Copyright & Trademarks
Customer acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Customer further acknowledges and agrees that content contained in sponsor advertisements or information presented to Customer through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws. Keshav Technosys provides Customer with a non-exclusive, non-transferable, limited license to use the Software, which Customer agrees to use in accordance with this Agreement. Customer may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from Keshav Technosys. The Software is owned by Keshav Technosys and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of Keshav Technosys and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. CUSTOMER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by Keshav Technosys. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Keshav Technosys, and/or the Software, is permitted without the written permission of Keshav Technosys. Any rights not expressly granted herein are reserved.
Keshav Technosys reserves the right to charge fees for the Service or any portion thereof, if Customer is required to pay a fee for all or any part of the Service for which Customer has chosen. Customer hereby authorizes Keshav Technosys to charge Customer's valid and current credit or debit card ,if details are given, in advance for all applicable fees incurred by Customer in connection with Customer's chosen package and Customer's Account. Customer's Service and Account will automatically renew at the end of each subscription period, unless the Service or Customer Account is terminated in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the Customer Account, these fees will be billed automatically to the Customer's designated valid and current credit or debit card at the start of each renewal period, unless Customer terminates the Service before the relevant period begins. Customer's subscription will automatically be renewed and billing will continue at the then-current prices for the Service. Customer further acknowledges that it is Customer's responsibility to notify Keshav Technosys of any changes to Customer's credit card, billing address and to update Customer's credit card number if Customer's credit card has expired otherwise Customer's access to the Service may be disconnected or interrupted. Keshav Technosys shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment; or for free trial sites, the identity of the person registered for the trial period. In case of payment through cheque/demand draft, the customer agrees to pay 50% of the package chosen in advance at the time of placing the order and the balance to be paid at the time of finalizing/confirming the design of the website created for the customer. Customer also agrees to pay any taxes, including sales or use taxes, resulting from Customer's use of the Service. The payment is due on receipt of the invoice by the customer. The invoice shall be sent via email. Customer is responsible and liable for any fees, including attorney and collection fees, that Keshav Technosys may incur in its efforts to collect any remaining balances due from Customer. This section shall in no way limit any other remedies available to Keshav Technosys. Customer also acknowledges and agrees that Customer will be billed for and will pay any outstanding balances if Customer cancels Customer's Account or Customer's Account is terminated due to Customer's breach of this Agreement. Customer must notify Keshav Technosys of any billing problems or discrepancies within sixty (60) days after they first appear on Customer's credit card account statement. If Customer does not notify Keshav Technosys within sixty (60) days, Customer waives any right to dispute such problems or discrepancies. Keshav Technosys may show advertisements on any portion of the Service which it provides to Customers free of charge.
Keshav Technosys offers website services and other internet related solutions that are delivered online, we do not charge for the ‘shipments and delivery’ as the transfer and delivery is done online. The time of delivering a product varies on the product or service type and solely depends upon the co-ordination from the client. The ideal time for delivering a website is 7 working days and can extend if the client fails to co-ordinate. The other Internet services are subscription based and payments are collected in a cyclic fashion as and when the subscription expires.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL KESHAV TECHNOSYS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF KESHAV TECHNOSYS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO CUSTOMER. IN NO EVENT SHALL KESHAV TECHNOSYS'S AGGREGATE LIABILITY TO CUSTOMER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAYS TO KESHAV TECHNOSYS UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE
Either Customer or Keshav Technosys may terminate or cancel Customer's Account (or any part of the Service) at any time, but Keshav Technosys will not refund any prepaid fees upon such termination or cancellation. a.Termination by Customer. Customer may cancel your Customer Account or any part of the Service at any time. To cancel your Service, Customer must call +91 8040905650 or +91 9739973445 .Customer will receive a cancellation confirmation via email after Keshav Technosys processes Customer's cancellation request. Keshav Technosys reserves the right to collect fees, surcharges or costs incurred before Customer cancels Customer's Account in addition to the applicable cancellation fee(s). Customer must provide us with the following information in order for us to process the cancellation: -- The exact name of the Service that Customer would like to cancel -- Customer's username and password -- Customer's email address -- Customer's billing information, including the credit card number that the customer used when purchasing the Service -- Customer's reason for canceling the Service. The user has the right to take static backup of the website.
Customer agrees to indemnify and hold Keshav Technosys and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Customer's breach of this Agreement; (ii) any information (including but not limited to Customer Content and Customer's publicly posted information) submitted, posted, or otherwise provided by Customer at the Customer Site and/or to Keshav Technosys and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Customer's actions; and (iv) Customer's negligence or violation or alleged violations of any rights of another; (v) any third party claim against the Indemnified Party for: (1) personal injury or property damage to the extent such Liabilities arise out of or result from the negligence or other tortuous conduct of Customer; or (2) the breach of any representation or warranty made by Customer; or (3) any claim by a customer of Customer against any Indemnified Party to the extent such Liabilities arise out of or result from Customer's business dealings with such Customer, including, without limitation the provision of any products or services to such Customer. These obligations will survive any termination of Customer's relationship with Keshav Technosys or Customer's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Keshav Technosys and/or its suppliers, affiliates, partners, subsidiaries and employees.
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