Terms of Use
1. Overview :
This Terms of Service Agreement (this “Agreement”) is entered into by and between “DigitalClouds IOT Private Limited” (hereinafter referred to as https://www.digitalclouds.in ) and “You”, is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of https://www.digitalclouds.in services (“Services”) purchased or accessed through the https://www.digitalclouds.in website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular services you purchase or access through https://www.digitalclouds.in .
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.
The DigitalClouds Terms of Use is a carefully drafted legal document that gives insights on all the things a customer should know while working with us. The terms of use covers various aspects of how operate and what are the important terms and conditions that a customer should be fully aware of. We often work with some third party vendors and it’s important for our customers to understand and accept that when they sign up with DigitalClouds they automatically need to abide by the terms of use of these third party vendors too.
The client thus approves DigitalClouds to show itself as the billing contact, specialized contact and name servers regarding Customer’s domain name and to take any activities DigitalClouds esteems suitable in those limits. In any, endless supply of the Service, DigitalClouds will promptly stop acting in those limits including exchanging recorders. After such time, DigitalClouds won’t be dependable to forward any notification, messages or other correspondence to Customer or to take some other activities regarding Customer’s domain name.
2. General Use of the Service :
Customer shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Customer agrees that Customer will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Website or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service.
The Service is offered to Customer conditioned upon Customer’s acceptance without modification of this Agreement. Customer acknowledges that, from time to time, it may be necessary for DigitalClouds to update or revise certain provisions of the Agreement. By signing up for any DigitalClouds Service and accepting this Agreement, Customer agrees that DigitalClouds may change the terms of the Agreement in its sole discretion without specific notice to Customer. If Customer does not agree to the changes proposed by DigitalClouds, or to any terms in this Agreement, Customer’s sole and exclusive remedy is to cancel Customer’s DigitalClouds Service (“Customer’s Account”). Notwithstanding the foregoing, DigitalClouds reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
3. DigitalClouds Update Request Services :
The number of updates and modifications carried out by the DigitalClouds team on behalf of the customers is limited by our Fair Usage Policy. The intent of DigitalClouds’s Fair Usage Policy is to provide the optimum service experience to all customers. Under the policy we have defined fair usage levels for the number of modifications and updates allowed.
Our Fair usage Policy is such that most customers will not be affected by it.
Abuse of the Fair Usage Policy is defined as: More than 3 update requests per website sent to the DigitalClouds team in any given month which can impair the experience of others. Over and above 3 update requests per website in a month will be charged.
4. Website Maintenance :
The Customer’s are expected to use DigitalClouds’s Content Management System ( CMS ) or the WordPress or other platform’s CMS where their site is built for updating content and images of their website. They can send out content-related updates to the DigitalClouds support team on a monthly basis if they need additional help. However, DigitalClouds prescribes and follows a fair usage policy while handling updates per month. The customer can request upto 3 content related updates per month under the same. DigitalClouds will support update requests from customers as long as their website subscription continues with us. Update requests do not include any image upload, design changes, layout creation, external software integrations, blog integrations etc. All of these will be charged additionally depending on the scope of work involved. DigitalClouds also holds the right to refuse any additional update requests made by the customer which goes beyond the fair usage policy.
5. Website Subscription Period :
DigitalClouds’s one year website subscription starts from the Date of sign up from the customer and continues for 12 months from that date. Date of Sign up is the date on which the customer releases the payment to DigitalClouds or the date of tax invoice raised on the customer by DigitalClouds whichever comes first.
6. Website Delivery :
The customer acknowledges that building the website is a collaborative effort and the customer is equally responsible for furnishing the information / approvals etc. needed within the time frame committed. When too many iterations are done the website delivery is bound to be delayed from the original plan. The customer will not hold DigitalClouds responsible for such delays.
7. Rules of Conduct :
You agree not to host, display, upload, modify, publish, transmit, update or share any information that —
i) belongs to another person and to which the user does not have any right to unless you have written consent from the owner of the copyrighted material;
ii) is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libelous, 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;
iii) harm minors in any way;
iv) infringes any patent, trademark, copyright or other proprietary rights;
v) violates any law for the time being in force;
vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii) impersonate another person;
viii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix) threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
Further, you acknowledge and agree that:
– Your use of this site and the services found at this site, including any content you submit, will comply with this agreement and all applicable local, state, national and international laws, rules, and regulations.
– You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.
– You will not use this site or the services found at this site in a manner (as determined by https://www.digitalclouds.in in its sole and absolute discretion) that:
• Is illegal, or promotes or encourages illegal activity;
• Promotes, encourages or engages in child pornography or the exploitation of children;
• Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
• Promotes, encourages or engages in any spam or other unsolicited bulk emails, or computer or network hacking or cracking;
• Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
• Interferes with the operation of this Site or the Services found at this Site;
• Contains false or deceptive language, or unsubstantiated or comparative claims, regarding https://www.digitalclouds.in or https://www.digitalclouds.in ’s Services.
