Terms & Conditions

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Terms & Conditions

This Terms of Service Agreement, together with the Acceptable UsePolicy, allapplicable quotes, price lists and software license agreements of Apex Infotech India Pvt.Ltd. and third parties represents the complete agreement and understanding between Apex Infotech India Pvt. Ltd.(Apex Infotech india.com) and you, the Apex Infotech India Pvt. Ltd. customer ("you" or "your"), and supersedes any other written or oralagreementpertaining to your Apex Infotech India Pvt. Ltd. services. By using Apex Infotech IndiaPvt. Ltd. services or Apex Infotech India Pvt. Ltd. Ltd.software, or both, youagree to be bound by and to comply with this agreement just as if you had signed it.Violation of anyprovision of this agreement is grounds for, but not limited to, immediate termination ofyour Apex Infotech India Pvt. Ltd. account. Apex Infotech India Pvt. Ltd. maymodify theseterms and conditions, and/or modify prices, as well as discontinue or change servicesoffered upon noticepublished on-line via www.Apex Infotech india.com. The customer and Apex Infotech IndiaPvt. Ltd. make this agreement for Apex Infotech India Pvt. Ltd. serviceseffective as ofthe date of acceptance of Apex Infotech India Pvt. Ltd. services.

If you do not agree to this Terms of Service Agreement, together with the Acceptable UsePolicy, pleasenotify our billing department at 8097502929/8097005050. USE OF YOUR ACCOUNT SHALL CONSITUTE YOUR APPROVAL OF THIS AGREEMENT.

SERVICES

Website Hosting

  1. Apex Infotech India Pvt. Ltd. services provided to the customermay only be usedfor lawful purposes. Transmission or publication of any information, data ormaterial in violationof any Indian law is prohibited. This includes, but is not limited to, materialprotected bycopyright, trade secret or any other statute, threatening material or obscenematerial. Apex Infotech India Pvt. Ltd. reserves the right to remove any andall materials thatinfringe on copyright work or that may be in violation of any Indian laws. Suchmaterials will beremoved at any time upon receiving a complaint and or notice of copyrightinfringement or violation.
  2. Apex Infotech India Pvt. Ltd. servers shall not be used to host or storepornographic or adult material of any kind. Apex Infotech India Pvt. Ltd. reserves the right to determine what constitutes "pornographic" or "adult material".
  3. Customer agrees not to utilize Apex Infotech India Pvt. Ltd. hosting and/or e-mmail services or equipment for the purpose of sending thesame orsubstantially similar unsolicited or bulk e-mail. Customer also agrees tonot reference a Apex Infotech India Pvt. Ltd. hosted web site or Apex Infotech India Pvt. Ltd. e-mailaccount in any unsolicited or bulk e-mail, whether or not that e-mail issent through a Apex Infotech India Pvt. Ltd. server.
  4. Apex Infotech India Pvt. Ltd. makes no warranties of any kind,whether expressedor implied, for the service(s) it is providing. Apex Infotech India Pvt. Ltd. will not be responsible for damage the customer suffers; including and not limitedto: loss of dataresulting from delays; non-deliveries; mis-deliveries; serviceinterruptions caused byit's own negligence,customer errors or omission, or due to the fault of third parties.
  5. Apex Infotech India Pvt. Ltd. reserves the right to discontinueany and allservices at any time, without prior notice or obligation, for any conductwhich Apex Infotech India Pvt. Ltd., at its sole discretion,concludes is not tolerated by this Agreement or harmful to Apex Infotech India Pvt. Ltd. 'interest or the interestsof others. Apex Infotech India Pvt. Ltd. also may limit, restrict orprohibit access to itssystem resourcesas Apex Infotech India Pvt. Ltd., in its sole discretion, regardsappropriate toprovide the availabilityof such resources.
  6. All of Apex Infotech India Pvt. Ltd. ' hosting fees arebased on thecustomer's web site having onedomain name pointing to it, as defined in our DNS servers. Any additional domainnames mustalso be included in our DNS servers and may be subject to additional fees.Failure to disclosesuch information to Apex Infotech India Pvt. Ltd. may be groundsfor termination ofservices.
  7. Transferring your domain to another provider does not constitutecanceling your Apex Infotech India Pvt. Ltd. account. You mustformallycancel your account with Apex Infotech India Pvt. Ltd. to avoidfurther charges.

