Kashyap Infomedia Private Limited (hereinafter referred to as “KashyapInfomedia.com“) AND You (hereinafter referred to as “Customer“). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term “Customer” shall refer to such entity.
WHEREAS the KashyapInfomedia.com provides various Website Designing & Development and other related products and services;
AND WHEREAS the Customer wishes to buy KashyapInfomedia.com‘s Products and Services;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, KashyapInfomedia.com and the Customer, intending to be legally bound, hereby agree as follows:
(b) “Budget” means the estimated expenditure provided by the Web Developer, which the Owner is willing to spend upon the Development work of the Website as set out in the Operative Specification.
(c) “Customer”, “User” or “You” refer to the individual or entity who avail of any website product or services from KashyapInfomedia.com.
(d) Documentation means the user manuals, technical documentation and training manuals in readable form to enable a reasonably skilled computer operator to run the Website.
(e) “Domain Name” refers to the URL or the name for a website, which is made available available for registration by KashyapInfomedia.com along with Website Development services offered under these Terms;
(f) “Due Date” shall mean expiry of a period of fifteen (15) days from the date of an invoice raised by KashyapInfomedia.com;
(g) Effective Date means the date from which website development work has to begin.
(h) “Hosting” or “Web Hosting” means hosting of website services made available by KashyapInfomedia.com in terms of this Agreement and includes Shared Hosting, Virtual Private Server and Dedicated Server;
(i) “Intellectual Property Rights” or “IPRs” means any and all patents, trademarks, rights in Domain Names, rights in designs, copyrights and database rights, rights in Restricted Information and all other intellectual property rights of a similar or corresponding character which may exist in any part of the world.
(j) “Initial Term” shall mean a period of 12 months from the Service Commencement Date.
(k) “Kashyap Infomedia”, “we”, “us” and “our” refer to the website www.KashyapInfomedia.com.
(l) “Online Marketing” or “SEO” refers to the online marketing of a website and search optimization of a website to increase the number of visitors through organic search;
(m)“Operative Specifications”means the specifications according to which the Website is to be developed, as annexed with the Website Development Agreement.
(n) “Order” refers to a KashyapInfomedia.com products/services ordered by the Customer having a unique Order ID assigned to it.
(o) Payment Terms means the terms as agreed between the parties, as per the Annexed details.
(p) “Products/Services” refer to the Web-based products/services made available by KashyapInfomedia.com, including but not limited to, Domain Names, Website Hosting, Website Services, Multimedia Services, Internet Marketing, etc.
(q) “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information;
(r) “Registration data” refers to the information provided by the Customer in the Agreement or the Customer registration form and any other information provided later;
(s) “Renewal Term” shall mean rolling periods of the same length as the Initial Term which shall automatically commence after the expiry of the Initial Term (or as the case may be a Renewal Term) unless notice is given by either Party in the manner described in this Agreement to stop the Services, at least thirty (30) days prior to expiry of Initial Term (or as the case may be a Renewal Term).
(t) “Restricted Information” means all business, technical, financial or other information created or exchanged between the parties during the course of website development process, including but not limited to its concept, details & nature of the website.
(u) “Sensitive Information” or personal data of a person means such personal information which consists of information relating to password, financial information, etc as defined under Information Technology Act and Rules thereunder;
(v) “Service Commencement Date” shall mean the date of acceptance by Customer under a separate Website Development Agreement for Website Development issued by KashyapInfomedia.com.
(w) “Subject Matter” means all text, graphics, logos, photographs, images, animation, sound, illustration and other material and related documentation featured, displayed or used in or in relation to the site.
(x) “Term” means the Initial Term and any Renewal Term may be referred to collectively in this Agreement.
(y) “Website Development” services means designing and development of a business website or ecommerce website or other customized website as per the customer preferences including logo/graphic designing, content writing and related services.
(z) “Web Maintenance” means maintaining of the website by the Web-Developer or a specified period from the date of launch of the Website as agreed under Website Development Agreement and further maintenance as may be mutually agreed upon.
Other terms would have meaning as defined under Information Technology Act, 2000 and rules made thereunder.
