1. By virtue of
signature, the Customer hereby irrevocably authorizes iMedia
Solutions (“the Company”) and the Company hereby
undertakes to create, design and host website (“the
Service”) for and on behalf of the Customer in accordance
with the instructions and order placed by the Customer.
2. The Company will provide the Service based on the information
and instructions provided by the Customer.
3. iMedia Solutions shall commence its performance of this
Contract only after realization of the cheque / Demand Draft
provided towards the consideration. In the event of dishonor
of cheque / Demand Draft, iMedia Solutions reserves the right
to charge the Customer towards bank charges and administrative
charges.
4. The Customer authorizes the Company to contact it, from
time to time, by telephone or otherwise so as to verify its
information in Company’s database and also for obtaining
additional information relating to its products / services
etc.
5. The Customer also authorizes the Company to keep it informed
periodically about its business including new / existing products
through telephone, email, SMS etc.
6. iMedia Solutions shall not be liable to the Customer save
as expressly provided for in these terms and conditions and
shall have no other obligations, duties or liabilities whatsoever
in contract, tort or otherwise. To the maximum extent permitted
by law, iMedia Solutions hereby disclaims all warranties,
terms and conditions with regard to the information, products
and services including all implied warranties, terms and conditions
by statute, collaterally or otherwise of satisfactory quality,
fitness for a particular purpose and title. iMedia Solutions
shall in no event, be liable for any loss of profit, loss
of opportunities, loss of business, loss of revenue, indirect,
incidental, special or consequential loss arising out of,
or in any way connected with the use of the website or with
the delay or inability to provide the contracted service.
In no event will iMedia Solutions liability in connection
with the services, any software, application, utility Etc…
provided hereunder, or this agreement, whether caused by failure
to deliver, non-performance, defects, breach of warranty or
otherwise, exceed the aggregate amount paid by the Customer
as consideration for this contract.
7. Disclaimer
a) iMedia Solutions shall not be responsible for any errors
in websites due to incorrect details furnished by the Customer.
b) The sales / authorized representative does not have the
authority either by words, written or
oral or by conduct to do any of the following acts and such
acts if done shall not bind iMedia
Solutions in the execution of the contract. The Customer shall
in this regard solicit the advice in writing of the iMedia
Solutions personnel not below the rank of a branch.
8. iMedia Solutions reserves the right to terminate the Contract
at its option.
9. The Customer shall indemnify and keep iMedia Solutions
and its Directors and officers indemnified in respect of all
expenses, loss or damages (pecuniary or otherwise) which may
be suffered by it / them against any claims made by third
party arising out of providing the service for any reason
including infringement of any Intellectual Property Rights.
10. iMedia Solutions decision on the scope of the contract
and interpretation thereof shall be final and binding on the
Customer.
11. Any dispute arising out of this Contract between the Company
and the Customer shall be subject to exclusive jurisdiction
of Courts at Pune only.
12. Force majeure – iMedia Solutions shall not be liable
to Customer in respect of any delay in performance of this
Contract or breach of terms and conditions due to any event
or circumstances beyond iMedia Solutions reasonable control.
13. Entire agreement: The terms and conditions of this agreement
supersede all former oral or written understandings / agreements/
representations between the parties and shall constitute the
entire agreement between the parties with respect to the subject
matter of this Contract. There are no understandings and representations,
express or implied not expressly set forth in this Contract.
The Contract shall not be modified or amended except by writing
signed by the party to be charged, and no changes or additions
shall bind iMedia Solutions unless signed by it through an
employee of not below the Proprietor rank.
14. The contract shall also be subject to the Website Use
Policy as specified below.
Website Use Policy
1. Scope. This Policy (this "Policy") governs the
usage of iMedia Solutions (“Company”) product,
“Website” (the "Services"). This Policy
is incorporated by reference into each contract Company enters
into with a customer (each, a "Customer") for the
use of such Services. Company may modify this Policy at any
time without notice. In addition, this Policy is incorporated
by reference into the Terms and Conditions applicable to Company's
Web site so that no person who utilizes Company's Web site
(regardless of whether that person is a Customer) may take
any action utilizing Company's Web site that a Customer would
be prohibited to take utilizing the Services.
2. Purpose . The purpose of this Policy is to enhance the
quality of the Services and to protect Company's customers,
and the Internet community as a whole, from illegal, irresponsible,
or disruptive Internet activities. This Policy applies to
each Customer and its employees, agents, contractors or other
users of such Customer who obtain Services from Company (each
such person being a "User"). Each User should use
common sense and good judgment in connection with the Services.
Parents or guardians should always supervise minors in using
the Internet. Parents and guardians should remain aware at
all times of what is on the Internet and how the minors under
their care are using the Services and the Internet.
3. Prohibited Uses . Users may not:
a. Utilize the Services to send mass unsolicited e-mail to
third parties. Provided, however, that Users may use software
programs or services provided by Company to send unsolicited
commercial e-mail so long as the User ensures that such transmissions
comply with all applicable regulations, rules and laws for
the time being in force in India or outside.
b. Utilize the Services in connection with any illegal activity.
