Definitions:
Your, The Client: The company or individual requesting the services of Sirsonite Solutions Pvt. Ltd. Solutions Pvt. Ltd.We, Sirsonite Solutions Pvt. Ltd.: Primary web developer/site owner & employees or affiliates.
Services: Website Design & Development, Software Development, Digital Marketing, Lead Generation, Mobile App Development (Android & iOS), Domain & Hosting, Logo Designing and Branding, Multimedia Services, SEO, Social Media Marketing, Google Ads, E-commerce solutions, Amazon PPC, IT services and ITeS Services.
1. General
Sirsonite Solutions Pvt. Ltd. ("Sirsonite") provides various IT services including web hosting, domain name registration, digital marketing, lead generation, website design and development, software development, graphic design, app development (Android & iOS), logo design, SEO, and e-commerce solutions. By engaging with Sirsonite for any service, whether verbally, via email, telephone, mail, or fax, you agree to be bound by these terms and conditions.
2. Pricing
All prices for Sirsonite's services are subject to change. Sirsonite will provide at least 30 days' notice of any changes to pricing.
3. Payment Terms
i. Payments made to Sirsonite are non-refundable. ii. Invoices issued by Sirsonite are due for payment within 14 days from the date of the invoice unless otherwise agreed upon in writing. iii. Failure to settle invoices promptly may result in denial of access to related services and removal of web pages. Any costs incurred by Sirsonite in chasing late payments will be added to the client's account.
4. Registering a Domain Name
i. Sirsonite Solutions Pvt. Ltd. ("Sirsonite") does not warrant or guarantee that the domain name applied for by the client will be registered in their name or will be capable of registration. Therefore, clients should refrain from taking any action regarding their requested domain name(s) until they receive confirmation from Sirsonite.ii. Both the registration of the domain name and its ongoing use are subject to the terms and conditions set by the relevant domain name registrar. Clients are responsible for familiarizing themselves with these terms and ensuring compliance. Clients acknowledge and agree that any claims or disputes related to the refusal of a naming authority to register a domain name shall not hold Sirsonite liable. Additionally, the administration charge paid to Sirsonite by the client shall be non-refundable under any circumstances.iii. Sirsonite assumes no responsibility for the client's use of a domain name. Any disputes between the client and third parties regarding a domain name must be resolved directly between the involved parties. Sirsonite reserves the right, at its sole discretion and without explanation, to suspend or cancel a domain name and/or make representations to the relevant naming authority upon becoming aware of such a dispute.
5. Renewal of Domain Name Registration
i. Sirsonite is under no obligation to renew a client's domain name unless expressly instructed to do so by the client. In cases where Sirsonite decides not to renew a domain name, it shall not be liable for any resulting loss or damages incurred by the client. Non-renewal may occur if the client has unpaid invoices or is in breach of any terms stipulated in this agreement.ii. Email communication is the primary method used by Sirsonite to notify clients regarding domain name renewals. Clients are solely responsible for ensuring that their email contact details are accurate and up to date. Sirsonite shall not be held responsible for any non-renewal of domain names due to outdated email contact information.iii. In the event that a client closes their account with Sirsonite without transferring their domain name to another registrar, the client agrees that Sirsonite may contact them after account closure to remind them about domain name renewals.
6. Passwords and Content
i. Clients are responsible for maintaining the confidentiality and security of any passwords or login details associated with the services provided by Sirsonite. Clients bear full responsibility for the use of their account and any actions taken by individuals to whom they have disclosed their password and login details.ii. Clients retain all rights to their data and any content they use or store in connection with Sirsonite's services. Clients must possess or be licensed to use all intellectual property rights associated with their data and content (including copyright and trademark rights). The terms under which clients hold or license their data and content must permit Sirsonite to fulfill its obligations under this agreement. By entering into this agreement, clients grant Sirsonite a license to use and reproduce their data and content solely for the purpose of providing the agreed-upon services.iii. Clients must ensure compliance with Sirsonite's Acceptable Use Policy regarding the data or content they use or store in connection with the services provided by Sirsonite.
