment deployed at the Customer site to enable service delivery, including Optical Network Units (ONU/ONT), routers, wireless radios, media converters, and Power over Ethernet (PoE) injectors, remains the property of Everest Wireless Network Pvt. Ltd. unless expressly sold or invoiced to the Customer as customer-owned equipment. Where equipment is provided to the Customer, the Customer is distinguished as either using EWNET-owned equipment (provided for use with the Service) or Customer-owned equipment. Any Customer-owned equipment used with the Service remains the Customer's responsibility.
3.2. Equipment Care and Site Conditions
The Customer is responsible for:
- Providing stable electrical power for the equipment, with adequate surge protection or UPS where reasonably required.
- Ensuring a safe, clean, and sheltered environment for the equipment.
- Protecting equipment against physical damage, water entry, or unauthorized tampering.
3.3. Equipment Damage and Replacement
If EWNET-owned equipment is damaged, lost, or rendered unusable, the Customer may be responsible for repair or replacement costs where the damage results from:
- the Customer's negligence;
- intentional damage or misuse;
- unauthorized tampering or relocation;
- a failure to provide reasonably required site or electrical protection; or
- loss or non-return of the equipment.
Where the cause is genuinely disputed, such as lightning, a natural disaster, or a network-side electrical condition, responsibility will depend on the actual cause, the ownership of the affected equipment, the applicable agreement, and applicable law. Damage is not automatically the Customer's liability in every case.
3.4. Equipment Return
Upon service termination or account deactivation, the Customer must return all EWNET-owned equipment in good working condition within seven (7) business days. Failure to do so may result in equipment recovery charges or forfeiture of security deposits in accordance with the applicable commercial terms.
3.5. KYC Mandate
In compliance with NTA regulations and national security standards, service activation is contingent upon the submission of verified, accurate KYC documents:
- Individual Subscribers: Copy of a valid Nepalese Citizenship Certificate, Passport, or Driving License, along with a recent passport-sized photograph.
- Corporate / SME / Institutional Subscribers: Copy of Company Registration Certificate, PAN/VAT Registration Certificate, Tax Clearance Certificate, Board Resolution authorizing service acquisition, and photo ID of the authorized representative.
The Customer must notify the Company in writing within seven (7) business days of any change in ownership, corporate status, legal name, primary contact details, or physical installation address.
3.6. Installation and Coverage
Coverage maps and availability indicators published on the website are indicative only. Final installation may depend on a site survey, network capacity, fiber availability, line-of-sight where applicable, infrastructure, right-of-way, premises readiness, and technical feasibility. Any stated installation timeframe is an estimate unless expressly guaranteed in writing in the applicable SOF.
3.7. Service Relocation
Relocation of the Service is subject to coverage, technical feasibility, network availability, and premises conditions. Reasonable relocation or installation charges may apply where they form part of the applicable tariff or agreement.
3.8. IP Addressing
Dynamic IP addresses may change from time to time. A public or static IP address is only assured where it forms part of the subscribed product. IP addressing and routing may change for reasonable network operation, consistent with the applicable service.
4. Quality of Service
4.1. No Universal Availability Guarantee
Unless specifically stated in an executed Service Order Form or SLA, EWNET does not provide a blanket contractual guarantee of 99.9% uninterrupted service to every Customer. Availability and related commitments apply only where they are expressly agreed in the applicable SOF or SLA.
4.2. Reasonable Service Commitment
EWNET will use reasonable efforts to operate and maintain its network, comply with applicable NTA quality-of-service obligations, diagnose faults, and restore service for EWNET-controlled failures. Availability figures and network statistics published on the website are indicative measures of network performance, not contractual guarantees.
4.3. SLA-Specific Commitments
Enterprise, Dedicated Internet Access (DIA), leased-line, or similar services may include specific uptime targets, latency targets, restoration targets, measurement methods, exclusions, service credits, and remedies. Those commitments are governed by the applicable Service Order Form or SLA and apply only to the Service covered by that SOF or SLA.