You agree that, by accepting to avail our products/services and signing the Website Development agreement offline or by completing online registration process at KashyapInfomedia.com, you will be additionally bound by the following Agreement. Further, that this agreement will be read together with the Agreement for Website Development for the service issued to YOU as a Customer by KashyapInfomedia.com. We intend this to be the legal equivalent of your signature on a written contract, and equally binding.
a) KashyapInfomedia.com services owned and operated by Kashyap Infomedia Private Limited, Mumbai is provided to you under the terms of this User Agreement, annexed policies and any other operating rules or policies that may be published by us on the website from time to time.
b) All the terms set here are presented in English language and it is the sole responsibility of Customer to understand these terms accurately in the language he understands. You must read, understand and agree with and accept all of the terms and conditions contained in these Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you use services or register at this website.
c) You warrant that you as a Customer has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.
d) The term of this Agreement for renewable services shall be 1 (ONE) YEAR from the Effective Date and will automatically renew for successive Renewal Term. The Term shall continue until the earlier to occur of the following:
(i) the Agreement is terminated as provided under Termination clause; and
(ii) The Customer elects not to renew at the end of the Initial Term or any Renewal Term in term of this Agreement.
e) We strongly recommend that, as you read this Agreement, you also access and read the information contained in Annexures and other pages/websites referred to in this document, as they may contain further terms and conditions that apply to you as a user/customer at this site.
3. Modification to the Agreement
a) We reserve the right to modify this Agreement at anytime by posting a new agreement on our site, you should always review them prior to using the Site.
b) In case, any modification to the agreement is unacceptable to you from the next renewal term, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.
c) Further, we reserve the right to change or discontinue sale of specific products or services or its prices, from time to time, which will be posted on the website.
a) Customer shall sign a website development agreement offline with KashyapInfomedia.com for provision of Services. Subject to clause c) below. KashyapInfomedia.com agrees to provide Services, as set out in the said Website Development Agreement, from the Service Commencement Date till the end of the Initial Term, in accordance with the terms of this Agreement.
b) KashyapInfomedia.com may also provide additional services like yearly maintenance, marketing services, etc as and when requested for by the Customer and accepted by KashyapInfomedia.com. Fees for such services may be fixed and mutually agreed between the Parties as a part of Operative Specification.
c) KashyapInfomedia.com shall be entitled to refuse to accept orders (a) that are not in accordance with this Agreement, or (b) that are issued for services / facilities not covered in the Service Catalogue or (c) that contain terms and conditions or prices that are contrary to the understanding of the Parties or (d) at its sole discretion.
4. Initial Term
a) The Initial Term for the Services shall commence on the Service Commencement Date. Customer acknowledges and accepts that the provision of Services by KashyapInfomedia.com shall be subject to a minimum service period of 1 year from the Service Commencement Date (“Minimum Service Period”). The Customer shall not be entitled to terminate this Agreement during the Minimum Service Period for any reasons whatsoever except for the sole reason as specified in this agreement.
b) Notwithstanding anything contained herein, if the Customer terminates this Agreement before the expiry of Minimum Service Period, then the Customer undertakes and agrees to pay KashyapInfomedia.com, on or before the effective date of termination of this Agreement, an early termination compensation of an amount equivalent to the fee payable for the balance period of the Minimum Service Period, calculated from the effective date of termination of this Agreement.
c) On expiration of the Initial Term, the Renewal Term shall automatically commence upon the same terms and conditions mentioned in this Agreement, as may be amended as on date.
d) In the event a Party does not wish to extend/renew this Agreement after the expiry of the Initial Term or as the case may be a Renewal Term, that Party shall send a written notice of at least thirty (30) days prior to the expiry of the Initial Term or the Renewal Term as the case may be, to the other Party. Upon receipt of such notice by the other Party and expiry of the Initial Term or a Renewal Term (as the case may be), the Agreement shall be deemed to have expired.
5. Available Products/Services
The following more applies to specific services, offered by KashyapInfomedia.com:
5.1 Website Development
We specialize in crafting unique websites with rich and user friendly features. We build bespoke internet applications, analytics, ecommerce & shopping carts, Custom and ready-made CMS. These website development services are additionally subject to the following:
I. KashyapInfomedia.com’s Obligations
a) To develop and maintain the website in accordance with the operative specification.
b) To carry out programming changes all over the website and maintain the website as per the requirements that may arise from time to time or/and in accordance with the Operative Specifications.
c) To advise the Customer in relation to all matters arising in the course of the Venture;
d) To review, update, maintain and carry out such other technical and administrative functions of the website in order to enable the Customer’s Website to perform functionality and confirm to the Operative Specifications and the laws of the land.
e) To provide all web related services that will assure smooth running of the website (24X7) including but not limited to Web-Hosting, Domain Management, etc.
f) To provide a soft copy of all the Website Development work carried out, as a backup copy to the Customer, prior to the launch of the Website.
