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General Terms & Conditions
Applicable to all Customers
- Appendix A
Terms & Conditions of Control Panel usage
- Appendix B
- Appendix C
Payment Terms & Conditions
- Contact Us
General Terms & Conditions
CUSTOMER MASTER AGREEMENT
All information, including authentication information, provided by the Customer by filling up various forms at this website, is accessible to Computer Solutions and its authorized agencies. The Customer shall provide, maintain and update, current, complete and accurate information for all the data elements about the Customer in the Computer Solutions Database.
During the period of service and for three years thereafter, the Customer shall maintain the following records relating to its dealings with Computer Solutions and its Agents or Authorized Representatives:
- In electronic, paper or microfilm form, all written communications with respect to Computer Solutions Products/Services.
- In electronic form, records of the accounts of all, current / past Orders with the Customer, including dates and amounts of all payments, discount, credits and refunds.
The Customer shall make these records available for inspection by Computer Solutions upon reasonable notice not exceeding 14 days.
Computer Solutions in its own discretion can at any point of time temporarily or permanently cease to sell a Product or Service.
Computer Solutions reserves the right to change pricing, minimum order levels, and discounts, of any of its Product/Service, at any time.
Computer Solutions, in its sole discretion, expressly reserves the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Computer Solutions may refund the money charged for the Order, after deducting any processing charges for the same.
Computer Solutions, in its sole discretion, without notice, expressly reserves the right to modify, upgrade, freeze the Customer Account/Control Panel, and its associated Services.
Computer Solutions, in its sole discretion, expressly reserves the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownership of or transfer any Order, or to delete, suspend, freeze, modify customer's account access and the associated service...
- in order to recover any Payment from the Customer for any service rendered by Computer Solutions, including services rendered outside the scope of this terms of service,
- or to correct mistakes made by Computer Solutions in processing or executing an Order,
- or in case of any breach of the various Terms of Service listed in this section of the website or elsewhere in this website,
- or in case Computer Solutions learns of a possibility of breach or violation of the terms which Computer Solutions in its sole discretion determines to be appropriate,
- or in case of Termination of service rendered,
- or to protect the integrity and stability of Computer Solutions Products, Services and Servers,
- or to comply with any applicable laws, government rules or requirements, requests of law enforcement authorities,
- or in compliance with any dispute resolution process,
- or in compliance with any agreements executed by Computer Solutions,
- or to avoid any liability, civil or criminal, on the part of Computer Solutions and its affiliates, subsidiaries, officers, directors and employees,
- or if the Customer and/or its Agents or any other authorized representatives of the Customer violate any applicable laws/ government rules/ usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam,
- or Computer Solutions learns of the possibility of any such violation, or authorization from the Customer in any manner that Computer Solutions deems satisfactory,
- or for any appropriate reason.
The Customer agrees that Computer Solutions, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Computer Solutions, are not liable for loss or damages that may result from any of the above.
In case of Orders involving web services, Computer Solutions can choose to redirect any Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine, if an Order has expired, or has been suspended, or does not contain valid information to direct it to any destination.
Computer Solutions has the right to rectify any mistakes in the data in the Customer Account Database with retrospective effect.
Fees / Renewal
Customer shall pay all applicable fees/advances as per the Payment Terms and Conditions set out in Appendix C.
Computer Solutions will charge a non-refundable fee for an Order unless stated otherwise in any Product/Service Agreement extension. The applicable fees will be displayed in the Customer Control Panel or on the Computer Solutions Website and during the Ordering Process. Computer Solutions has the right to revise this pricing at anytime. Any such revision or change will be binding and effective immediately on posting of the revision in the Customer Control Panel or on the Computer Solutions Website or on notification to the Customer via email to the Customer.
Customer acknowledges that it is the Customer's responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Customer, and not as a binding commitment, we may notify the Customer of any expiring Orders, via an email message sent to the contact information associated with the Customer in our database. Should renewal fees go unpaid for an Order, the Order will expire on its date of expiry.
Customer acknowledges that after expiration of the term of an Order, Customer has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to Computer Solutions. Computer Solutions may make modifications to the said Order or any information associated with said Order. Computer Solutions may intercept any network/communication requests to such Order and process them in any manner in its sole discretion. Computer Solutions may choose to monetize such requests in any fashion at its sole discretion. Computer Solutions may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Computer Solutions may choose to delete services related to said Order from its servers, at anytime after expiry upon its sole discretion.
Computer Solutions at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.
Computer Solutions makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.
Limitation of Liability
IN NO EVENT WILL COMPUTER SOLUTIONS BE LIABLE TO THE CUSTOMER FOR ANY LOSS OF REGISTRATION AND USE OF DOMAIN NAME, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPUTER SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPUTER SOLUTIONS FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
- LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;
- LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS;
- LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
- LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
- LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR COMPUTER SOLUTIONS PRODUCTS/SERVICES PROVIDED UNDER THIS AGREEMENT;
- LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Computer Solutions by the Customer, then in no event will the liability of Computer Solutions exceed actual amount paid to Computer Solutions by the Customer for the Order in question minus direct expenses incurred with respect to that Order.
BOTH PARTIES ACKNOWLEDGE THAT THE CONSIDERATION AGREED UPON BY THE PARTIES IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF COMPUTER SOLUTIONS RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT PAID TO COMPUTER SOLUTIONS BY THE CUSTOMER DURING THE MOST RECENT THREE (3) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.