4.4. Internet Performance and Speed
Internet performance may depend on the destination server, peering or transit arrangements, international path, application, protocol overhead, customer hardware, local area network, Wi-Fi conditions, and other network conditions. This does not remove EWNET's applicable quality-of-service obligations. For shared or residential packages, advertised speeds are not guaranteed for every application at every moment unless that is the commercial commitment for the specific package. For Dedicated or DIA services, performance commitments are governed by the applicable SLA.
4.5. Business Continuity
Unless expressly contracted otherwise, providing Internet access does not constitute a guarantee of uninterrupted business operations. Customers with mission-critical operations should evaluate secondary connectivity, backup power, redundant equipment, and any disaster-recovery or backup systems appropriate to their needs.
5. Availability Measurement and External Causes
5.1. Availability Measurement
Where uptime or availability is contractually measured, measurement is subject to the applicable measurement period, monitoring point, methodology, qualifying outage definition, exclusions, scheduled maintenance treatment, and service-credit rules set out in the applicable SOF or SLA. A single Customer's Wi-Fi device or customer-side equipment does not, by itself, measure EWNET backbone availability.
5.2. External and Third-Party Causes
Circumstances outside EWNET's reasonable control may include, but are not limited to: upstream ISP or transit failure; international connectivity disruption; third-party fiber cuts; national or international cable disruption; third-party infrastructure failure; utility or power-grid failure outside EWNET-controlled infrastructure; third-party data centre or cloud failure; lawful government or regulatory direction; court orders; civil disturbance; severe weather; natural disasters; fire; earthquakes; landslides; floods; and other genuine force-majeure conditions.
Such conditions may be excluded from contractual availability or SLA calculations only where permitted under applicable law, applicable NTA requirements, or the relevant SOF or SLA. They are not automatically excluded in every case. EWNET will use reasonable efforts within its control to diagnose, escalate, mitigate, and restore service.
5.3. Third-Party Services
EWNET does not control every website, cloud service, streaming platform, SaaS provider, online game server, payment provider, external DNS service, or third-party application. An outage of a third-party service does not automatically establish a failure of EWNET's network. This clause does not exempt EWNET where the actual issue is within EWNET's responsibility.
A service interruption caused by a third-party or external event may be excluded from SLA calculations only where permitted under applicable law, applicable NTA requirements, or the relevant SOF or SLA.
6. Customer-Side Issues
Customer-side causes may include: customer premises power failure; unstable voltage; a failed customer UPS; a customer-owned router or switch; internal Ethernet cabling; internal fiber; Wi-Fi interference; weak Wi-Fi caused by building conditions; customer devices; malware; a customer firewall; local area network configuration; unauthorized reset; unauthorized CPE relocation; unsupported customer equipment; and physical damage at the customer premises.
A service issue caused by Customer-controlled premises, power, equipment, internal network, configuration, or devices shall not ordinarily constitute an EWNET-controlled network outage. This clause does not excuse an EWNET network fault, and EWNET will still investigate and assist where reasonably practicable.
7. Maintenance
7.1. Planned Maintenance
EWNET may perform maintenance, upgrades, migration, capacity expansion, repair, security remediation, and related work on its network. EWNET will provide notice of planned maintenance where required by applicable regulation and reasonably practicable.
7.2. Emergency Maintenance
Emergency work may occur without normal advance notice where reasonably necessary to protect the network, customers, security, infrastructure, compliance, or service continuity.
7.3. SLA Treatment
The treatment of planned or emergency maintenance, including any scheduled-maintenance exclusions, is governed by the applicable SOF or SLA. In the absence of a specific agreement, maintenance that complies with this clause will be treated in accordance with applicable law and regulation.
8. Force Majeure
Neither party will be in breach of these Terms to the extent that it is prevented or delayed in performing its obligations by a genuine force-majeure event outside its reasonable control, including, where applicable: natural disaster; earthquake; flood; landslide; severe weather; fire; war; civil disturbance; terrorism; catastrophic external fiber damage; international cable failure; major utility failure; government restriction; lawful regulatory action; or a court order.
- Only obligations actually prevented or delayed by the event are affected.
- Accrued payment obligations are not automatically erased.
- EWNET will use reasonable mitigation and restoration efforts within its control.