II. Alteration / Modification
a) The Customer may at any time request for any additions/alterations (not covered by the operation specifications) to the Website by giving written notice of such request to the KashyapInfomedia.com. Within 2 working days of receipt of such a request, the KashyapInfomedia.com shall indicate by notice in writing to the Customer, the Terms upon which they shall perform the alteration requested by the Customer, including the effect of the alteration on the Price and the Website. If necessary, amendments may be incorporated in the Operative Specification. In no event shall KashyapInfomedia.com be obligated to proceed with any change unless the foregoing adjustments have been agreed upon in writing by the Parties.
b) Notwithstanding the above, at any time and with prior consent of Customer in case of material changes, KashyapInfomedia.com reserves the right to make changes in design, construction, arrangement and provision of Services; provided such changes do not result in any increase in the price or time for performance or alter any performance guarantees or warranty obligations set forth herein. Customer shall not unreasonably withhold its consent in case of material changes.
c) By agreeing to these terms and conditions your statutory rights are not affected. KashyapInfomedia.com reserves the right to alter prices displayed on the website at any time without prior notice. If a client has availed any services from KashyapInfomedia.com prior to a change in prices, that shall not be subject to any increase, but any subsequent services may be subject to an increase (unless otherwise agreed to with the client in the terms of web developer Agreement).
a) The charge for a website development depends upon the preferences / customization required by a client. An estimate is made available in advance to the Customer on knowing of exact requirements, it can be worked out as Lump Sum or on Hourly basis.
b) The KashyapInfomedia.com shall send an invoice concerning the outstanding Charges to the Customer periodically as maybe mutually agreed between the parties, which shall be paid by the due date. KashyapInfomedia.com shall not exceed the projected expenditure in the Budget without prior written consent of the Customer.
c) General reworking and editing of artwork and photography supplied by the client will be included in the quote but where KashyapInfomedia.com considers the amount or extent of work involved in editing or reworking assets KashyapInfomedia.com reserves the right to charge for the time of carrying out such work at its usual company hourly rates.
a) All the Copyrights and other Intellectual Property in the work created at KashyapInfomedia.com during performance of this Agreement, will vest with the KashyapInfomedia.com. That includes, copyright of any material, including design, artwork and the source code, created during the project. We reserves the right to retain the copyright on all material created by Kashyap Infomedia Pvt Ltd. But copyright may be transferred to the client, only if previously so agreed upon in writing, provided no outstanding dues are pending against that customer’s account.
b) Further, it is fairly assumed that in all the material made available by the customer, he either has proper intellectual property rights over the same or is authorized to make available the same. In no case, KashyapInfomedia.com can be held responsible for the source code or the graphics/images used on the website while designing, re-designing or development of website, which have been made available by the customer only.
a) KashyapInfomedia.com endeavours through it’s services to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari, but we cannot always guarantee the same performance for future updates or compatibility with third party extensions. Kindly, contact support for further website changes, faced in such circumstances.
b) Every website developed by KashyapInfomedia.com carries a signature at the bottom of every website page “Designed / Developed and Marketed by Kashyap Infomedia” linking back to KashyapInfomedia.com. The said signature can be removed, only if customer pays additional cost of 30% of the total invoice amount charged to the customer.
c) For photography and graphics, we may use stock photographs and images in the design and build of the site. Images and graphics purchased from stock libraries are not generally included in the quote and will only be included once the client has approved the additional cost.
d) KashyapInfomedia.com reserves the right to showcase its creation including graphics and other web design elements as examples of their work in its portfolio on it’s website or an offline catalogue/brochure of it’s work and also represent the same to the prospective clients.
e) KashyapInfomedia.com warrants and represents to the Customer that the website will provide facilities/functions and otherwise perform as set out in the Operative Specifications.
5.2 Domain Names
We do provide domain registration service along with website development services. Though, KashyapInfomedia.com is not an ICANN accredited Registrar but acts as a reseller to other ICANN/NIXI accredited registrar. So all customers who purchase a domain or transfer a domain to us are bound by some additional terms and conditions as provided during Domain Registration process. Domain purchases as well as domain transfers are billed at different prices as may be applicable to respective gTLDs/ ccTLds/ new TLDs.
