1) Client agree that you will not use the Webicon Web Services for illegal purposes or for the transmission of material that is unlawful. You also agree that you will not use the Webicon Web Services for the transmission of material that is harassing, threatening, obscene, abusive, harmful, vulgar, or invasive of another’s privacy. You agree not to use excessive CPU resources, using excessive disk space, attempting to gain access to root and other clients’ accounts (hacking), installing continuously running programs, and reselling CGI scripts. You further agree that you are solely responsible for your content and you acknowledge that Webicon acts as a passive conduit for the distribution and transmission of your data. You represent and warrant the content you provide to Webicon (a) does not infringe on Webicon’s or any third party’s intellectual property or proprietary rights or rights of publicity or privacy; (b) does not violate any law, statute, ordinance or regulation; (c) is not defamatory, trade libelous, pornographic or obscene; or (d) does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you will be penalized up to and including termination of your rights to use the service and any other remedies available to Webicon by law.
2) All services provided by Webicon are valid for One Year only unless otherwise stated.
3) Client agree and confirm that that Webicon may, at our sole discretion, change the Pricing Structure at any time without prior intimation. However, this will only apply to future period/s.
4) Client agree & accept that all services provided by Webicon would commense only after complete payment of the agreed amount.
5) The violation of the terms & conditions will result in cancellation of services and no refund will be made.
6) Non-usage of the service does not entitle you for a refund of any portion of the payment made to Webicon.
7) Client agrees to take all legal responsibility’s for use of third party hosting and email services and domain name and hereby agrees the service is for 1 year or any additional period that is paid for and thereafter, in case, there is no renewal after paying the appropriate and required renewal fees, the Webicon Services will not be available to you. Webicon will intimate you on the renewal of the service that is due but it is not the responsibility of Webicon to give you such intimations in advance. It is confirmed by you that the responsibility of renewing the service will lie with you.
8) You, as a buyer hereby authorize Webicon to list itself as the registrant, give its billing, technical & administrative contacts and name its servers in connection with your domain name / e-mail address and to take any actions Webicon deems appropriate in these capacities.
9) In the event of non-payment of any services, Webicon reserves the right to re-sell the Domain, Layout & all other related material to any third party or use itself, including the Domain/ Content / Structure/ Layout and all other related material without any intimation & no further correspondence in this regard would be entertained.
10) Client entirely responsible for maintaining the confidentiality of your password and account. You shall be fully liable for all use of your account.
11) Client agree to indemnify and hold harmless Webicon, its parent, affiliates and associates, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit or as a result of any transaction done on or through this site. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.
12) The Agreement shall be governed by the Laws of India . The Courts of law at AP shall have exclusive jurisdiction over any disputes arising under this agreement.
13) All amounts paid to Webicon IT Solutions Pvt Ltd are non-refundable/ non- transferrable under any circumstances. Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires.
14) Webicon reserve the right to add / change / modify the terms of this Agreement. Changes could be made by us after the first posting to the Site and you will be deemed to have accepted any change if you continue to use services provided by Webicon IT Solutions Pvt. Ltd. Webicon IT Solutions Pvt. Ltd reserves the right to modify, suspend/cancel, or discontinue any or all channels, or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained/ not contained on the site without prior notice.
Limitation of Liability
You agree that Webicon (for the purposes of this section, Webicon includes, without limitation, Webicon’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, affiliates, registries, third-party providers, merchants, licensors, or the like, or anyone else involved in creating, producing, or distributing Webicon’s services) will not be liable to you or anyone else for any loss that may occur due to any (a) loss of registration of a domain; (b) use of your domain; (c) access delay or access interruption to Webicon’s registration system; (d) non-delivery or mis delivery of data between you and Webicon and/or between Webicon and the registry; (e) event beyond Webicon’s reasonable control; (f) processing of the application; (g) processing of any modification to the record associated with your domain; (h) suspension or cancellation of your registration by Webicon; or (i) application of any dispute resolution provision herein. Furthermore, Webicon will not be liable for any indirect, special, incidental, or consequential damage of any kind, including, without limitation, lost profits, regardless of the form of action, whether in contract or tort, including, without limitation, negligence, or otherwise, even if Webicon has been advised of the possibility of such damage. In no event will Webicon’s maximum liability exceed the total amount paid to Webicon.
15) The Complete Content on your website is owned By you. You agree to indemnity and hold harmless Webicon, its parent, affiliates and associates, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit or as a result of any copyright/ intellectual property / any other rights violation. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.
16) A deposit of 50% is required with any project before any design work will be carried out.
17) All alterations for web sites projects are to be requested in writing either by email or postal mail by the Client. After the specified allowed hours of alterations have been completed, webicon can advise the Client as such and send a separate quotation to the Client and to request payment for any further alterations. Developer reserves the right to request payment be received for further alterations before continuing work.
18) Supports: weekdays between 10am to 9pm.
19) The Customer agrees webicon is not liable for any bugs, performance issues or failure of their Actinic software as Actinic is provided by Actinic Software Ltd which is a separate company. Any bugs, performance issues or failure with the software will be directed to Actinic Software Ltd. The Customer agrees that in the case of an Actinic problem a snapshot may need to be sent to Actinic support.
These Terms of Service 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.