9. Fair Usage Policy (FUP)
Residential and shared broadband packages are subject to a Fair Usage Policy designed to ensure equitable bandwidth distribution across subscribers. Where a threshold applies, the applicable thresholds are those defined in the relevant package, tariff, or EWNET's published Fair Usage Policy.
Fair Usage Policy: Where excessive data consumption exceeds the applicable threshold defined in the relevant package, tariff, or published Fair Usage Policy, temporary speed adjustments may apply until the beginning of the next billing cycle, or as the applicable policy provides. Dedicated Enterprise, DIA, and leased-line services are governed by their specific commercial terms and are exempt from standard residential FUP limits.
Quality of Service (QoS): EWNET endeavours to maintain network performance in accordance with the quality-of-service obligations prescribed by the NTA and applicable law.
10. Billing and Payment
10.1. Advanced Billing
Recurring broadband and internet services are billed in advance on a monthly, quarterly, semi-annual, or annual cycle as specified in the applicable Service Order Form.
10.2. Taxes and Statutory Charges
Applicable taxes, statutory charges, and regulatory fees shall be applied as stated in the applicable published price, invoice, Service Order Form, or tariff.
10.3. Payment Due Date
Invoices must be settled in full on or before the due date specified on the invoice. Late payment fees or reconnection fees apply only where they form part of an approved, published, or agreed commercial arrangement.
10.4. Non-Payment
For accounts that remain unpaid, EWNET may impose reasonable restrictions, throttle the Service where applicable, suspend the Service, or terminate the account in accordance with the applicable agreement and regulatory requirements. EWNET will not impose arbitrary penalties beyond the agreed commercial terms.
11. Acceptable Use and Security
11.1. Lawful Use
The Customer agrees to use the Service for lawful purposes in compliance with applicable Nepalese law.
11.2. Prohibited Actions
The Customer shall not, except where permitted by applicable law:
- Engage in illegal Voice over IP (VoIP) bypass activities, illegal call termination, or telecommunications fraud.
- Resell, sublease, redistribute, or extend the Internet connection to external premises or third parties without explicit written consent and authorization from the Company.
- Host, transmit, or share unlawful content, or content that infringes the rights of third parties.
- Engage in malicious cyber activities, including Denial of Service (DoS) attacks, network scanning, distribution of malware or ransomware, or unauthorized access to remote systems.
These restrictions are directed at unlawful or abusive conduct under applicable law; they do not give EWNET general censorship powers over lawful content.
11.3. Cybersecurity
Internet access cannot be guaranteed free from malware, phishing, ransomware, cyberattacks, compromised websites, or third-party vulnerabilities. Customers remain responsible for reasonable endpoint security unless EWNET has contracted to provide a managed security service. This clause does not exclude EWNET's own applicable cybersecurity obligations.
12. Suspension and Termination
12.1. Termination by Customer
The Customer may request termination of the Service by submitting a written notice at least fifteen (15) days before the expiration of the current prepaid cycle, subject to the settlement of all outstanding dues.
12.2. Suspension or Termination by Company
EWNET may suspend or terminate the Service immediately for serious cases, including fraud, illegal activity, a major security attack, network abuse, a material risk to other subscribers, a court order, a regulatory direction, or an emergency. For ordinary contractual breaches, EWNET will provide reasonable notice and an opportunity to cure where required by law or the applicable agreement. Nothing in these Terms affects rights or remedies EWNET may have under applicable law.
13. Privacy and Data
13.1. Privacy Policy
EWNET respects subscriber privacy. Personal information is handled subject to applicable privacy law, telecommunications obligations, and regulatory requirements. For detailed information on how your personal data is collected, used, shared, and retained, please see our Privacy Policy.
13.2. Lawful Disclosure
EWNET may disclose or preserve subscriber information where required or permitted pursuant to a valid court order, applicable law, a lawful regulatory requirement, a legally binding direction, or another lawful request from a competent authority. EWNET does not disclose customer information at its unrestricted discretion.
13.3. Technical, Security, and Billing Records
EWNET may maintain reasonable records for the purposes of service operation, billing, troubleshooting, security, abuse prevention, regulatory compliance, dispute resolution, and lawful obligations, subject to applicable law. Retention periods are set out in our Privacy Policy and internal policy documents, as applicable.
