Terms & Condition
Terms & Condition
These terms and conditions (“Agreement”) govern your subscription and use of the online software services provided by [Creative Web Expert] (“Service Provider”) by the laws of India. By subscribing to and using the services, you agree to be bound by the terms and conditions outlined below:
- Subscription and Service Description:
- You may subscribe to the online software services offered by the Service Provider by completing the registration process and paying the applicable fees.
- The Service Provider will provide access to the subscribed services as described in the service description, subject to the terms of this Agreement.
- User Obligations:
- You agree to provide accurate, current, and complete information during the registration process.
- You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- You shall use the services solely for lawful purposes and in compliance with all applicable laws and regulations.
- You have taken all the legal consents of your clients whose login credentials, information, data, etc. are used by you. You are solely responsible for your actions made by you while using the services provided by the service provider.
- Intellectual Property Rights:
- The Service Provider retains all intellectual property rights related to the online software services.
- You acknowledge and agree that you do not acquire any ownership rights or licenses to the software or any intellectual property rights therein.
- Payment and Billing:
- You agree to pay the fees as specified by the Service Provider for the selected subscription plan.
- All fees are non-refundable.
- The Service Provider reserves the right to change the fees upon prior notice.
- Limitation of Liability:
- The Service Provider shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to the services provided.
- In no event shall the Service Provider’s total liability exceed the fees paid by you for the services during the twelve (12) months preceding the claim.
- Termination:
- Either party may terminate this Agreement for convenience by providing written notice to the other party.
- The Service Provider may terminate this Agreement and suspend your access to the services in the event of a breach of the terms outlined herein.
- Governing Law and Jurisdiction: This Agreement shall be governed by and construed by the laws of India. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in [Rajkot], [Gujarat], India.
- Miscellaneous:
- This Agreement constitutes the entire agreement between you and the Service Provider, superseding any prior agreements or understandings.
- If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- The Service Provider may modify these terms and conditions at any time, and such modifications shall be effective upon posting on the Service Provider’s website.
- Data and Security:
- The service provider will take reasonable measures to ensure the security and confidentiality of your data. However, you acknowledge that no data transmission over the internet is completely secure, and the service provider cannot guarantee absolute protection of your data.
- You agree not to engage in any activity that could compromise the security or integrity of the services, including but not limited to hacking, introducing viruses or malware, or attempting to gain unauthorized access to the service provider’s systems.
- Suspension or Termination of Services:
- The service provider reserves the right to suspend or terminate your access to the services immediately and without prior notice in the event of a violation of the terms and conditions, suspected fraudulent activity, or any other behavior that could harm the service provider or its users.
- Upon termination, your access to the services and any data associated with your account may be permanently deleted or inaccessible. The service provider shall not be liable for any loss of data or damages resulting from the termination of services.
- Indemnification: You agree to indemnify and hold harmless the service provider, its officers, directors, and partners. employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising out of or related to your use of the services, violation of this Agreement, or infringement of any intellectual property or other rights of any third party.
- Modification of Services: The service provider reserves the right to modify, suspend, or discontinue any or all parts of the services at any time, with or without notice. The service provider shall not be liable to you or any third party for any modification, suspension, or discontinuation of the services.
- Confidentiality: You agree to keep confidential any non-public information provided by the service provider that is designated as confidential or would reasonably be considered confidential. You shall not disclose such information to any third party without the prior written consent of the service provider, except as required by law.
- User Conduct: a. You agree to use the services in compliance with all applicable laws, regulations, and industry standards. b. You shall not engage in any activity that may disrupt or interfere with the operation or security of the services, or infringe upon the rights of other users or third parties.
- Third-Party Services:
- The services may integrate or provide links to third-party services or websites. The service provider shall not be responsible for the content, functionality, or privacy practices of such third-party services.
- Any use of third-party services is subject to the terms and conditions and privacy policies of those services, and you agree to comply with them.
- Support and Maintenance:
- The service provider will provide support and maintenance services as outlined in the service description or as agreed upon separately between the parties.
- The service provider reserves the right to modify or discontinue support for certain features or functionalities of the services.
- Amendment of Terms:
- The service provider reserves the right to amend or modify these terms and conditions at any time by providing notice to you. Your continued use of the services after the effective date of the amendments constitutes your acceptance of the modified terms.
Payment Terms & Condition
- Introduction: These terms and conditions apply to the User who uses the functionality for making payments. Kindly read these terms and conditions carefully. By authorizing a payment, it would be treated as a deemed acceptance of these terms and conditions. The service provider reserves all the rights to amend these terms and conditions at any time without giving prior notice. It is the responsibility of the User to have read the terms and conditions before using the Service.
- Payment under this mode is also subject to the terms and conditions of the bank providing a net banking facility. The user is expected to read the terms and conditions of the bank providing net banking / online payment services.
- The payment service is provided using a secure website. However, the service provider does not give any assurance that the information provided online by a user is secured or may not be read or intercepted by a third party. Service Provider does not accept or assume any liability in the event of such unauthorized interception, hacking, or other unauthorized access to information provided by a user.
- Service Provider shall not be liable for any inaccuracy, error, or delay in, or omission of (a) any data, information, or message, or (b) the transmission or delivery of any such data, information, or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the service provider, its employees, and its third-party agents involved in processing, delivering, or managing the payment services, be liable for any direct, indirect, incidental, special, or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Service.
- The User agrees that the service provider or any of its employees will not be held liable by him/her for any loss or damages arising from the use of, or reliance upon the information contained on the functionality used by them, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Service Provider reasonable control.
- The User making payment through an online net banking account OR any other online payment mode warrants agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her bank details:
- The User is fully and lawfully entitled to use such bank account, card, payment gateway, etc. for such transactions.
- The User is responsible for ensuring that the bank account details /card details/payment gateway details provided by him/ her are accurate.
- The User authorizes debit of the nominated bank account/card account or any other online payment for the Payment of charges along with the applicable Fees (if any).
- The User is responsible for ensuring that sufficient credit is available on the nominated bank account/card or any other payment mode at the time of making the payment.
- No warranty: No warranty, representation, or guarantee, express or implied, is given by the service provider in respect of the operation of the payment Functionality.
- Disclaimer and Limitation of Liability: The service Provider does not accept liability for any damage, loss, cost (including legal costs), expenses, indirect losses, or consequential damage of any kind that may be suffered or incurred by the User from the use of this service.
- Governing law: These terms and conditions are governed by the laws of India and the competent courts at City Rajkot. Gujarat shall have exclusive jurisdiction.
- On successful payment, a Receipt will be generated against the payment, which will be available to the user along with other details in the form as given by the user.
- If during the payment process, an account of the user is deducted but information for successful payment is not received from the bank to the service provider, the Receipt will not be generated and the status of such will not be updated to PAID.
- If an account of the user is deducted but the status is not updated, the user may re-check the status of the receipt after 48 hours as the same may get updated after a response is received from the bank to the service provider. In case, no such response is received during the said time, the user is advised to wait for 3 days as the service provider will reconcile with the bank and update the status accordingly. If the status is still not updated, the user is advised to contact the bank.
- Once a payment is successfully made, the Service Provider will not entertain any request for refund/reversal of the paid amount. The user is advised to use the services of the service provider as per the plan selected by the user.
- Any fraudulent transaction or misuse shall be dealt with as per applicable laws.