If you have registered a Domain name at KashyapInfomedia.com with a hosting package and later choose to cancel your hosting plan with KashyapInfomedia.com or fail to pay your renewal we will not be renewing your domain past the cancellation date of your hosting plan. We are not responsible for domains that expire if you no longer have an active hosting plan. Furthermore,
a) Domain/ Hosting service registration are third party services, KashyapInfomedia.com will be registering on the customer’s behalf in the name of Kashyap Infomedia Pvt Ltd. But KashyapInfomedia.com agrees to transfer the ownership of the Domain Name in customer or his authorized agent, provided that all accounts have been settled by the customer.
b) Customer is required to provide correct and maintain up-to-date registrant information for the registered Domain Names, which is also made available as WHO-IS information under ICANN policy. Providing any false WHOIS information can lead to suspension and later cancellation of Domain Registration, as per the ICANN rules.
c) Customers have the option though to choose Privacy Protect option and hide the WHOIS information, with some specific details made available by privacy services. Note, this feature is available for specific TLDs only like .Com, .Net, .Org and more but no to .IN Domain Names.
d) Once a Domain Name is ordered for registration online at KashyapInfomedia.com and the time taken for the payment to be credited at our end, the Domain remains available to public for registration globally. Therefore, we suggest you to select an online payment method through a secured payment gateway, for the order to be completed in an instance.
e) Before specified number of days before renewal at regular intervals, you may receive automatic renewal notices through Domain Control panel, or even additionally KashyapInfomedia.com may send reminders to you before your Domain, Hosting or Maintenance contract comes for an annual renewal.
f) If you do not renew your domain before the expiration date you run the risk of losing your domain. And in no case, KashyapInfomedia.com can be held responsible for failure to renew a Domain Name. It’s your duty to confirm by checking WHOIS information for the Domain Name status on renewal date, that your Domain has been duly renewed, else send a reminder to us.
g) On renewal of the Domain & Hosting services, if the customer does not pay within the Due Date and as a result the Domain Name goes into expiration, the customer understands that website will automatically stop working being deactivated at the Domain Registrar’s end. Further, KashyapInfomedia.com will have complete right to treat the expired domain in any fashion, that may include its further renewal in it’s own name or selling the name in aftermarket and so on.
h) Lastly, when Domain is in the Deletion process, after its expiration, KashyapInfomedia.com makes no guarantee about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase. This is governed by respective Domain Deletion Cycle policies, as may be applicable to different Domain Name extensions. Please refer to various registry guidelines in this respect.
5.3 Website Hosting
Website Hosting includes Shared Hosting to Virtual Private Servers to Dedicated ones. In particular following applies to you:
a) With the website development services, KashyapInfomedia.com attempts to provide world class hosting services, with it’s servers based in USA. It can be shared hosting, a VPS or even a dedicated server based upon the requirements / needs of a customer. We aim to achieve best possible service availability of our Hosting Services for all customers at all times.
b) Though we do take weekly backups of our servers, but any restoration of a hosting account to a previous state, will be chargeable. In any case, we would rather advise you to maintain your own data backups on local machines or otherwise offline, which will be a great asset available to you, in a similar breakdown situation. However, such a situation is a rare case, but cannot be avoided sometimes. This is why we recommend all our clients to take regular backups for all their important data and use Outlook for email stored online.
c) Upgrades and other changes in KashyapInfomedia.com‘s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. KashyapInfomedia.com reserves the right to change its network in its commercially reasonable discretion, and KashyapInfomedia.com shall not be liable for any resulting harm to Customer. In any case, we recommend local backups at your end as advised under clause (b).
d) The Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below –
(1) As a backup/storage device.
(2) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
(3) Use over 5% of CPU or 128 MB of RAM (memory).
(4) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(5) Run any type of web spiders or indexers.
(6) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(7) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(8) Participate in any P2P or file-sharing networks.
(9) Run any gaming servers.
(10) Run cron entries with intervals of less than 15 minutes.
(11) Store over 100,000 files and over 3,000 immediate child files in a folder.
(12) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(13) Run any MySQL queries longer than 15 seconds or 15 concurrent MySQL connections. Database queries should not exceed 3,500 per hour.
(14) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders may be used by only one company/Customer to host multiple domain names/websites.
(16) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent’s sole discretion.
(17) Send over 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time. POP connections are limited to 60 per hour.
(18) Use the email service for sending or receiving unsolicited emails.
(19) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using KashyapInfomedia.com Email Marketing Solution (EmailConnect) rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(20) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name/hosting services.
(21) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
(22) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
e) With every Hosting account package, customer is allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account exceed the allocated bandwidth, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.
f) Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must upgrade to a VPS or a Dedicated Server.