Website Design & Development, Content Policy:

  1. Images & content should be provided by the client within the required time,needed for theproject.
  2. The client is required to give the confirmation within 2-3 days, once thewebsite designlayout is provided.
  3. Once accepted by the client, no further web design changes will be accepted.If there are any changes in the website design, the client is liable to payadditional charges.
  4. Content may be provided by Apex Infotech India Pvt. Ltd. ,however, it ischargeable.Additional charges will be levied, depending on the type and quantity of thecontent.
  5. The client is responsible for maintaining their own backups with respect totheir website.Apex Infotech India Pvt. Ltd. will not be liable for restoringany client data orclient websites exceptto the extent that such data loss arises out of a negligent act or omission byApex Infotech IndiaPvt. Ltd. Pvt. Ltd.
  6. Apex Infotech India Pvt. Ltd. shall not be liable for any lossor damage which heclient maysuffer which is in any way attributable to any delay in performance orcompletion of ourcontract, however, that delay arises.

Whilst Apex Infotech India Pvt. Ltd. are managing your GoogleAdWords account thefollowing terms and conditions apply:

  1. By entering this Agreement with Apex Infotech India Pvt. Ltd. you give uspermission to access your Google AdWords accountfor the purposes of optimisation and management of your online business.
  2. Apex Infotech India Pvt. Ltd. will endeavour to set up yourAdWords accounts assoon as possible,however in some cases it may take up to 5-7 days to complete set up of yournew account.
  3. If you decide to cancel our management services with us you will need to payout your contract with us within 60 days and if you are already out of contractthen we require 30 days notice in writing to cancel our management services tocrm@Apex Infotech india.com.
  4. Apex Infotech India Pvt. Ltd. management (with Apex InfotechIndia Pvt. Ltd. management fees)is a separate service from the "per click" fees that Google AdWordswill charge you.Cancellation of your management does not automatically stop your Google AdWordsadvertisingfrom running and incurring Google AdWords "per click" fees. Apex Infotech India Pvt. Ltd. will not beliable for any amounts that Google AdWords charges you following thecancellation of your managementwith Apex Infotech India Pvt. Ltd. If you wish to ceaseadvertising online at thesame time that you cancelyour Apex Infotech India Pvt. Ltd. management, please notifyyour Client Manager inwriting sothat we can cancel your Google Adwords online advertising as well.Alternatively, you may chooseto directly access your own Google Adwords account to arrange cancellation.
  5. For clarity, please note that:
    • Apex Infotech India Pvt. Ltd. is not Google, Google AdWords,Facebook or Yahoo;
    • Apex Infotech India Pvt. Ltd. is affiliated with Google bybeing a "GoogleCertified Partner". However despite this affiliation with Google, Apex Infotech India Pvt.Ltd. is a separate entity from Google.

