Solution Point, hereinafter can also be referred to as "Parent", AND you, hereinafter referred to as "Customer" or "User" or "Member", HAVE entered into a Customer Agreement or "Agreement" as below effective from today.
WHEREAS, Parent provides Domain Name, Web & Email Hosting, Web Design, Software Development, Digital Marketing, Content Distribution and other related services which are hosted on various domain names and servers worldwide either owned or leased;
WHEREAS, the Customer wishes to purchase through Parent, Domain Name, Web & Email Hosting, Web Design, Software Development, Digital Marketing, Content Distribution and other related services;
A. Policies For Online-Payments
The Terms and Conditions contained herein shall apply to any person (“User”) making invoice, fund credits or service fee payments through an online mode through any payment gateway on Solution Point's website i.e. http://solutionpoint.in and other websites owned by Solution Point. Each User is therefore deemed to have read and accepted these Terms and Conditions.
1. Once a User has accepted these Terms and Conditions, he / she may register and avail the Services. A User may register on Solution Point’s website or other websites owned by Solution Point or in any other manner as may be specified by Solution Point from time to time.
2. Solution Point's rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives / procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of Solution Point's right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by Solution Point with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Solution Point.
3. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
4. These Terms and Conditions constitute the entire agreement between the User and Solution Point. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Solution Point. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
5. The entries in the books of Solution Point and/or the Payment Service Providers kept in the ordinary course of business of Solution Point and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.
6. Refund And Cancellation : As per http://wiki.solutionpoint.in/Refund_Policy
7. Refund For Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach Solution Point with his/ her claim details and claim refund from Solution Point alone. Such refund (if any) shall be effected only by Solution Point via payment gateway or by means of a demand draft or such other means as Solution Point deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
8. In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider's accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
9. Refund for fraudulent/duplicate transaction(s): The User shall directly contact Solution Point for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by Solution Point alone in line with their policies and rules.
10. Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment,, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
(I) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact Solution Point via e-mail or any other mode of contact as provided by Solution Point to confirm payment.
(II) In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent / duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
B. Limitation of Liability
1. Solution Point has made this Service available to the User as a matter of convenience. Solution Point expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that Solution Point reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
2. Solution Point and/or the Payment Service Providers 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 Solution Point and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the 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 Services.
3. Solution Point and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:
(I) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
(II) any interruption or errors in the operation of the Payment Gateway.
4. The User shall indemnify and hold harmless the Payment Service Provider(s) and Solution Point and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
5. The User agrees that Solution Point or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond Solution Point’s reasonable control.
C. Debit/Credit Card, Bank Account Details
1. The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
2. The User may pay his / her bills to Solution Point by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
i. The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
ii. The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
iii. The User is authorizing debit of the nominated card/ bank account for the payment of bills or add credit funds selected by such User along with the applicable Fees.
iv. The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee.
D. Personal Information
1. The User agrees that, to the extent required or permitted by law, Solution Point and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
2. The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to Solution Point. The User agrees to be contacted via e-mail on such mails initiated by him/ her.
4. The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.
E. Payment Gateway Disclaimer
The Service is provided in order to facilitate access to view and pay for web products and services offered online. Solution Point or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
F. Miscellaneous Terms & Conditions:
1. Any waiver of any rights available to Solution Point under these Terms and Conditions shall not mean that those rights are automatically waived.
2. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Solution Point or the Payment Service Provider(s) have no control over such matters.
3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, Solution Point does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
4. Solution Point, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
5. The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by Solution Point on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
i. Choose a new password, whenever required for security reasons.
ii. Keep his/ her User ID & Password strictly confidential.
iii. Be responsible for any transactions made by User under such User ID and Password.
The User is hereby informed that Solution Point will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her Solution Point account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.
6. Misuse of the allotted server space, bandwidth are prohibited and penalty will be charge. Distribution of free email IDs to any person other than the ones related to the website owner or the company automatically gives are prohibited, penalty will be charge to those users. In case of misuse of allotted email ID space, we will have the rights to diminish the space provided for one email ID.
