In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
A) The website www.ssdindia.in (hereinafter referred to as ‘Website’), owned by SSD Web Solutions Pvt. Ltd., a private limited company incorporated under the Companies Act 2013 having its registered office at Sangmeshwar Nivas, Nath Nagar, Rampur Road, Degloor – 431717, Maharashtra, India represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
B) For the purpose of these Terms of Service, along with any amendments to the same, and wherever the context so requires:
i. “You”, “Customer” or “User” shall mean any natural or legal person who has agreed to become a user of the Website by logging into the Website. The Website also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship
ii. “We”, “Us”, “Our”, ‘Company’ shall mean SSD Web Solutions Pvt. Ltd.,
iii. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
iv. “Agreement Period” shall refer to the period for which the User engages the services of the Website.
v. “Services” shall mean the services provided on the Website.
vi. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company.
C) The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
F) If You do not agree with any of these terms, please discontinue using the Website.
G) We hold the sole right to modify the Agreement without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Agreement and stay updated on its requirements. If You continue to use the Website or avail any of its Services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon Your compliance with the Agreement, including but not limited to compliance with the Agreement even after alterations, if any.
- USER’S OBLIGATIONS/RESPONSIBILITIES
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
A) You agree to ensure the email address provided in Your account registration is valid at all times and shall keep Your contact information accurate and up-to-date.
B) You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
C) You undertake not to:
i. Copy, cut, distribute, modify, re-create, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
ii. access (or attempt to access) the Website and/or the materials or services by any means other than through the interface that is provided by the Website . The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or , materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
iii. use the Website or in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company’s Services; (ii) any other party’s use and enjoyment of company’s Services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
iv. use the Services or materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
v. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the );
vii. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s mobile phone;
viii. download any file posted on the Website that You know, or reasonably should know, cannot be legally distributed in such manner;
ix. probe, scan or test the vulnerability of the Website or any connected network , nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website , or exploit the Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the ;
X. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website or any affiliated or linked s;
xi. use the Website or any material or Content for any purpose that is unlawful or prohibited by these Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other Third Parties;
xii. violate any applicable laws or regulations for the time being in force within or outside Your home country;
xiii. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
xv. threaten the unity, integrity, defence, security or sovereignty of Your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
xvi. disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside Your home country.
- CHARGES/BILLING POLICY
A) You are responsible for all charges, costs, expenses and other fees (the “Fees”) associated with your use of the Services once our Services are made available to you.
B) You agree to pay for the Services in advance of the time period during which such Services are provided.
C) Listed fees for the Services do not include any taxes imposed by any taxing authority. Any applicable taxes will be added to invoice as a separate charge to be paid by you.
D) All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services.
E) If a suspended account is to be reactivated, all of the overdue invoices will need to be paid to make it current before the suspension is lifted. If you fail to pay the fees as specified herein, we may suspend or terminate your account and pursue the collection costs incurred by Us, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees.
F) We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
G) Accounts that have invoices more than fourty five (45) days overdue are considered abandoned and will be subject to termination.
H) Domain renewal notices are provided as a courtesy reminder and We are not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal.
I) Domain renewals are billed and renewed thirty (30) days before the renew date. Payment must be made on or before the invoice due date or the domain name may lapse.
J) It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in Our sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
K) If you have any questions concerning a charge on your account, please reach out to our billing department for assistance within thirty (30) days to dispute any charge or payment processed by Us
L) We may increase fees for the Services provided under an Order upon thirty days advance written notice as follows:
- For Services provided on a month-to-month term, User will be intimated of the same when it attempts to access the Website or email on registered email address, before seven (7) days of next renewal.
- For services provided over a term greater than one month, User will be intimated of the same when it attempts to access the Website or email on registered email address, before thirty (30) days of next renewal.
M) We may suspend if Customer fails to make payment on before due date.
N) New services, packages or domains that are ordered and unpaid after seven (7) days will be cancelled.
- MODE OF PAYMENT AND DISCLAIMER
The following payment options are available on the Website:
- Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
- Visa & Master Card Debit cards;
- Net banking/Direct Debit payments from select banks.
The Website uses Third Party payment gateway to handle financial transactions on the Website. We are not responsible for these third Party services. Such services depend on the respective Third Party legal terms. The billing details such as the User’s name and billing address, provided during payment should be up-to-date. Payment information of Users using Our services on the Website is stored in a basic encryption format on the respective payment gateway’s database servers. This encrypted information can be decrypted to reveal the original information. This information is provided to us by the Third Party payment gateway services we use to provide online payment functionality, and hence, may contain certain personal information.
