Terms and Conditions

  Terms & Conditions

This Terms of Service Agreement, together with the Acceptable Use Policy, all applicable quotes, price lists and software license agreements of Apex Infotech India and third parties represents the complete agreement and understanding between Apex Infotech India (Apex Infotech India.com) and you, the Apex Infotech India customer ("you" or "your"), and supersedes any other written or oral agreement pertaining to your Apex Infotech India services. By using Apex Infotech India services or Apex Infotech India software, or both, you agree to be bound by and to comply with this agreement just as if you had signed it. Violation of any provision of this agreement is grounds for, but not limited to, immediate termination of your Apex Infotech India account. Apex Infotech India may modify these terms and conditions, and/or modify prices, as well as discontinue or change services offered upon notice published on-line via www.apexinfotechindia.com. The customer and Apex Infotech India make this agreement for Apex Infotech India services effective as of the date of acceptance of Apex Infotech India services.

If you do not agree to this Terms of Service Agreement, together with the Acceptable Use Policy, please notify our billing department at 022.6500.5050/2929. USE OF YOUR ACCOUNT SHALL CONSITUTE YOUR APPROVAL OF THIS AGREEMENT.

SERVICES

Website Hosting

  1. Apex Infotech India services provided to the customer may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any Indian 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. Apex Infotech India reserves the right to remove any and all materials that infringe on copyright work or that may be in violation of any Indian laws. Such materials will be removed at any time upon receiving a complaint and or notice of copyright infringement or violation.
  2. Apex Infotech India servers shall not be used to host or store pornographic or adult material of any kind. Apex Infotech India reserves the right to determine what constitutes "pornographic" or "adult material".
  3. Customer agrees not to utilize Apex Infotech India hosting and/or e-mail services or equipment for the purpose of sending the same or substantially similar unsolicited or bulk e-mail. Customer also agrees to not reference a Apex Infotech India hosted web site or Apex Infotech India e-mail account in any unsolicited or bulk e-mail, whether or not that e-mail is sent through a Apex Infotech India server.
  4. Apex Infotech India makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. Apex Infotech India will not be responsible for damage the customer suffers; including and not limited to: loss of data resulting from delays; non-deliveries; mis-deliveries; service interruptions caused by it's own negligence, customer errors or omission, or due to the fault of third parties.
  5. Apex Infotech India reserves the right to discontinue any and all services at any time, without prior notice or obligation, for any conduct which Apex Infotech India, at its sole discretion, concludes is not tolerated by this Agreement or harmful to Apex Infotech India' interest or the interests of others. Apex Infotech India also may limit, restrict or prohibit access to its system resources as Apex Infotech India, in its sole discretion, regards appropriate to provide the availability of such resources.
  6. All of Apex Infotech India' hosting fees are based on the customer's web site having one domain name pointing to it, as defined in our DNS servers. Any additional domain names must also be included in our DNS servers and may be subject to additional fees. Failure to disclose such information to Apex Infotech India may be grounds for termination of services.
  7. Transferring your domain to another provider does not constitute canceling your Apex Infotech India account. You must formally cancel your account with Apex Infotech India to avoid further charges.

Website Design & Development, Content Policy:

  1. Images & content should be provided by the client within the required time, needed for the project.
  2. The client is required to give the confirmation within 2-3 days, once the website design layout 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 pay additional charges.
  4. Content may be provided by Apex Infotech, however, it is chargeable. Additional charges will be levied, depending on the type and quantity of the content.
  5. The client is responsible for maintaining their own backups with respect to their website. Apex Infotech India will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by Apex Infotech India.
  6. Apex Infotech India shall not be liable for any loss or damage which he client may suffer which is in any way attributable to any delay in performance or completion of our contract, however, that delay arises.

Whilst Apex Infotech India are managing your Google AdWords account the following terms and conditions apply:

  1. By entering this Agreement with Apex Infotech India you give us permission to access your Google AdWords account for the purposes of optimisation and management of your online business.
  2. Apex Infotech India will endeavour to set up your AdWords accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.
  3. If you decide to cancel our management services with us you will need to pay out your contract with us within 60 days and if you are already out of contract then we require 30 days notice in writing to cancel our management services to crm@apexinfotechindia.com.
  4. Apex Infotech India management (with Apex Infotech India management fees) is a separate service from the “per click” fees that Google AdWords will charge you. Cancellation of your management does not automatically stop your Google AdWords advertising from running and incurring Google AdWords “per click” fees. Apex Infotech India will not be liable for any amounts that Google AdWords charges you following the cancellation of your management with Apex Infotech India. If you wish to cease advertising online at the same time that you cancel your Apex Infotech India management, please notify your Client Manager in writing so that we can cancel your Google Adwords online advertising as well. Alternatively, you may choose to directly access your own Google Adwords account to arrange cancellation.
  5. For clarity, please note that:
    • Apex Infotech India is not Google, Google AdWords, Facebook or Yahoo;
    • Apex Infotech India is affiliated with Google by being a “Google Certified Partner”. However despite this affiliation with Google, Apex Infotech India is a separate entity from Google.