5.4 Online Marketing
Internet Marketing offered services include Social Media Optimization, is available subject to the following Terms and Conditions:
a) Internet Marketing work is governed by many factors which are outside the direct control of KashyapInfomedia.com and indeed, any other online Marketing company. Therefore, no reputable company can guarantee particular results.
b) KashyapInfomedia.com however guarantees improvement provided in a client’s website organic search engine results provided all of KashyapInfomedia.com advice are followed. Ranking results will be performed once every month. Results are based on listings on Google results.
c) Monthly reports (where applicable) will be circulated to clients within the first five working days of each month. The delay is inevitable in order to take into account metrics which accumulate over time and have a built-in time lag.
d) KashyapInfomedia.com do not represent or warrant that Customers’ URLs will achieve a favorable position, or any position, within a particular search engine or a social media network.
e) KashyapInfomedia.com shall not be responsible for URLs dropped or excluded by a search engine for any reason.
f) KashyapInfomedia.com do not warrant or represent that the use or the results of the use of the materials available through the Internet Marketing Services or from third parties will be correct, accurate, timely, reliable or otherwise.
g) The fees for the performance of the services are as agreed beforehand in terms of the agreement. KashyapInfomedia.com shall invoice the Client for the services, which is required to be paid in advance and in no case, later than 5 days from the date of the invoice unless by prior agreement with KashyapInfomedia.com.
h) Advance payments are non refundable once the project has started or is in progress.
i) Any additional SEO services you add to your existing SEO services at a later date, will incur an additional charge.
j) We do not hold you into a contract but by agreeing to these terms and conditions you agree you will serve us with a minimum of 30 days’ notice in writing before the end of the current term of the agreement, if you wish to cancel your Internet Marketing services at any stage.
k) In the unlikely event that you choose to end your contract with KashyapInfomedia.com, it is solely your responsibility to remove any access you have granted us to, for example, your ftp details, your back office, Google accounts or services or any other accounts.
l) We will always recommend keywords/phrases that have the potential to bring you the quickest return on your investment. If you pick your own that we do not recommend and KashyapInfomedia.com cannot guarantee any timescales or increase in traffic as a result.
m) Any SEO work you perform out with our recommendations, including link building, changes to your website or anything else that negatively affects your rankings or your conversions will not be deemed the responsibility of KashyapInfomedia.com.
5.5 Other Services
Any other web related services which could be offered by us, would be subject to the following additional terms:
a) The charges for these services would depend upon the nature of the work and effort required. An estimate is made available to the Customer on knowing of exact requirements either as a part of Operative Specification or otherwise at a later stage, which can be a specific fixed amount or we can also provide you with services on per hour basis.
b) The charges are to be paid as per the schedule made available to you, as the time of entering into the agreement for the required service, which may include some advance payment for the work to begin. And 100% payment before the complete work is made available at your end as provided herein below under the clause 6 (a).
c) Also note, advance payments are non refundable.
6. Pricing and Renewals
The various products and services rendered through KashyapInfomedia.com, are subject to prices/costs as communicated at the time of entering into the agreement or in some cases, may be indicated against them on respective product/service pages. Customer shall pay all applicable fees/advances as agreed in advance with respective products and services. Furthermore, the following applies to you, as a customer:
a) The charges are to be paid as per the schedule made available to the Customer, at the time of entering into a website agreement, which may include some advance payment for the website designing work to begin. Generally, we charge upfront – 40% of the agreed amount, on layout approval – 30% and balance on completion but before going live, i.e. 100% payment before the website is made available publicly. Also note, advance payments are non-refundable or as may be indicated under the Refund Policy.
b) The applicable charges will be indicated in the agreement or in some cases may be displayed in the Customer Control Panel. KashyapInfomedia.com has the right to revise this pricing at anytime. Any such revision or change will be binding and effective immediately on posting of the revision in the Customer Control Panel or on the KashyapInfomedia.com Website or on notification to the Customer via email to the Customer.
c) Customer acknowledges that it is the Customer’s responsibility to keep records and maintain reminders regarding the expiry of any Order. Though as per policy, we do issue reminders to the Customer of any expiring Orders in advance, via an email message sent to the contact information associated with the Customer in our database. You agree that until and unless you notify KashyapInfomedia.com of your desire to cancel any or all services received, those services will be billed on a recurring basis. KashyapInfomedia.com reserves the right to change the monthly payment amount and any other charges at anytime.
d) Customer acknowledges that after expiration of the term of an Order, Customer has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to KashyapInfomedia.com. KashyapInfomedia.com and Service Providers may make any modifications to said Order or any information associated with said Order and may choose to monetize such requests in any fashion at their sole discretion. And also may choose to delete or transfer said Order at anytime after expiry upon their sole discretion. Customer acknowledges that KashyapInfomedia.com and/or Service Providers shall not liable to Customer or any third party for any action performed under this clause.
e) KashyapInfomedia.com at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately. Such renewal after the expiry of the Order, depending upon cases to case, may not result in exact reinstatement of the Order in the same form as it was prior to expiry.
f) All invoices must be paid within fifteen (15) days of the invoice creation date. Any invoice that is overdue for more than seven (07) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, KashyapInfomedia.com may suspend or terminate your account and pursue the interest thereon, collection costs (minimum of Rs 1000) incurred by KashyapInfomedia.com, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. KashyapInfomedia.com will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
g) Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact KashyapInfomedia.com directly after you make a late payment to reactivate the dedicated server.
h) You have thirty (30) days to dispute any charge or payment processed by KashyapInfomedia.com. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
7. Refund Policy
Being into web services, we do not offer any refund against any services, except in exceptional circumstances. For example, in case of Domain Registration typo error creeps in during registration, but only if it is as a result of overlook at our end.
