TERMS AND CONDITIONS

RK INFOMART

TERMS AND CONDITIONS (For Indian Clients Only) Home | Previous Page | Terms & Conditions (For Australian Clients)

1. Provision of Services
1.1 This and the following clauses are the General terms and conditions on which those services are supplied and together with the contract or as agreed.

2. Costs and Payments
2.1 You must pay all charges as set out in the contract or as agreed. As prices quoted on RK Infomart Design material may change at any time without notice, please check the price on your contract or agreement before confirmation. Failure to make payments on assigned date can result in Rs 1000 per day and if payment arrangements are not made, RK Infomart reserves the right to take further actions Ex: Debt Collectors, Solicitors etc.

2.2 You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions.

2.3 You will be invoiced as agreed in your contract or as agreement .All accounts are payable before delivery of final artwork or uploading of final files to live sites or agreed payment conditions.

2.4 You must pay RK Infomart charges without any set off, counter claim or deduction unless agreed in writing between two parties.

2.5 RK Infomart reserves the right to prioritize early paying clients and to charge urgency fees for turnaround within 3 working days.

2.6 Agreed Costing is conditional on your supplying data required for a Website Stage or completion deadline agreed within 10 working days of confirmation of Order. RK Infomart reserves the right to revise costing if that condition is not met in line with charges applying at the relevant time.

2.7 No final artwork or files will be delivered until final invoices are paid in full. Payment by cheque will entail waiting for clearance before supply of files. Delivery being. Supply of final artwork digital files to printer, on disk, via email or uploaded to nominated ISP. Construction files remain the property of RK Infomart unless arranged otherwise.

2.8 Any amendments after completion of website/ Project will incur further charges.

2.9 If client want to discontinue the hosting service with RK Infomart, client have to pay access of Rs 40,000 to Host website on other server.

3. Limitation of Liability
3.1 All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by RK Infomart not contained in the Agreement are excluded and RK Infomart WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.

3.2 Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of RK Infomart relationship with you, or otherwise gives you a particular remedy against RK Infomart and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between RK Infomart and you. However, RK Infomart’s liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at RK Infomart’s option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.

3.3 You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.

4. Suspension of Services
4.1 RK Infomart reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.

4.2 RK Infomart may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of RK Infomart.

5. Termination
5.1 RK Infomart may discontinue services if an amount payable to RK Infomart Design is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.

6. Contents of Web Pages and Undertakings
6.1 You will be solely responsible for the content of your Web Page/undertakings. RK Infomart is not responsible for proofreading any content unless specifically agreed.

6.2 RK Infomart makes no representations to you concerning the content or functionality of your Web Site. This is your responsibility to ensure that it meets your requirements.

6.3 If you provide RK Infomart with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify RK Infomart against any action taken against RK Infomart by any such third party.

6.4 Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libellous, abusive, obscene material or disparage the products or services of any third party.

6.5 RK Infomart for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.

6.6 You are solely responsible for dealing with persons who access your data or webpage and warrant that you will not refer complaints or inquiries in relation to such data to us.

7. Technical Support, Changes and Maintenance
7.1 Technical assistance for minor issues can be resolved via telephone however RK Infomart should also receive an email if queries are taking more than 15 minutes to deal with.

7.2 If RK Infomart cannot provide over the phone assistance please forward an email in regards to your concerns, so that the problems can be resolved.

8. Web Hosting
8.1 If you choose to organise your web hosting arrangements yourself, final exported sites will be uploaded to your preferred host company or supplied on disk to you at the cost set out between two parties. Construction files of the site can be supplied on request at a set price agreement between two parties.

8.2 Please note that RK Infomart accepts no responsibility for delays or down time, breakdowns or data loss caused by Internet Service Providers (ISPs)

8.3 RK Infomart not liable for renew of Domain names. If the domain names are already registered with another registrar/company/firm or any other Service Providers.

9. Dispute Resolution
9.1 The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours to:

      1. Clearly communicate in writing via emails, the background facts leading to or causing the dispute
      2. Set out clearly what action is required to settle the dispute.
      3. Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
      4. Discuss specific means of avoiding such disputes in the future

9.2 Attempts to resolve the dispute must follow the following procedure:

     a) The person complaining shall set out in writing the background, the issues and the outcome desired.
     b) The person to whom the complaint is addressed will reply in writing within 10 business days to each issue in dispute setting out its perspective on the issue and the
         outcome desired.
    c) If the dispute is not resolved in accordance with this exchange of written issues and outcomes, then the complainant will raise the matter with a neutral professional
        adviser or Alternative Dispute Resolution (ADR) provider listed in a relevant publication of the Department of Workplace Relations and Small Business or similar
        government department within 10 business days.
    d) If the dispute is not resolved in accordance with such reference, the matter shall be referred to a single agreed arbitrator within 10 business days; whose decision shall be
        final.
    e) In the case of disagreement on the appointment of a single arbitrator, then the parties shall be entitled to nominate one independent arbitrator with 7 days of disagreement
        and a coin will be tossed by an independent person to decide which will act as arbitrator of the dispute.
    f) Action taken to settle the dispute at each stage must be undertaken promptly and the parties shall equally share the costs associated with the dispute settlement
        procedure.

10. Intellectual Property
10.1 All creation files remain the property of RK Infomart.

10.2 RK Infomart retains the Copyright in and the right to use all artwork created in advancing the profile of RK Infomart and to be recognized for artwork created by RK Infomart.

10.3 RK Infomart shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, RK Infomart shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.

10.4 RK Infomart observes Privacy Laws and Guidelines relating to personal data.

11. General
11.1 If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.

11.2 Written communications between us may take the form of letters, formal documents, faxes or emails.

11.3 RK Infomart may require a personal guarantee from the director of a company in cases where files/artwork is required before payment.

11.4 Business hours are 9am to 5pm (Monday to Friday), further charges will apply if work is done on Saturday and Sunday.

11.5 RK Infomart reserves the right to disconnected the WEB HOSTING service, If Renewable payment is not paid before due date.

11.6 If client decide to cancel Hosting with RK Infomart, RK Infomart reserves the right to withhold client website for Portfolio purposes

The customer also agrees that RK Infomart holds no responsibility for any amendments made by any third party, before or after a design is published .RK Infomart expects the Client to perform researching on their company name to be sure the name is not already in use and securing a trademark or service mark to protect the Client's legal rights to any name or image. RK Infomart is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.

                                                 *Terms and conditions are subject to change at any time without notice. This does not affect your statutory rights*

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