PAYMENT TERMS

  1. Customer agrees to provide Apex Infotech India with accurate and complete contact and billing information. It is the responsibility of the Customer to contact Apex Infotech India of any changes to their account, such as contact, phone number and/or billing information.
  2. Apex Infotech India will not tolerate payment of Apex Infotech India account(s) or service(s) by fraudulent means. Doing so will result in immediate termination and possible criminal and civil liabilities.
  3. Apex Infotech India account(s) will considered unpaid if payment by acceptable means is not received after 30 days of the date due. Accounts that are unpaid may be suspended, archived or terminated from the Apex Infotech India system. We are not responsible for any loss of data on unpaid accounts. Unpaid accounts will continue to 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 immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and 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 the project.
  6. You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

Cancellation Policy

  1. Customer agrees to formally notify Apex Infotech India of any account or service cancellation request via email to crm@apexinfotechindia.com, or Postal mail to: Apex Infotech India, 101-102, Apollo Chambers, Mogra Village, Andheri (E), Mumbai – 4000069.
  2. Cancellations are on a "same day" policy. Your account will 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 subject to billing for hours incurred, to date of cancellation, at the hourly rate mentioned in the proposal. Hours incurred include project management, development, design and any other services provided prior to cancellation.
  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 will not sell or distribute your personal information to any list, telemarketing or mass distribution company or firm. Your information will be kept strictly confidential. Apex Infotech India may disclose information regarding accounts if requested to do so by law.

Acceptable Use Policy
This Acceptable Use Policy represents Apex Infotech India agreement and understanding between Apex Infotech India and the account holder ("customer") and supersedes any other written or oral agreement pertaining to your Apex Infotech India services. By using any of the services offered by Apex Infotech India, the customer is bound by and must comply with this Policy in its entirety. Violations will result in cancellation of your services or such other action as Apex Infotech India, in it's sole discretion, may deem appropriate.
If you do not agree with this Policy, please notify our billing department at 022.6500.5050/2929. USE OF YOUR ACCOUNT SHALL CONSITUTE YOUR APPROVAL AND COMPLIANCE WITH THIS POLICY.

SYSTEM AND NETWORK

  1. Customer will not tamper with other accounts, or commit unauthorized intrusion into any part of our system, or use any of our equipment to intrude into any other system or network.
  2. Customer will not use, or attempt to use, any of our services not included in your account.
  3. Customer will not use the system in a manner that burdens disk space, processors or other system resources beyond those allowed by the specified type of account. Customer agrees to not make deliberate attempts to interfere with a service, overload a service or attempt to disable a host. If customer's account causes Apex Infotech India' server(s) to become overloaded due to high CPU or disk usage, we reserve the right to suspend or cancel your account.
  4. Apex Infotech India will not tolerate any attempted use of Internet services or systems without the owner's authorization. This includes, and is not limited to: password hacking, defrauding others into releasing their password or account information, denial-of-service attacks, or the use of programs, scripts, commands or messages with the intent to interfere with a user's terminal session.

E-MAIL

  1. By using Apex Infotech India mail services, the customer agrees to use mail services, mail forwarding capabilities, POP accounts, etc. for their own use and within the scope of this Acceptable Use Policy.
  2. Customer may not send unsolicited, or "SPAM" e-mail to any account that has not specifically requested information or that causes complaints from the recipients of such unsolicited e-mail.
  3. Customer agrees to utilize Apex Infotech India email services in accordance with all acceptable laws and requests. Apex Infotech India prohibits the transmission of email that is harassing, libelous, defamatory, legally obscene, threatening, abusive or hateful to non-consenting recipients.
  4. Apex Infotech India prohibits the forwarding of chain letters of any type (including charity requests or petitions for signatures).

GENERAL

  1. Apex Infotech India services may only be used for lawful purposes. Transmission or storage of any information, data or material that may be in violation of any Indian law is prohibited. This includes, and is no limited to, material protected by copyright, trade secret or any other statute, threatening or obscene material. Such materials may be removed at any time upon our discretion.
  2. We reserve the right to terminate any account that does not abide by our Terms of Service and our Acceptable Use Policy.
  3. Apex Infotech India does not endorse any materials that may be offensive, inflammatory or of an adult nature. Apex Infotech India disclaims any and all liability for such content.

Apex Infotech India’s rights

  1. Apex Infotech India is entitled to cancel User registrations at any time without stating reasons. Any such cancellation terminates the user’s right to use the services provided by the platform. The publisher can serve notice of cancellation either by letter, by fax or by E mail.
  2. Apex Infotech India is also entitled to delete individual user-generated contributions of parts thereof at any time and at its sole discretion. This applies, in particular, in cases where a user has committed a violation of these conditions for use. In any such case, Apex Infotech India, when becoming aware of the violation, is entitled and obliged on grounds of its legal responsibility pursuant to the Information Technology Act, 2000 (IT Act) and the Indian Penal Code, 1860 (IPC) to exclude the user, cancel his registration and to delete content used by or addressed to him. Apex Infotech India is under no obligation to give Users advance warning of deletion of content generated by them.

Final provisions

  1. Apex Infotech India’s Standard Terms of Contract (in the version which is valid at any given time) and Licensing Terms shall also be applicable.
  2. Conclusion of this contract or use of Apex Infotech India services and offers does not in any way constitute formation of a joint venture or partnership, or creation of an employer-employee relationship of an agency relationship between Apex Infotech India and the individual user.
  3. Unless otherwise stated, the content of this website is the property of Apex Infotech India. The website’s contents are protected by Information Technology Act, 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 given time.
  6. Should any of the individual provisions contained in these conditions for use prove or subsequently become invalid, this shall not affect the validity of the remaining provisions. In the event of invalidity of any provision the parties to this contract will agree a legally valid alternative provision corresponding as closely as possible in commercial terms to the original invalid provision. The same shall apply in the event of subsequent discovery of any omission from the contract.

Use of Apex Infotech India services assumes that the Customer has read the Terms of Service Agreement and Acceptable Use Policy and agrees to abide by its contents herein.
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