Terms and Conditions
This agreement represents the complete agreement and understanding between Krishana Consultancy and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. Krishana Consultancy may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered with or without prior notification.
If you do not agree to these terms and conditions, please notify our Billing Department (firstname.lastname@example.org) so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval. We reserve the right to refuse service to anyone.
1. Krishana Consultancy makes no warranties of any kind, whether expressed or implied, for the service it is providing. Krishana Consultancy also disclaims any warranty of merchantability or fitness for a particular purpose. Krishana Consultancy will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber’s errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by Company may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material, material that is with “adult content” only. Company reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement.
Pornography and Child pornography are prohibited, including: sexual content, or direct links to adult content elsewhere. This is applies for sites that promote any illegal activity, violence or content that may be damaging to our servers or any other server on the internet. Links to such material are also prohibited. Examples of non-acceptable content or links are: Pornography, Child Pornography, Hackers applications/archives, “Warez” sites, proxy applications, IRC, rapidleech (and similar), torrents, torrents listings, spam applications.
3. Customer agrees to defend, hold harmless and expeditiously indemnify Company from any liability, claim, loss, damage or expense arising out of the indemnifying party\’s breach or violation of any covenant contained in this Policy and resulting from the Customer\’s use of the service.
4. Company accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign accounts to any party not named in this Policy. All shared reseller hosting accounts can not be used for resell purposes
5. The Source Codes for all Softwares/Applications/Websites and other products developed by Krishana Consultancy shall be the Sole and Exclusive ownership of Krishana Consultancy and customer shall only be Licensed to use the said Softwares/Applications/Websites and other products developed by Krishana Consultancy without having any right to access/source codes of Softwares/Applications/Websites and other products from the company. In the case of cancelation of contract Company reserves the right to remove all files and source codes of Softwares/Applications/Websites and customer will have no right to claim any file or codes from the company.
6. Company reserves the right to cancel service for any reason without prior notice. In this case, unused fees will not be returned to the subscriber. Fees for domain name registration/transfer, domain protection, additional site builder licenses, SSL certificates, dedicated server orders and fees, downgrade/upgrade fees, any license fees for products purchased through us, and IP are not refundable.
If a customer re-registers after Company\’s cancellation of the account without Company\’s written consent, Company will cancel Customer\’s account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts due will be immediately payable.
7. Domain name registration/transfer, domain protection, site builder, dedicated servers, virtual servers, bulk sms service, setup fees (if apply) are not refundable.
8. Refunds: Within the first 30 days as a Company customer, if for any reason you are not completely satisfied with our hosting services, we will cancel your account and refund your money for your hosting service. The 30 days money back guarantee and 30 Days Risk Free do NOT cover the following: Domain: Bulk SMS Service, Dedicated Servers, Virtual Servers, Registration/Transfer/ID protection; Private SSL fees; Additional static IPs, additional site builder licenses, or other licensed products purchased through us; Any setup fees or processing fee; Upgrade/Downgrade/OS changes.
9. Bulk SMS Service comes without any service guarantee/warranty, bulk sms service service can be closed by company anytime and no refunds will be issued for bulk sms service.
10. Additionally, CUSTOMER agrees not to utilize the Company service, equipment or email address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or eight or more newsgroups in a single day. Violating this clause may result in service interruption or account cancellation.
11. Customer agrees not to transmit, promote, or otherwise make available any software, product or service that is either illegal or designed to violate this Agreement. Such software, products or services include, but are not limited to, programs designed to send unsolicited advertisements (i.e. “spamware”) and services which send unsolicited advertisements.
12. Company requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Company cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
13. Customer shall ensure that its use of Company\’s network services shall not disrupt Company, its associated networks or equipment forming part of the systems. Customer is responsible for the security of all files and content installed under the hosting account and is required to maintain any software installed to up to date version in order to avoid security breaches. In instances in which an excessive amount of system resources are utilized by a subscriber, Company reserves the right to place CPU process limits on the Customer\’s account to prevent disruption of service to other customers. Customers shall not transmit any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulation or would likely be offensive to the recipient thereof. No message may be mass distributed, “broadcast,” or otherwise sent on an intrusive basis to any Company user or to any directly or indirectly attached network. Use of Company\’s connection in a manner that is disruptive, damaging, unlawful, offensive, or intrusive as determined by Company shall be considered a breach of this Policy and may result in cancellation of service. This prohibition extends to sending of unsolicited mass mailings from another service which in any way implicates the use of Company\’s service, Company\’s equipment or any site hosted on Company\’s network.
14. Customer warrants that any material submitted for publication on Company does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Company reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement. All communications to/from Company\’s personnel via e-ticket, email, and live chat are confidential and property of Company, and therefore can not be disclosed or distributed without our written consent.
15. If Company becomes aware of material that could be infringing on a third party\’s copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer\’s materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant that the work has been copied and that use of the work is not defensible. With this information in-hand, Company, at its discretion, may, at any time deny access to the challenged material of Customer.
16. Use of other organizations\’ networks or computing resources is subject to their respective permission and usage policies.
17. Domain Renewals: For all new domains, there is a yearly non-refundable registration fee. Company will automatically pay this fee as well as all annual non-refundable renewal fees on your behalf while your Company account is active and current. These fees will appear on your billing statement unless prior arrangements are made with our customer service department. It is the client responsibility to cancel the domain name renewal once the domain invoice is created. You have 7 days to submit the cancellation request for your domain renewal. Any domain name renewal which are already processed will not be refunded.
18. Use of Krishana Consultancy\’s hosting services could involve listing subscriber\’s participation in relevant directories, and subscriber expressly grants permission for such listings.
19. Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data nor for the sole purpose of mass email/solicitation. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account. MS SQL remote management/connections: the provided remote connection interface is to be used with the purpose of managing your MS SQL database remotely and NOT for the purpose of using our MS SQL for remote SQL storage for other sites/applications – violating this rule will result in account suspension
20. Any party seeking to report any other potential violations of this Agreement may contact Company via email at email@example.com.
21. Transferring your domain to another provider does not constitute canceling your Company account. You must notify Company to formally cancel your account with Company to avoid further charges.
22. Account Cancellation: You must notify Company formally by sending email to firstname.lastname@example.org in order to cancel your account with us. If you do not notify us we will automatically renew your account for the next billing cycle – 1 month before the account expiration date. Orders received for previously canceled accounts will not be processed and accounts will not be activated. Credit card or PayPal chargebacks will result in automatic cancelation and deletion of the customer\’s account from our servers. A Rs.1000/- re-activation fee will apply to all suspended accounts due to non-payments of due fees
23. On occasion, Company may have a need to communicate with its customers through email issues related to billing, as well as changes, additions and modifications to the network. It is the responsibility of the customer to check email sent to the primary login email address on the account and check the Announcements section on Company\’s website for regular updates.
24. It is the responsibility of the customer to contact Company of any changes to their account, such as phone number, address, credit card information, etc. Customers will be required to provide verification for security purposes authorizing them to make any changes to that account.
25. Client\’s use of profanity in language, or abuse towards any Company\’s employee via chat, email, phone, our e-ticket system, or in any other form will result in a complete block from our support system, and subject the client to an account cancellation without a refund.
26. In order to meet with the Government Instructions/Rules/Laws which shall be applicable time to time, the company reserves the right to amend/modify the Terms and Conditions of the contract without any written notice to customers such information shall be flashed on the website only.
27. All Disputes Subject to Amritsar jurisdiction Only.