PAYMENT TERMS

  1. Customer agrees to provide Apex Infotech India Pvt. Ltd. with accurate and complete contact and billing information.It is the responsibility of the Customer to contactApex Infotech India Pvt. Ltd. of any changes to their account,such as contact, phone number and/or billing information.
  2. Apex Infotech India Pvt. Ltd. will not tolerate payment of Apex Infotech IndiaPvt. Ltd. account(s)or service(s) by fraudulent means. Doing so will result inimmediate termination and possible criminal and civil liabilities.
  3. Apex Infotech India Pvt. Ltd. account(s) will considered unpaid if paymentbyacceptable means is not received after 30 days of the date due.Accounts that are unpaid may be suspended, archived or terminatedfrom the Apex Infotech India Pvt. Ltd. system. We are not responsible forany loss of data on unpaid accounts. Unpaid accounts will continueto accrue late charges until reinstated or properly and formally cancelled.We reserve the right to charge a service reconnection fee for any unpaid,suspended,or reactivated account.
  4. A 50% deposit of the total fee payable under our proposal is due immediatelyupon you instructingusto proceed with the website design and development work. The remaining 50% shallbecome due when theworkis completed to your reasonable satisfaction but subject to the terms of the"approval ofwork" and "rejectedwork" clauses. We reserve the right not to commence any work until thedeposit has been paid infull.The 50% deposit is only refundable if we have not fulfilled our obligations todeliver the workrequired under the agreement. The deposit is not refundable if the developmentwork has been startedand you terminate the contract through no fault of ours.
  5. Upon completion of the 7-day review period, we will invoice you for the 50%balance of theproject.
  6. You agree to reimburse us for any requested expenses which do not form partof our proposal including but not limited to the purchase of templates, thirdparty software,stock photographs, fonts, domain name registration, web hosting or comparableexpenses.

Cancellation Policy

  1. Customer agrees to formally notify Apex Infotech India Pvt. Ltd. of anyaccount orservice cancellation request via email to crm@Apex Infotech india.com, or Postal mail to: Apex Infotech India Pvt. Ltd., 206, 2nd Floor, KanakiaAtrium 2 PremisesCo-Op. Soc Ltd, Cross Road A, Chakala, MIDC, Andheri (East), Mumbai-400093.
  2. Cancellations are on a "same day" policy. Your accountwill be cancelled on the same day your request is received.If your account has a remaining balance, the account may not be cancelled..
  3. Cancellations of web development projects are subjectto billing for hours incurred, to date of cancellation, atthe hourly rate mentioned in the proposal. Hours incurred include projectmanagement, development, design and any other services provided prior tocancellation.
  4. No portion of service fees, one-time installation or licensing fees,or registrations fees will be refunded or pro-rated to cancelled accounts.

Privacy Policy Apex Infotech India Pvt. Ltd. will not sell or distribute your personalinformation to any list, telemarketing or mass distribution companyor firm. Your information will be kept strictly confidential. Apex Infotech India Pvt.Ltd.India may disclose information regarding accounts if requested to do so by law.

Acceptable Use PolicyThis Acceptable Use Policy represents Apex Infotech India Pvt. Ltd. agreement andunderstandingbetween Apex Infotech India Pvt. Ltd. and the account holder ("customer") andsupersedes anyother written ororal agreement pertaining to your Apex Infotech India Pvt. Ltd. services. By usingany of theservices offered byApex Infotech India Pvt. Ltd., the customer is bound by and must comply with thisPolicy in itsentirety.Violations will result in cancellation of your services or such other action as Apex Infotech India Pvt. Ltd. , in it's sole discretion, may deem appropriate.If you do not agree with this Policy, please notify our billing departmentat 8097502929 / 8097005050 . USE OF YOUR ACCOUNT SHALL CONSITUTE YOUR APPROVAL ANDCOMPLIANCE WITH THISPOLICY.

SYSTEM AND NETWORK

  1. Customer will not tamper with other accounts, or commit unauthorized intrusioninto any part ofour system, or use any of our equipment to intrude into any other system ornetwork.
  2. Customer will not use, or attempt to use, any of our services not included inyour account.
  3. Customer will not use the system in a manner that burdens disk space, processorsor other systemresources beyond those allowed by the specified type of account. Customer agreesto not makedeliberate attempts to interfere with a service, overload a service or attemptto disable a host. Ifcustomer's account causes Apex Infotech India Pvt. Ltd. 'server(s) to becomeoverloaded due to high CPU or disk usage, we reserve the right to suspend orcancel your account.
  4. Apex Infotech India Pvt. Ltd. will not tolerate any attempted use ofInternet services orsystems without the owner's authorization. This includes, and is notlimited to: passwordhacking, defrauding others into releasing their password or account information,denial-of-service attacks, or the use of programs, scripts, commands ormessages with theintent to interfere with a user's terminal session.