7. Misuse of bandwidth will lead a client to be entitled for lesser bandwidth in future or account would be suspended or deleted. Any illegal activity detected on a website will lead to sealing of the same by us with immediate effect, as per the IT rules laid out by the Indian and International IT Act. Intentionally tampering (Hacking or sending virus) of our server by a client will see the account suspended.
8. Customer Election. Customer hereby elects to purchase Domain Name, Web & Email Hosting, Web Design, Software Development, Digital Marketing, Content Distribution and other related services through Parent. Parent own the sole rights to discontinue the services or deny access to anyone who fails to comply with the rules implemented by us, without any warning or prior notice. The payments received from the violating parties in such cases are also non-refundable.
9. Parent's Acceptance. Parent hereby accepts Customer's election to purchase Domain Name, Web & Email Hosting, Web Design, Software Development, Digital Marketing, Content Distribution and other related services through Parent.
10. Customers are advised to maintain their own data backups on their home computers or CDs to ensure that they have ready access to their data in case we have a hardware failure. However, such cases are rare in occurrence, but cannot be avoided sometimes. This is why we recommend all our clients to take regular backups for all their important data. You can take your mail backup by forwarding the mail id to other email id and by using outlook of local computer.
For safety reasons, we urge our customers not to divulge the password of their e-mail/hosting/ftp accounts to anyone. In cases where passwords and usernames are to be given to our employees, we suggest to change the password immediately. In every 15 days you have to change your all password for security reason. There is no provision of refund in Solution Point for any products under any circumstances.
11. Customers should also maintain their payment confirmation details that have been paid to us for activation of the orders. It is also advisable to maintain the backup of our first mail which is sent to you after activation of your order and contains your User ID and password. By using the details provided, we will be able to provide you Technical/Billing support and activation/renew/control panel/reset password facility etc.
Hereby we would like to update that we have stopped all kinds of instant order activation of hosting and instant registration of domains. We have taken this step due to various fraud and hacking activities are going on in cyber world. Please ignore such type of wordings if it is mentioned in any WebPages in our website. We have to check manually the payment, domain's availability and all the credentials of the client to activate any order or register any domain. The order activation and domain registration will or might take little more time due to all kinds verifications and manual checking of the date provided by the client for the same. We hope you can understand the emergency and criticality of the cyber law and will co-operate us to the maximum level. Unfortunately if website/server etc will down then we are not responsible for any losses face by client.
12. If Customer have made the payment by the payment gateway and the payment gateway company has declared the payment as fraud then Customers account will be suspended and the domain name will be deleted immediately with out any prior notice. If Customer is making the payment by offline once again or Customers is clearing payment by speaking with payment gateway company then we will reactive the hosting and re-register the domain if the domain name is available. Reregistration and hosting activation will be done after getting the payment confirmation only. With in this time if the domain will registered by any other company then Parent will not be liable or responsible for that loses. For plan details and services provided by Parent, please refer to the website as the most valid reference. Any commitment made by our employees over chat/phone/mail or by any other mode, which is not mentioned in our website, will not be abided.
13. Parent would like to announce that any misbehave or using abuse languages to our employee then we will suspend or delete Customer account without any priority notice, and he will not get any refund and further support from Parent any point of time. For this Parent is not responsible. Parent have full rights to take action against that client/visitor.
If Customer have taken any free domain from us with any package, then at the time of changing the server from Parent, Customer need pay the domain price extra. If Customer is hosting your domain in any other server with out informing to our billing team by raising a ticket then Customer must have to pay 5 times more of the domain price. Please take the back up of all your data before changing Name Server (DNS) of a Domain. We will delete all Customer data automatically if Customer will change Name Sever. To reduce server burden we will delete all data of the Domain which name server is not pointing to our server. So Parent will not responsible for any loss of data if you changed Name Server of a Domain for single time also.