In case of Website Designing & Development, the advance payment is not refundable which mostly covers development costs, Domain registration, Hosting, etc. Further, amount charged are never asked for except for the work already done and approved by you, so no refund policy apply in that case.
In any exceptional circumstances, if you feel you are eligible for any refund, please contact us at firstname.lastname@example.org.
8. Suspension of Services
A. Temporary Suspension of Services Without Prior Notice:
Customer agrees and accepts that KashyapInfomedia.com shall be entitled to suspend Services without prior notice in circumstances such as:
(a) The KashyapInfomedia.com data centre being affected by viruses/malware;
(b) “Network flooding” or “DDOS” attacks at KashyapInfomedia.com premises;
(c) Faulty hardware at KashyapInfomedia.com’s data centre;
(d) The Services being used by the Customer in violation of the terms and conditions mentioned in the AUP or this Agreement;
(e) To protect the servers maintained by KashyapInfomedia.com in the event of a threat of breakdown or where there is a valid reason to believe that not suspending the Services would cause loss to the other customers of KashyapInfomedia.com;
(f) In cases where suspension is required by law; and
(g) In such other circumstances as KashyapInfomedia.com may reasonably determine.
KashyapInfomedia.com shall inform Customer as soon as possible of such suspension.
B. Subject to Clause 8.1 above, Customer agrees that the Services may be suspended by giving at least 48 hours prior notice electronically, with an opportunity of being heard, for Customer to remedy a situation under circumstances such as the following:
a) KashyapInfomedia.com has reason to believe that Services are being used by the Customer in violation of the terms and conditions mentioned in the Agreement and annexed policies;
b) KashyapInfomedia.com believes that the Services provided by KashyapInfomedia.com to Customer are being used by non-authorized persons without the consent of KashyapInfomedia.com;
c) In situations where there is no cooperation from Customer during investigation of suspected violation of the Agreement; and
d) In such other circumstances as KashyapInfomedia.com may reasonably determine.
C. Without prejudice to KashyapInfomedia.com’s rights of termination clause, if the Customer fails to fulfill its payment obligations, KashyapInfomedia.com may at its discretion (i) suspend performance of Services, or (ii) continue performance of Services if KashyapInfomedia.com deems such continuance to be appropriate.
D. Customer agrees and acknowledges that in the event of suspension of Services for the reasons as specified in Clauses above, Customer shall be responsible for all fees and charges for the Services incurred through the date of suspension. Customer understands that KashyapInfomedia.com’s aforesaid right to suspend is in addition to its right to terminate under this Agreement. Further, the Services shall be reactivated upon payment of charge (minimum of Rs. 2,500) by the Customer to KashyapInfomedia.com.
E. In the event suspension of Services, KashyapInfomedia.com will not guarantee and will not be responsible/liable for availability of the data and files of the Customer after such suspension. KashyapInfomedia.com shall not be held liable for any loss of data, content or files of the Customer upon such suspension.
9. Retention & Backup Policy
The system logs of the servers hosting the client data and applications
In case of any disaster recovery situations within our network, we will have backup available with us to restore the Data to the main Server. But, kindly note, we may have maximum of 2 weeks of backed up data, previous to the date of the incident.
But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a KashyapInfomedia.com user agree that in no case, KashyapInfomedia.com can be held responsible for loss of data in any circumstances.
a) To be able to buy any products or avail any of the services offered by us, you need to be competent to contract as per the Indian Contract Act, 1872, which excludes minors, i.e. persons below the age of 18 years, persons of unsound mind and undischarged insolvents.
b) Further you confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this agreement or online services of nature and function similar to ours.
c) You also confirm that your are not violating any applicable law by entering this agreement. We reserve the right to terminate your services and refuse to provide access to the Site in case of any such violation.
