The following Terms and Conditions are applied to each and every customer of SparkHost India Private Limited This Agreement shall continue to be in full force and effect for one year from the date of service chosen by our customers. By paying for the service you must have to agree our terms and conditions as set forth below. The reference to terms and conditions in these presents terms and conditions of the Central Registrar also. we have right to modify the terms and conditions of the Service any time without any prior notification to you. Please read these Terms and Conditions very carefully before using our Services. SparkHost India Private Limited or any of its Affiliated entities collectively referred to as "SparkHost India Private Limited", May at any time revise these conditions by updating this posting. You are bound by such revisions and should therefore periodically visit this page to review the current terms and conditions to which you are bound.
1. CHARGES :
Charges for services to be provided by SparkHost India Private Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. SparkHost India Private Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days. Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of 50 percent of the project quotation total before the work is supplied to the Client for review. A second charge of twenty five (25) percent is required after the development stage, with the remaining twenty five (25) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
2. TURN AROUND TIME AND CONTENT CONTROL :
All the Product / Services Purchased at SparkHost India Private Limited will Deliver Automatically After Successful Payment, whereas all the Designing and Development Services will be deliver as per the Project length.
SparkHost India Private Limited will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon SparkHost India Private Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by SparkHost India Private Limited
In return, the Client agrees to delegate a single individual as a primary contact to aid SparkHost India Private Limited with progressing the commission in a satisfactory and expedient manner.
During the project, SparkHost India Private Limited will require the Client to provide website content; text, images, movies and sound files.
3. PAYMENTS POLICY :
Invoices will be provided by SparkHost India Private Limited upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and three percent (3%) per month of the total amount due.
4. Return & Cancellation :
At SparkHost India Private Limited, You can easily withdraw excess funds from your Customer Account with SparkHost India Private Limited by requesting for a refund. You may only withdraw funds from your available Debit Account Balance.
Canceling an Invoice would imply Canceling the Service you had ordered along with it. However, note that you can cancel only those Invoices for which you have not paid.
Their is no refunds or money back for any product/ service where partial payments has been made for the invoice. Any ADVANCE amount is non-refundable for website packages/ domain registration.
5. WEB BROWSERS SUPPORTS :
SparkHost India Private Limited makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that SparkHost India Private Limited cannot guarantee correct functionality with all browser software across different operating systems.
SparkHost India Private Limited cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, SparkHost India Private Limited reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
6. DOMAIN NAMES :
SparkHost India Private Limited may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of SparkHost India Private Limited The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
7. GOVERNING LAW:
This Agreement shall be governed by INDIAN Law.
(i) AVOID ILLEGAL USE
SparkHost India Private Limited services may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
(ii) Anti Piracy
SparkHost India Private Limited Web Hosting and Website Design accounts should not be used to distributed illegal or pirated software and/or multimedia products.
(iii) AVOID SPAMMING
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to SparkHost India Private Limited customers. SparkHost India Private Limited reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
8. COPYRIGHT LAW :
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants SparkHost India Private Limited the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting SparkHost India Private Limited permission and rights for use of the same and agrees to indemnify and hold harmless SparkHost India Private Limited from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to SparkHost India Private Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
9. LIMITATION OF LIABILITY :
While SparkHost India Private Limited uses reasonable efforts to include accurate and up to date information on this web site, errors or omissions sometimes occur. SparkHost India Private Limited makes no warranties or representations as to the accuracy of this web site. Under no circumstances shall SparkHost India Private Limited nor any party involved in creating, producing, or delivering the web site be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this web site, even if an SparkHost India Private Limited authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
SparkHost India Private Limited also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the web site or your downloading of any materials, data, text, images, video, or audio from this web site.
10. SERVERABILITY :
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
11. WEBSITE TRANSFER :
In case you are not satisfied with our services you may request to handover the domain names to you and you can move your services of website with other providers. We don't charge any thing to provide domain only and also no refunds are possible for the period product/service was bought with us.
12. TERMINATION/CANCELLATION OF ACCOUNTS :
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Any account violating any of the terms of this Agreement will be terminated immediately and no refunds will be issued, not withstanding penal provisions under the Indian Cyber laws or any other allied laws enacted by the Government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time.