7. Our Warranties and Liabilities
i. Sirsonite warrants that it will provide services to the client with reasonable care and skill.ii. Sirsonite does not warrant that the services provided under this agreement will be uninterrupted or error-free, or that they will meet the specific requirements of the client, except as expressly stated in this agreement.iii. Exclusions: a. Sirsonite excludes all liability for indirect, incidental, special, and consequential loss or damage of any kind, including but not limited to loss or corruption of data, loss of use, loss of revenue, loss of profits, failure to achieve expected profits or savings, and any other commercial or economic loss, whether in contract, tort (including negligence), under statute, or otherwise arising from or related to this agreement and/or its subject matter. b. The services provided by Sirsonite are offered on an "as is" and "as available" basis. c. Sirsonite makes no express or implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage, or trade practice, regarding any goods or services provided under or incidental to this agreement. d. No oral or written information or advice given by Sirsonite, its resellers, agents, representatives, or employees shall create a warranty or expand the scope of the express warranties provided in this agreement. Clients may not rely on any such information or advice. e. Sirsonite's total aggregate liability to the client for any claim arising in contract, tort, negligence, or otherwise related to the provision of services shall be limited to the charges paid by the client to Sirsonite in the 12 months preceding the claim. Any claims must be brought to Sirsonite's attention within one year of their occurrence. f. If this agreement constitutes the supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth), nothing in this agreement excludes, restricts, or modifies any remedies or guarantees where doing so is unlawful. To the maximum extent permitted by law, if any such remedy or guarantee benefits the client under the Competition and Consumer Act 2010 (Cth), Sirsonite's liability for breaching such remedy or guarantee shall be limited to the remedies available under that Act.
8. Suspension and Termination of the Service
i. Sirsonite may suspend or terminate a client's account if: a. The client breaches any terms of this agreement and fails to rectify the breach within 7 days of being notified by Sirsonite. b. The client becomes insolvent or is declared bankrupt. c. A court or arbitration award directs Sirsonite to do so.ii. In addition to other rights provided in this agreement, Sirsonite reserves the right to amend, alter, or remove client data or content under the following circumstances: a. Upon receipt of a court order or directive from a competent body requiring Sirsonite to do so. b. Upon direction from the Australian Communications and Media Authority, another regulatory body, or industry association. c. If Sirsonite, at its sole discretion, determines that the client is breaching this agreement, including but not limited to infringing upon third-party intellectual property rights or hosting defamatory, illegal, obscene, or privacy-violating content.iii. Sirsonite may suspend or deny access to the services temporarily without notice or liability during technical failures, modifications, or maintenance activities related to the services. Sirsonite will make reasonable efforts to restore services promptly. Clients remain liable for all charges during any suspension period.iv. If a client's account is suspended or terminated due to breach of this agreement, reactivation of the account will be at Sirsonite's discretion. If reactivation is approved by Sirsonite, the client must settle all outstanding amounts in full and pay a reactivation fee.v. Clients may terminate their account or any individual service with Sirsonite at any time by providing notice via email. Refunds for prepaid amounts are subject to the following conditions: a. No refunds are available for domain names. b. No refunds are available for one-time services such as digital certificates. c. No refunds are available for services with 30 days or less remaining. For services with more than 30 days remaining, unused credit will be refunded on a pro-rata basis for the remaining period.vi. If Sirsonite decides to terminate a client's service for reasons other than a breach of this agreement, Sirsonite will provide the client with 30 days' written notice. In such cases, Sirsonite will refund any remaining unused credit on the client's account.vii. Upon closure of a client's account for any reason, all outstanding charges must be settled immediately.viii. Sirsonite is not obligated to provide clients with a copy of their data or content if access to the service has been suspended or terminated due to a breach of this agreement. If Sirsonite chooses to provide a copy of the data or content under such circumstances, a fee may be charged. Additionally, Sirsonite reserves the right to destroy client data or content at its discretion upon account termination. Once destroyed, data or content may be irrecoverable.ix. Clients are responsible for conducting necessary tests and virus scans to ensure that data uploaded or downloaded from the server does not contain computer viruses and does not compromise the data or systems of any person.x. Clients are solely responsible for addressing issues related to individuals who access their data. Clients agree not to redirect complaints or inquiries regarding such access to Sirsonite.xi. Sirsonite reserves the right to suspend, disable, limit, or terminate services or deny clients access to services without notice if Sirsonite determines, in its sole discretion, that clients are using services illegitimately, in violation of this agreement, or in violation of any law. Sirsonite may also remove client data or content in such cases.
9. Archiving and Backup of Your Data
i. Clients are solely responsible for backing up their data, including email files, independently. Clients must maintain a recent copy of their data at their premises at all times.ii. Sirsonite performs regular data archiving for disaster recovery purposes. In the event of equipment failure or data corruption, Sirsonite will restore data from the most recent valid archive. If all archives are corrupted or if an old archive is used for restoration, clients should be prepared to upload their data to their website.iii. Sirsonite provides clients with a backup tool within their control panel for creating and downloading backup copies of their website and email data. Clients are responsible for performing backups using this tool. To restore data from backup, clients must follow Sirsonite's instructions. iv. Sirsonite is not responsible for any loss of data, including but not limited to loss of website files, email files, or other data, whether as a result of backup failure, software or hardware failure, client negligence, or any other cause. Sirsonite recommends that clients backup their data regularly.
10. Spam
i. Spamming, including the sending of unsolicited bulk and commercial messages over the internet, is prohibited. Such actions may result in account suspension or termination without notice. Additionally, spamming is illegal and can subject the sender to substantial fines and penalties.ii. Sirsonite reserves the right to determine whether messages constitute spam. Any questions regarding the appropriateness of a message should be directed to Sirsonite before its transmission.