14. If Customer is not using the hosting service from Parent, it is mandatory for Customer to send the cancellation request in company letter head to billing department by post or courier. Failing with the same Parent will be charging the renewal amount every year. Hereby we would like to update that Parent will not be responsible if any one else book the domain globally within the period of order activation. If any domain gets registered else where globally with in that period and payment is done Customer can avail other domain name. There will not be any refund for the same. It is the sole responsibility of the Customer and not Parent and if once order is activated then payment cant be refund under any circumstance.
15. If Parent is not having correct Customer contact detail and phone number then Parent is having full rights to suspend and delete the account with out any intimation. Before any order activation Parent is having ful rights to verify the clients. Any issue which is not related to server and can be solved by the Customer. We suggest all Customers to use our trial offers before purchasing any package. This will help to avoid post-purchase problems.
16. Parent is not using any incoming E-Mail ID for Billing, Technical Support, Renew, Refund, Complain or any other issue. So if Customer is contacting Parent by mail then Parent is not responsible to give reply. For any type of issue Customer should raise a ticket from http://solutionpoint.in/contact
17. Abuse of SMTP Mail Server: If any of the email id will be misused our our mail servers then Parent can suspend or delete Customer hosting account. Network security: In case of any tampering done to network security, Parent will take an immediate action against the respective hosting account. Spam: Unsolicited commercial advertisements (spam) are not allowed in e-mail IDs and may result in cancellation of the account. Abuse of Traffic: If any Customer violates the Parent's policies in site transfer or misuse of bandwidth is preheated, Parent can decrease its allotted Traffic quota or suspended Customer account with out any prior notice.
Abuse of Space: As per Parent policies, at least 90% of your web pages (HTML) must be "Linked" with files (.GIF, .JPEG, etc.) which is stored in our server. Web space must not be used by Customer's visitor for free upload, download heavy size file. Web sites containing a large number of unlinked files or using server space for data storing propose are subject to deletion of files otherwise Parent will cancel the account without prior notice. Customers can not run IRC, bots or clients on servers. Customers are also prohibited from running Bulk Emailing, Unsolicited Emailing, Newsgroup Spamming, Pornographic Content, Illegal Content, Copyright Infringement, Trademark Infringement, Warez, Cracks, and Software Serial Numbers.
19. Customer Choices: Customer can stop the delivery of promotional e-mails & mobile text messages (SMS) from a Solution Point website/portal or related services by following the instructions in the e-mail Customer receives or by logging into your account. To make proactive choices about how we communicate with Customer, follow the instructions listed in the communication carefully and explore the user a/c & FAQ pages.
20. Uses of Information: We use the information we collect to provide the services you request. Parent services may include the display of personalized content and advertising. Parent use Customer information to inform him/her of other products or services offered by Solution Point and its affiliates, and to send you relevant survey invitations related to Solution Point's Web Services. Parent do not sell, rent, or lease our customer lists to third parties. In order to help provide the services, Parent occasionally provide information to other companies that work on our behalf.
21. Web Project Development:
Expectations and commitments: Normally website projects are delayed due to clients not supplying feedback, pictures or content necessary to complete sections. We feel just as important to be clear that we expect your total commitment to the project. If you do not supply information when requested, or request changes mid-stream we may have to re-evaluate our total cost structure. We also assure that, we will take full responsibility if, in case, we are running behind in the project ourselves.
Mock-ups (samples): We will give you a good idea of what the site will look like after you confirm the order with advance payment as agreed.
Online Marketing: We at Solution Point do not claim explicit guarantees on SERPs or Digital Campaigns. Ask for written confirmation, if someone is claiming so. Ongoing website maintenance: Offer for ongoing site maintenance is presented on project completion depending on tasks involved.
Payment Terms: As part of our business policy, we request all our clients to adhere to payment terms to be presented on project confirmation. Miscellaneous expenses, such as deliveries, prints, messengers, software licence fee, ads, custom payment gateway and travel are not included, and will be billed at cost, if applicable.
We follow some strict corporate social responsibility (CSR) practices and code of conduct and expect same from clients & vendors (we can even let go or cancel deals for sake of preserving these values). For any copyright or legal related queries or issues you can email using contact form with full details, suggestions, references and evidences.
Contact Us via http://support.solutionpoint.in