Without limiting the general
application of this rule, Users may not:
i. Utilize the Services to copy material from third parties
(including text, graphics, music, videos or other copyrightable
material) without proper authorization;
ii. Utilize the Services to misappropriate or infringe the
patents, copyrights, trademarks or other intellectual property
rights of any third party;
iii. Utilize the Services to traffic in illegal drugs, illegal
gambling, obscene materials or other any products or services
that are prohibited under applicable law;
iv. Utilize the Services to export encryption software in
violation of applicable export control laws in India or outside;
or
c. Utilize the Services in any manner that violates applicable
law Utilize the Services in connection with any tortious or
actionable activity. Without limiting the general application
of this rule, Users may not:
i. Utilize the Services to publish or disseminate information
that (A) constitutes slander, libel or defamation, (B) publicizes
the personal information or likeness of a person without that
person’s consent or (C) otherwise violates the privacy
rights of any person.
ii. Utilize the Services to threaten persons with bodily harm,
to make harassing or abusive statements or messages, or to
solicit the performance of acts or services that are illegal
under applicable law.
d. Utilize the Services in connection with any other disruptive
or abusive activity. Without limiting the general application
of this rule, Users may not:
i. Utilize the Services to cause denial of service attacks
against Company or other network hosts or Internet users or
to otherwise degrade or impair the operation of Company’s
servers and facilities or the servers and facilities of other
network hosts or Internet users;
ii. Post messages or software programs that consume excessive
CPU time or storage space;
iii. Utilize the Services to offer mail services, mail forwarding
capabilities, POP accounts or auto responders other than for
the User’s own account;
iv. Utilize the Services to resell access to CGI scripts installed
on Company’s servers;
v. Utilize the Services to subvert, or assist others in subverting,
the security or integrity of any Company systems, facilities
or equipment;
vi. Utilize the Services to gain unauthorized access to the
computer networks of Company or any other person;
vii. Utilize the Services to provide passwords or access codes
to persons not authorized to receive such materials by the
operator of the system requiring the password or access code;
viii. Utilize the Services to (A) forge the signature or other
identifying mark or code of any other person, (B) impersonate
or assume the identity or any other person, or (C) engage
in any other activity (including "spoofing") to
attempt to deceive or mislead other persons regarding the
true identity of the User (excluding the use of anonymous
remailers or Internet nicknames);
ix. Utilize the Services to distribute or post any virus,
worm, Trojan horse, or computer code intended to disrupt services,
destroy data, destroy or damage equipment, or disrupt the
operation of the Services;
x. Utilize the Services to conduct port scans or other invasive
procedures against any server (except any server for which
the User is an authorized system administrator);
xi. Utilize the Services to distribute, advertise or promote
software or services that have the primary purpose of encouraging
or facilitating unsolicited commercial e-mail or spam;
xii. Utilize the Services to solicit or collect, or distribute,
advertise or promote, e-mail address lists for the purpose
of encouraging or facilitating unsolicited commercial e-mail
or spam;
xiii. Utilize the Services in any manner that might subject
Company to unfavorable regulatory action, subject Company
to any liability for any reason, or adversely affect Company’s
public image, reputation or goodwill, including, without limitation,
sending or distributing sexually explicit, hateful, vulgar,
racially, ethnically or otherwise objectionable materials
as determined by Company in its sole discretion;
xiv. Use any third party software that impairs, disrupts,
destroys, or otherwise damages or has
xv. potential to damage Company’s servers and facilities
or the servers and facilities of other network hosts or Internet
users; or xv. Utilize the Services in any other manner to
interrupt or interfere with the Internet usage of other persons.
4. Violations.
a. Disclaimer. Company expressly disclaims any obligation
to monitor its Customers and other Users with respect to violations
of this Policy. Company has no liability or responsibility
for the actions of any of its Customers or other Users or
any content any User may post on any Web site.
b. Reporting Non-Copyright Violations. Company encourages
Users to report violations of this policy by e-mail to: info
@ imediasolutions.in , including in any such report
the name of the offending domain (for example, xyz.com) and
the type of abuse (for example, spam, illegal acts, harassment,
etc.) in the "subject" field of the e-mail.
c. Reporting Copyright Violations. Company encourages Users
to report an alleged IPR
infringement involving a user by sending a notice to info
@ imediasolutions.in
d. d. Company reserves the right to suspend or terminate any
customer pursuant to any valid complaint. Furthermore, Company,
in its sole discretion, may suspend or terminate without notice;
any User that Company determines is a repeat IPR infringer.
e. e. Remedies. If Company learns of a violation of this Policy,
Company will respond to the applicable Customer and may, in
Company’s sole discretion, take any of the following
actions, in accordance with the severity and duration of the
violation :
i. Warning the Customer;
ii. Suspending the offending Customer from the Services;
iii. Terminating the offending Customer from the Services;
iv. Imposing fees or charges on the offending Customer account
in accordance with the applicable service contract;
v. Removing the offending content or service; and
vi. Taking other action in accordance with this Policy, the
applicable service contract or applicable law.
5. Reservation of Rights. Company reserves the right to cooperate
with appropriate legal
authorities in investigations of claims of illegal activity
involving Company’s Services, Customers and other Users.
Company reserves all other rights to respond to violations
of this Policy to the extent of applicable law and in accordance
with any applicable contractual obligations. Company may utilize
technical means to monitor communications into, and out of,
its network facilities to prevent the introduction of viruses
or other hostile code, to prevent intrusions and otherwise
to enforce this Policy and each Customer agrees that Company
is authorized to monitor its communications through Company's
network for such purposes.
15. Obligations Of The Registrant
1 The Registrant agrees to provide, maintain and update, current,
complete and accurate information of the Whois Record and
all the data elements about the Order in the OrderBox Database
during the term of the Order. Registrant agrees that provision
of inaccurate or unreliable information, and/or Registrant's
failure to promptly update information, or non-receipt of
a response for over five (5) calendar days to inquiries sent
to the email address of the Registrant or any other contact
listed for the Order in the OrderBox database concerning the
accuracy of contact information associated with the Order
shall be constituted as a breach of this Agreement and a basis
for freezing, suspending, or deleting that Order. |