E-MAIL

  1. By using Apex Infotech India Pvt. Ltd. mail services, the customer agreesto use mailservices, mail forwarding capabilities, POP accounts, etc. for their own use andwithin the scope ofthis Acceptable Use Policy.
  2. Customer may not send unsolicited, or "SPAM" e-mail to any accountthat has notspecifically requested information or that causes complaints from the recipientsof such unsolicitede-mail.
  3. Customer agrees to utilize Apex Infotech India Pvt. Ltd. email services inaccordance withall acceptable laws and requests. Apex Infotech India Pvt. Ltd. prohibitsthe transmission ofemail that is harassing, libelous, defamatory, legally obscene, threatening,abusive or hateful tonon-consenting recipients.
  4. Apex Infotech India Pvt. Ltd. prohibits the forwarding of chain letters ofany type(including charity requests or petitions for signatures).

GENERAL

  1. Apex Infotech India Pvt. Ltd. services may only be used for lawfulpurposes. Transmission orstorage of any information, data or material that may be in violation of anyIndian law isprohibited. This includes, and is no limited to, material protected bycopyright, trade secret orany other statute, threatening or obscene material. Such materials may beremoved at any time uponour discretion.
  2. We reserve the right to terminate any account that does not abide by our Termsof Service and ourAcceptable Use Policy.
  3. Apex Infotech India Pvt. Ltd. does not endorse any materials that may beoffensive,inflammatory or of an adult nature. Apex Infotech India Pvt. Ltd. disclaims any and allliability for such content.

Apex Infotech India Pvt. Ltd. 's rights

  1. Apex Infotech India Pvt. Ltd. is entitled to cancel User registrations atany time withoutstating reasons.Any such cancellation terminates the user's right to use the servicesprovided by the platform.The publisher can serve notice of cancellation either by letter, by fax or by Email.
  2. Apex Infotech India Pvt. Ltd. is also entitled to delete individualuser-generatedcontributions ofparts thereof at any time and at its sole discretion. This applies, inparticular, in caseswhere a user has committed a violation of these conditions for use. In any suchcase, Apex Infotech India, when becoming aware of the violation, is entitled and obliged ongrounds ofits legal responsibility pursuant to the Information Technology Act, 2000 (ITAct) and the IndianPenal Code, 1860 (IPC)to exclude the user, cancel his registration and to delete content used by oraddressed to him. Apex Infotech India Pvt. Ltd. is under no obligation to give Users advance warning of deletion of contentgenerated by them.

Final provisions

  1. Apex Infotech India Pvt. Ltd. 's Standard Terms of Contract (in theversion which isvalid at any given time) and Licensing Terms shall also be applicable.
  2. Conclusion of this contract or use of Apex Infotech India Pvt. Ltd. services and offers doesnot in any way constitute formation of a joint venture or partnership, orcreation of anemployer-employee relationship of an agency relationship between Apex Infotech India Pvt. Ltd.India and the individual user.
  3. Unless otherwise stated, the content of this website is the property of Apex Infotech India Pvt.Ltd. India. The website's contents are protected by Information TechnologyAct, 2000 (IT Act)and the Indian Penal Code, 1860 (IPC).
  4. Unless otherwise stipulated by law, the place of jurisdiction shall be India.
  5. This contract is governed by Indian laws in the version applicable at any giventime.
  6. Should any of the individual provisions contained in these conditions for useprove orsubsequently become invalid, this shall not affect the validity of the remainingprovisions. In theevent of invalidity of any provision the parties to this contract will agree alegally validalternative provision corresponding as closely as possible in commercial termsto the originalinvalid provision. The same shall apply in the event of subsequent discovery ofany omission fromthe contract.

Use of Apex Infotech India Pvt. Ltd. services assumes that the Customer has readthe Terms ofService Agreement and Acceptable Use Policy and agrees to abide by its contentsherein.For information on our SEO, SEM, Social Media Marketing or Web Designing services,contact us today!