We are not responsible for what information is sent to us and it’s stored as it is sent to us via third Party and we cannot control the information sent. However, storage of this information is necessary for legalities and auditing as well as for verification and more. Currently, the information stored that may be deemed personal to the User is their first name, last name, mobile number, email id and their address zip code. If you wish to dispute a payment regarding your account, you may talk to our Support staff directly.
A) You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorney’s’ fees), incurred by or made Us in connection with any claim arising from or related to :
- Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
- Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
- Any breach of any of your representations, warranties, or covenants contained in this Agreement, including the Policies; or
- Any acts or omissions by you. The terms of this section shall survive any termination of this Agreement or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
B) You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
Customer represents and warrants:
- That Customer is not located in or a national of any country that is embargoed or restricted under export regulations or are otherwise a person or entity to which Website is legally prohibited from providing the Services.
- Customer will not possess, use, import, export or resell (and shall not permit the possession, use, importation, exportation, or resale of) the Services or any Information or technical data provided by Us under these Terms of Service or any Order or agreement in which they are incorporated in any manner which would cause Us to breach any applicable export control laws, rules, or regulations.
- Customer represents, and warrants without limitation, that it will not provide or facilitate administrative access to or permit use of the Services by any persons (including any natural person, government or private entity or other form of body corporate) that is located in or is a national of any country that is embargoed or highly restricted under applicable export laws, rules or regulations.
- DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
- Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Degloor, Maharashtra, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Degloor, Maharashtra, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
- OWNERSHIP AND INTELLECTUAL PROPERTY
The Parties agree that the Company shall have complete and sole ownership over the Services performed by him under this Agreement.
The Users are aware that the Company owns and retains all proprietary rights in the Website and Service, and in all content, trademarks, trade names, service marks, copyrights and other property rights related thereto. The Website and Service contain the copyrighted material, trademarks, and other proprietary information of the Company and its licensors, and the Users agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company, or if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices
- LIMITATION OF LIABILITY
- It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that SSD Web Solutions Pvt Ltd has no liability, of any sort, for content you or your customers access from the Internet.
- EXCEPT AS OTHERWISE PROVIDED IN AN APPLICABLE SERVICE LEVEL AGREEMENT, SSD WEB SOLUTIONS PVT LTD’S LIABILITY TO CUSTOMER SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
- SSD WEB SOLUTIONS PVT LTD WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, LOSS OF SEARCH ENGINE RANK, LOST OR DAMAGED DATA, AND LOSS OF BUSINESS OPPORTUNITY), HOWEVER CAUSED, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR SERVICE, OR IN ANY WAY CONNECTED TO THESE TERMS OF SALE, EVEN IF SSD WEB SOLUTIONS PVT LTD HAS BEEN ADVISED OF SUCH DAMAGES AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, INFRINGEMENT OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, CONTRIBUTION, OR OTHERWISE.
- We will not be held responsible for any: (i) force majeure events (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy.
- The Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere..
If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- NO PARTNERSHIP
Nothing herein contained shall be deemed or construed to create a partnership or joint venture between the Parties hereto. Nothing herein contained shall be deemed or construed as creating an agency relationship between the Company and the Users and neither party shall take any action which could reasonably lead a third party to assume that it has the authority to bind the other party or make commitments on such party’s behalf.
- ASSIGNMENT AND SUBCONTRACTING
This Agreement may not be assigned by either Party without the prior written consent of the other Party, except that Company may assign this Agreement to an affiliate or to a successor in connection with the merger, consolidation or sale of all or substantially all of Companys assets or that portion of its assets or business to which this Agreement relates, so long as the affiliate or successor assumes in writing the obligations of this Agreement. Any assignment or attempted assignment in violation of this provision shall be null.
- ANTI-SPAM POLICY
In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. Our messaging systems automatically scan all incoming email (and other) messages, and filter-out messages that appear to be spam.
- THIRD-PARTY BENEFICIARIES
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website, including but not limited to downloading content and availing its service partner’s service.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner.
- All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Content“), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for Your personal, non-commercial use.
- You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
- COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact Us at firstname.lastname@example.org. Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration, You represent and warrant:
- You own or otherwise have all necessary rights to the content You provide and the rights to use it as provided in this Agreement;
- all information You provide is true, accurate, current and complete, and does not violate this Agreement; and
- the information and Content shall not cause injury to any person or entity. Using a name other than Your own legal name is prohibited.
You authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website, and to use Your name and any other information in connection with its use of the material You provide. You also grant the right to use any material, information, contained in any communication You send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to You.
- We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
- The Website has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed.
- Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage You to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new Services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or the email address
- MISCELLANEOUS PROVISIONS:
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
25. Backup Policy:
Backups are not included as part of any service. Your use of the Services is at your sole risk. You can view our backup policy in detail here.