11. Unacceptable Use
i. Clients may not use Sirsonite's services in a manner that: a. Infringes upon the intellectual property rights of others, including but not limited to copyrights, trademarks, trade secrets, or patents. b. Violates any applicable laws or regulations. c. Is fraudulent, deceptive, or misleading. d. Is defamatory, libelous, unlawfully threatening, or unlawfully harassing. e. Is obscene, pornographic, or otherwise objectionable. f. Contains or installs viruses, worms, bugs, Trojan horses, or other harmful code. g. Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. h. Impersonates any person or entity, including any employee or representative of Sirsonite.ii. Sirsonite reserves the right to review materials posted to its services and to remove any materials in its sole discretion. Sirsonite reserves the right to terminate client services without notice for any reason, including but not limited to violations of this section.
12. Intellectual Property
i. Sirsonite and its licensors retain ownership of all proprietary rights in and to the services provided by Sirsonite. Clients agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the services, use of the services, or access to the services without the express written permission of Sirsonite.ii. Clients shall retain all rights to any data or content they upload or store on Sirsonite's servers. Clients grant Sirsonite a license to use and reproduce their data and content solely for the purpose of providing the agreed-upon services.
13. Indemnification
i. Clients agree to defend, indemnify, and hold harmless Sirsonite and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) arising out of or related to client's use of the services, including but not limited to client's violation of this agreement or any third-party's rights.
14. Refund Policy
i. Refund requests for services must be made in writing via email.ii. Clients are not entitled to a refund if Sirsonite has suspended or terminated client access to the services due to a violation of this agreement.
15. Force Majeure
i. Neither party shall be liable for any failure or delay in performance under this agreement (other than for delay in the payment of money due and payable hereunder) for reasons beyond its reasonable control, including but not limited to natural disasters, terrorist acts, wars, labor disputes, acts of government, and acts of God.
16. Privacy
i. Sirsonite's Privacy Policy applies to the collection, use, storage, and disclosure of client information. By accepting these terms and conditions, clients acknowledge that they have read and agree to the terms of the Privacy Policy.
17. Notifications & Communications
i. All official notifications under this agreement shall be sent via email to the client's designated email address. By entering into this agreement, clients agree to receive other email communications of a marketing and promotional nature from Sirsonite unless they opt out of Sirsonite's mailing list. However, clients may not opt out of critical service notifications, renewal notices, billing statements, account notifications, scheduled downtime alerts, or any other communications necessary for the provision of services by Sirsonite.
18. Notifications & Communications (continued)
All official notifications under this agreement will be sent via email to the client's designated internet address. By entering into this agreement, clients agree to receive other email communications of a marketing and promotional nature unless they opt out of Sirsonite's mailing list. However, clients cannot opt out of critical service notifications, renewal notices, billing statements, account notifications, scheduled downtime alerts, or any other communications deemed essential for the provision of services by Sirsonite.
19. Conclusion
These terms and conditions constitute the entire agreement between you (the client) and Sirsonite Solutions Pvt. Ltd. regarding the services provided. They supersede any prior agreements, understandings, or representations, whether oral or written, relating to the subject matter herein.By engaging with Sirsonite Solutions Pvt. Ltd. for any service, you acknowledge that you have read, understood, and agree to abide by these terms and conditions. If you do not agree with any part of these terms and conditions, you should not proceed with using Sirsonite's services.
20. Severability
If any clause or provision of these terms and conditions is held to be invalid or unenforceable, the remaining clauses and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
21. Assignment
You may not assign or transfer any of your rights or obligations under these terms and conditions without the prior written consent of Sirsonite Solutions Pvt. Ltd. Sirsonite may assign or transfer its rights and obligations under these terms and conditions to a related entity or as part of a business restructuring.
22. Changes to Terms
Sirsonite Solutions Pvt. Ltd. reserves the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting on Sirsonite's website or other means of communication. Your continued use of Sirsonite's services after any such changes constitutes your acceptance of the modified terms and conditions. If you do not agree to the modified terms and conditions, you must stop using Sirsonite's services and terminate your account.
23. Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of Pune, Maharashtra, India. Any dispute arising out of or in connection with these terms and conditions, including any disputes regarding the existence, validity, or termination thereof, shall be subject to the exclusive jurisdiction of the courts of Pune, Maharashtra, India.
24. Contact Information
If you have any questions or concerns about these terms and conditions, please contact Sirsonite Solutions Pvt. Ltd. at: Sirsonite Solutions Pvt. Ltd. Address - Level 5, Office 528, Regus Tech Centre, Rajiv Gandhi Infotech Park, MIDC, Phase 1, Hinjewadi, Pune -411057, India. Email - info@sirsonite.com Phone No. +91 898 300 1410