11. Customer’s Obligations
a) The Customer shall guide the KashyapInfomedia.com from time to time, throughout the website development process and its maintenance.
b) The Customer shall deliver the Subject Matter to the KashyapInfomedia.com in the agreed format and ensure that it is correct and shall update the Content when required to do so pursuant to this Agreement.
c) Being in control of control panel for Domain/Hosting, Customer is responsible for maintaining the confidentiality of the Login/ Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur due to your use or under your account or Password.
d) Further, you agree:
○ To provide true, accurate, current and complete information about yourself pursuant to the agreement and regularly maintain and promptly inform as to any changes and also Domain WHOIS Data is to be true, accurate, current and complete.
○ To use the services only for the purpose that are permitted by the aforesaid Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
○ That you will be solely responsible for any breach of your obligations under the terms and for the consequence of any such breach, including any loss or damage, which we may suffer as a result and that we cannot be held responsible to you or to any third party.
○ That your account and the activity under it are subject to review from time to time by us. On the basis of the internal report, your account or access to any services or products may be blocked or may become subject of deletion if found to be objectionable, obscene or offensive, without any prior notice to you.
○ That you agree to maintain a backup copy of all content hosted by KashyapInfomedia.com notwithstanding any agreement by KashyapInfomedia.com to provide any backup services. Also you need to keep upto date the scripts/code used upon the website for all times and for any exploits in the script, you will be solely responsible to compensate KashyapInfomedia.com.
○ That you agree that you will not solicit passwords or personal identifying information for any purposes from other accounts or try to hack into the server in any manner.
12. Code of Conduct
Further Customer agrees not to host, display, upload, modify, publish, transmit, update or share any information over the website or otherwise on our servers that —
i) belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
ii) is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii) harm minors in any way;
iv) infringes any patent, trademark, copyright or other proprietary rights;
v) violates any law for the time being in force;
vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii) impersonate another person;
viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
13. Abuse Policy
a) The Services provided to the User by KashyapInfomedia.com may only be used for lawful purposes. That is, when you sign up for KashyapInfomedia.com, you agree not to use the services to send spam, distribute viruses, or otherwise abuse the service, which is provided herein-above.
b) Transmission, storage, distribution or presentation of any Content in violation of any and all applicable laws is prohibited. In case any violation of either terms or Law of the land is discovered, we may suspend the service(s) and immediately initiate an investigation either internally or through any Government Agency, depending upon the circumstances of the case.
c) We may, at any and all times, in our sole and absolute discretion, during such an investigation, restrict your access in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, we may, at its sole discretion, restrict, suspend, or terminate a any service(s) and/or pursue other legal remedies.
d) KashyapInfomedia.com may also randomly monitor the user hosting accounts. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner and may also help to detect any violations as stated above.
e) You agree to grant the rights to us to reveal your identity (or any other related information collected on this service) if required by law or in case of any legal action or complaint arising from any situation caused by your use of this site. In exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you have stored/transmitted through KashyapInfomedia.com server/service. If you fail to produce such evidence, we may, in our sole discretion, block/terminate your access without notice.
14. Monitoring and Support
To ensure users receive the highest possible level of service, KashyapInfomedia.com may randomly monitor the client servers, applications and running services. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner.
In case of any Grievance with respect of any KashyapInfomedia.com services, Customer has the option to report the content, to the Grievance Officer, whose details have been published hereunder and also over Contact Page.
You can obtain assistance with any technical difficulty that may arise in connection with user’s utilization of the KashyapInfomedia.com Services by requesting assistance via email to email@example.com. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the KashyapInfomedia.com Services and users shall be responsible for all charges related thereto.
KashyapInfomedia.com may Terminate the Agreement by notifying the Customer in writing, as of the date specified in such notice of termination under the following circumstances:
b) In our sole discretion, may terminate the account/password or use of any or all of the services, for any reason, including, without limitation, for improper use of any service or if we believe that you are not eligible to avail the services. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
c) If you had provided any information that is untrue, inaccurate, not current or incomplete at the time of registration, or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, we have the right to indefinitely suspend or terminate your services and refuse to provide you with access to the Website.
d) You further agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and email messages and other information relating to you and/or bar any further access to any Service or all of the services, to protect our interest as an Intermediary. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
e) If you are adjudged insolvent or bankrupt, or if proceedings are instituted by or against a Party seeking relief, reorganization or arrangement or compromise or settlement under any laws relating to insolvency, or seeking any assignment for the benefit of creditors, or seeking the appointment of a receiver, liquidator or trustee of a Party’s property or assets or the liquidation, dissolution or winding up of a Party’s Business.
Otherwise,by any party by giving a 30 (Thirty) days notice of termination delivered or you may simply get your services/product subscription terminated at any point with or without cause by writing to us at firstname.lastname@example.org.