14. Limitation of Liability
14.1. Limited Liability
To the maximum extent permitted by applicable law, EWNET will not be responsible for indirect or consequential losses attributable solely to external third-party services, customer-controlled systems, customer equipment, external networks, or genuine force-majeure conditions. This may include indirect loss, consequential loss, loss of business opportunity, or loss caused solely by the failure of third-party Internet services.
14.2. Mandatory-Law Safeguard
Nothing in these Terms excludes or limits:
- liability that cannot lawfully be excluded or limited under applicable law;
- applicable consumer or statutory rights;
- regulatory compensation or remedies; or
- mandatory statutory remedies.
14.3. Customer Indemnity
To the extent permitted by applicable law, the Customer may be responsible for losses or claims directly resulting from the Customer's unlawful use, intentional misconduct, telecommunications fraud, unauthorized resale, material breach, or infringement of third-party rights. The Customer is not required to indemnify EWNET for EWNET's own unlawful conduct, wilful misconduct, gross negligence, or any liability that may not lawfully be excluded.
15. Compensation and Service Credits
Where applicable law, NTA requirements, published company policy, or a specific SLA requires compensation, a proportional tariff adjustment, a service extension, a service credit, or another remedy, EWNET will apply the required remedy.
Specific Enterprise, DIA, or leased-line contractual service credits follow the applicable SLA. Treatment of external-cause events follows applicable law, regulation, or the applicable SLA.
16. Complaints and Disputes
Disputes and complaints are handled through a staged process:
- The Customer contacts EWNET's support or compliance desk.
- EWNET investigates the matter in good faith.
- Regulatory complaint and review rights remain available where applicable, including administrative review by the Nepal Telecommunications Authority (NTA).
- Court rights remain available where applicable.
These Terms do not eliminate NTA or statutory complaint rights.
17. Agreement Priority and General Provisions
17.1. Document Priority
These general website Terms, service or package-specific terms, the Service Order Form, and any specific negotiated Enterprise or DIA SLA form a single contractual framework. Where a specific SOF or SLA expressly governs a subject differently from these general Terms, the specific agreement governs that subject, subject to mandatory law and regulatory requirements. These Terms do not override a signed SLA.
17.2. Severability
If any provision of these Terms is invalid, unlawful, or unenforceable, the remaining provisions continue to operate to the extent permitted by law.
17.3. No Waiver
A failure or delay in enforcing a right on one occasion does not automatically waive that right permanently.
17.4. Assignment and Transfer
The Customer should not transfer the Service, account, or equipment to another person or premises where technical, billing, KYC, or regulatory approval is required. This provision does not restrict lawful corporate rights more than necessary.
17.5. Changes to Terms
EWNET may revise these Terms because of legal, regulatory, security, technical, operational, or commercial changes. Material changes affecting existing Customers will be communicated where required by law, regulation, the applicable agreement, or reasonable commercial practice.
17.6. Website Information
Website content describes the Services generally. Website information does not automatically override an executed Service Order Form, package-specific terms, or an SLA. Coverage, technical feasibility, and availability may require verification.
18. Governing Law and Jurisdiction
These Terms are governed by the laws of Nepal. Litigation arising under these Terms shall be subject to the competent courts of Nepal. Nothing in this clause excludes or limits regulatory, consumer, or administrative procedures, and court jurisdiction does not exclude the Nepal Telecommunications Authority or any other competent authority.
All services provided within the territory of Nepal are subject to local statutory regulations and legal jurisdiction under the Telecommunications Act, 2053, the Electronic Transactions Act, 2063, and all applicable NTA directives.
19. Regulatory Supremacy
If any provision of these Terms is inconsistent with a mandatory requirement of applicable Nepalese law, EWNET's telecommunications licence, or a binding requirement, order, decision, bylaw, or directive of the Nepal Telecommunications Authority or another competent authority, the mandatory requirement shall prevail to the extent of the inconsistency.
20. Contact Us
For questions regarding these Terms, service agreements, or billing inquiries, please contact our compliance desk:
Everest Wireless Network Pvt. Ltd.
Registered Address: Pending verification