The Customer, at their own expense, will indemnify, defend and hold harmless, Computer Solutions, the contactors, employees, directors, officers, representatives, agents and affiliates, of Computer Solutions, and Service Providers, against any claim, suit, action, or other proceeding brought against Computer Solutions based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Computer Solutions' Products/Services provided here under or use of the Computer Solutions Products/Services, including without limitation:
- infringement by either the Customer, or someone else using a Computer Solutions Product/Service with the Customer's computer, of any intellectual property or other proprietary right of any person or entity.
- arising out of any breach by the Customer of this Agreement.
- relating to or arising out of any Order or use of any Order.
However, that in any such case Computer Solutions may serve either of the Customer with notice of any such claim and upon their written request, Computer Solutions will provide to them all available information and assistance reasonably necessary for them to defend such claim, provided that they reimburse Computer Solutions for its actual costs.
The Customer will not enter into any settlement or compromise of any such indemnifiable claim without Computer Solutions' prior written consent, which shall not be unreasonably withheld.
The Customer will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by Computer Solutions in connection with or arising from any such indemnifiable claim, suit, action or proceeding.
Right to Substitute Updated Agreement
During the period of this Agreement, the Customer agrees that Computer Solutions may:
- Revise the terms and conditions of this Agreement; and
- Change the services provided under this Agreement.
- Any such revision or change will be binding and effective immediately on posting of the revision in the Customer Control Panel or on the Computer Solutions Website.
- The Customer agrees to review the Customer Control Panel and Computer Solutions Website including the agreements, periodically, to be aware of any such revisions.
- If the Customer does not agree with any revision, the Customer may terminate this Agreement.
- The Customer agrees that, continuing use of the services under this Agreement following notice of any revision, will constitute as an acceptance of any such revisions or changes.
All Confidential Information shall be governed by the Confidentiality Agreement as described in Appendix B.
The Customer shall not create, publish, distribute, or permit any written /Oral /electronic material that makes reference to us or our Service Providers or uses any of Computer Solutions' registered Trademarks / Service Marks or our Service Providers' registered Trademarks / Service Marks without first submitting such material to us and our Service Providers and receiving prior written consent.
The Customer gives Computer Solutions the right to recommend / suggest the Customer's name and details to Customers / Visitors to the Computer Solutions Website, and Prospective Customers and use the Customer's name in marketing / promotional material with regard to Computer Solutions Products.
The Customer shall be responsible for sales tax, service tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Computer Solutions Products/Services.
Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a 'Force Majeure Event') including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party's performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first three months of such interference, provided that such party uses best efforts to avoid or remove such causes of non-performance as soon as possible.
Assignment / Sub-license
Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties. The Customer shall not assign, sub-license or transfer its rights or obligations under this Agreement to any third person(s)/party without the prior written consent of the Computer Solutions.
Computer Solutions may transfer the Order of the Customer to another Person, Organization or any other Legal entity under the following circumstances:
- Authorization from the Customer and/or their Agent or Authorized Representative in a manner prescribed by Computer Solutions from time to time;
- On receiving orders from a competent Court, Law Enforcement Agency, or recognized Regulatory body;
- Breach of Contract;
- Termination of this Agreement;
- Computer Solutions learns of any such event, which Computer Solutions reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.
In the above circumstances the Customer shall extend full cooperation to Computer Solutions in transferring the Order of the Customer.
Computer Solutions' Servers and any other Software / API / Specification / Documentation / Application Services are provided on 'as is' and 'where is' basis and without any warranty of any kind.
COMPUTER SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
COMPUTER SOLUTIONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY OF THE ABOVE WILL MEET THE CUSTOMER'S REQUIREMENTS, OR THAT THE OPERATION OF ANY OF THE ABOVE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN ANY OF THE ABOVE WILL BE CORRECTED. COMPUTER SOLUTIONS WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
FURTHERMORE, COMPUTER SOLUTIONS NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE COMPUTER SOLUTIONS SERVERS, COMPUTER SOLUTIONS WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Jurisdiction & Attorney Fees
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Computer Solutions is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court in the city, state and country where Computer Solutions is incorporated. Computer Solutions reserves the right to enforce the law in the Country/ State/ District where the Registered/ Corporate/ Branch Office, or Place of Management of the Customer is situated as per the laws of that Country/ State/ District.
If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs and disbursements in addition to any other relief to which the prevailing Party may be entitled.
The Customer, Computer Solutions, and its Service Providers are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.
Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement.
In the event that Computer Solutions suspects breach of any of the terms and conditions of this Agreement:
- Computer Solutions can immediately, without any notification and without assigning any reasons, suspend / terminate the Customer's access to all Computer Solutions Products and Services and the Control Panel.
- The Customer will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement and other agreements and terms of service listed in this section of the website.
Any notice or other communication required or permitted to be delivered to Computer Solutions under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when delivered to the legal contact address specified in the Customer Control Panel or on the Computer Solutions Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 hours local time, and otherwise on the next Business Day.
Any notice or other communication to be delivered to any party via email under this agreement shall be deemed to have been properly delivered if sent in case of Computer Solutions to its Contact email mentioned in the Customer Control Panel or on the Computer Solutions Website and in case of the Customer to their respective email address in the Computer Solutions Database.
Other than those notices mentioned in this agreement, Computer Solutions is NOT required to communicate with the Customer in any respect about services provided under this agreement. As a convenience to the Customer, Computer Solutions may proactively send notices about aspects with regard to services rendered under this Agreement. However, these notices may be discontinued by Computer Solutions at anytime.