16. Force Majeure
a) Neither party shall be liable for any breach for its obligations resulting from causes beyond its reasonable control. Each of the parties agrees to give notice to the other party upon becoming aware of an Event of Force Majeure.
b) If a default due to an Event of Force Majeure shall continue for more than 15 days then the party not in default shall be entitled to terminate agreement. Neither shall have any liability to the other in respect of the termination of this agreement as a result of an Event of Force Majeure.
D. Legal Statements
17. Governing Law
Customer agrees to use the service in compliance with applicable law and this Agreement and the annexed documents. Further,
a) The Terms of Agreement and the relationship between you and us shall be governed by the laws of India. The Courts of law at Mumbai, MH, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
b) If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.
c) Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
d) Customers/Visitors who choose to visit these websites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.
e) The section titles in this Agreement and annexed documents are for convenience only and have no legal or contractual effect.
f) Third Party Legal Actions: It is our policy to respond with reasonable promptness to subpoenas and other legal process served on KashyapInfomedia.com that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:
a) That the KashyapInfomedia.com agrees to keep the Restricted Information confidential for all times. Also further shall cause its directors, officers, employees, agents or advisors to abide by the confidentiality clause.
b) The parties undertake to each other to keep confidential all information (written or oral) concerning the business and the affairs of the other, which has been obtained or received as a result of the discussions leading up to or the entering into of this agreement.
19. Intellectual Property:-
a) Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
b) Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by KashyapInfomedia.com to the Customer, or by any disclosure of any Confidential Information to the Customer under this Agreement.
c) Customer shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Customer acknowledges that KashyapInfomedia.com cannot and does not check to see whether any services or the use of the services under this Agreement, infringes legal rights of others.
d) Without limiting the foregoing, copying or reproduction, for redistribution or other purpose, of the web site or any part thereof to any other server or location, including caching of any kind is expressly prohibited.
e) Further, the customer agrees to indemnify KashyapInfomedia.com against any and all liability, loss, damage, costs, legal costs, professional and other expenses, of any nature whatsoever incurred or suffered by the Customer or by the Third Party whether direct, indirect or consequential arising out of any dispute brought by the third party alleging infringement of his intellectual property rights by the Website, the Content or the Software.
f) Unless, you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
g) In case of any notice received under DMCA or otherwise for Intellectual Property violation. KashyapInfomedia.com reserves the right to remove the content with or without issuing any notice to the Customer, depending upon the seriousness of the matter.
20. Grievance Officer
KashyapInfomedia.com shall address any grievances of users, whether registered or not, with respect to website content or any other aspects connected therewith, in a time bound manner. For this purpose, KashyapInfomedia.com has designated the following person as Grievance Officer in terms of Information Technology Act 2000:
Tel: (Mon-Fri – 10AM-5PM)
The appointed officer shall acknowledge the complainant within 36 hours electronically and resolve the matter within 30 days in terms of the Information Technology Act, if it is received through a government agency or based upon court order in accordance with ruling by Hon’ble Supreme Court. In other cases, KashyapInfomedia.com would look into the matter and try to resolve as far as possible.
21. Electronic Communications / Notices
a) Any notice or other communication required or permitted to be delivered to KashyapInfomedia.com under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.
b) When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to email@example.com.
c) The parties of this agreement agree that all the information concerned with the execution of this contract and other related and relevant information may be stored in the electronic form or as an electronic record provided that a hard copy of such information is available as a backup copy.
22. Authorized Signatory
a) For the purposes of this contract, the parties shall provide information in writing regarding the authorized signatories for this contract [along with their respective names and designations]. Also, parties shall clearly spell out the authorized signatories for correspondence relating to contract interpretation, modification or notices that are to be sent from time to time.
b) The contracting parties assume that the respective authorized signatories are the person recognized for the purpose of signing the contract in conformity with the legal documents of the firm/entity.
23. Entire Agreement
This Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Agreement shall be governed by the Laws of India.
24. Relationship of the Parties
Nothing contained in this agreement, and no action taken by the parties pursuant to this agreement, will be deemed to constitute a relationship between the parties of partnership, joint venture, principal and agent or employer and employee. Neither party has, nor may it represent that it has, any authority to act or make any commitments on the other party’s behalf.
The waiver by either party of a breach or default of any of the provisions of this agreement by the other party shall not be interpreted as:
a) A waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise; or
b) A way to avail itself of any right, power or privilege that it has or may have under this agreement to operate as a waiver of any breach or default by the other party.
Otherwise also, should KashyapInfomedia.com waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit kashyap infomedia to waive the same clause on any other occasion.
26. Other Policies
Annexure 2: Disclaimer