– You agree to back-up all of your User Content so that you can access and use it when needed. https://www.digitalclouds.in does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
– You will not use this Site or the Services found at this Site, including any of https://www.digitalclouds.in ’s related technologies, for any commercial use without https://www.digitalclouds.in ’s express prior written consent.
x) Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any of our employees or support staff or its Authorised Users will result in immediate Account termination.
No refund will be processed if you violate any of the above “Rule of Conduct”.
8. Digital Marketing Services :
DigitalClouds doesn’t make any specific guarantee regarding the search engines to which it submits advertising on customer’s behalf, including placement of paid search advertising or any specific results. DigitalClouds does not guarantee the number of calls, clicks, impressions, or website visitors or that paid search advertising will appear in response to any particular query.
DigitalClouds does not guarantee the performance will be error-free but will immediately act to correct errors once they have been identified. DigitalClouds is not responsible for content/infographics posted by clients on their social media pages etc. DigitalClouds is not responsible for any fraudster/criminal activities conducted by its customer. If such activities or misconduct noticed by DigitalClouds, DigitalClouds has the right to stop the activities with immediate effect. If any payment of SEO activities are delayed the results promised would also get extended depending on current competition. There is no refund policy under Digital Marketing services. if the service is stopped in between the agreed time unless the promised deliverable will not be delivered under promised timelines. DigitalClouds is not responsible for results if client keep changing keywords on monthly basis.
9. Force Majeure:
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, Pandemic, labour disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
10. Privacy Policy:
The Customer agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Customer’s affiliation with any person or entity. Customer shall maintain a valid email address at all times. Customer shall be responsible for maintaining the confidentiality of Customer’s Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Customer shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify DigitalClouds for such actions.
Any information supplied by Customer upon opting for the Service and any other information about Customer and/or Customer’s business (collectively, “Customer Data”) is subject to DigitalClouds’s Privacy Policy. DigitalClouds will send Customer newsletters and email messages to inform Customer of new products, promotions, features and helpful tips for DigitalClouds services. DigitalClouds will also use email to inform Customer of important policy changes or subscription renewal notices.
11. Content Submission:
Although DigitalClouds firmly believes in the value of free and open dissemination and exchanges; however, it is under no obligation, but does reserve the right, to monitor, pre-screen, or otherwise remove any content stored in its servers if the content is against the public policy as the law of the land (India). Therefore, DigitalClouds cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Customer acknowledges that Customer should always use caution when posting any personally identifying information about Customer or Customer’s employees on the Service, the Customer Site, or any other user sites.
DigitalClouds does not control or monitor the Customer Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. DigitalClouds reserves the right, but is not obligated to review the Customer Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. DigitalClouds also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Customer Content in DigitalClouds’s sole discretion.
12. Third Party Content :
For Customer’s convenience, the Service may contain products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites (“Third Party Content”). Such Third Party Content is not under the control of DigitalClouds and DigitalClouds is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. DigitalClouds is under no obligation, but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the content provided by others. DigitalClouds is providing such Third Party Content to Customer only as a convenience, and the inclusion of such content does not imply endorsement by DigitalClouds of such content or the affiliate or advertiser. Customer may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. DigitalClouds does reserve the right to remove content that, in DigitalClouds’s judgment, does not meet its standards, but DigitalClouds is not responsible for any failure or delay in removing such material. DigitalClouds is not and will not be responsible for :
(i) the terms and conditions of any transaction between Customer and any third party.
(ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that Customer has a dispute with any such third party, Customer releases DigitalClouds (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
13. Internet Domain Names:
DigitalClouds has chosen independent Third Party Domain Name Vendors (“TPDNVs”) who are ICANN accredited registrars, to provide domain name registration services. Customer hereby authorizes DigitalClouds if requested, to transfer in or acquire Customer’s selected domain name from TPDNVs. In order to receive a domain name, Customer must agree and remain agreeable through the use of the Domain Name, to the TPDNVs’ terms of service which the TPDNVs may change at any time in their sole discretion to the TPDNVs’ terms of service. Customer understands that Customer is creating a separate contractual relationship between Customer and the TPDNVs, and that Customer, and not DigitalClouds, is responsible for all liability, and obligations in connection with that relationship.
If, after opting one or more domain names that are included with any DigitalClouds Service package, because of a customer’s incorrect registration of a domain name or otherwise, customer chooses to delete a previously opted domain name and subsequently opt one or more additional different Domain Names, Customer will be charged the resulting Domain Name registration fees.
Customer will be listed as the registrant and administrative contact in connection with Customer’s domain name; however, DigitalClouds may temporarily list itself as the registrant and administrative contact in the event that it changes to a different TPDNVs until the TPDNVs change is completed. Customer hereby authorizes DigitalClouds to list itself as the billing contact, technical contact and name servers in connection with Customer’s domain name and to take any actions DigitalClouds deems appropriate in those capacities. However, upon termination of the Service, DigitalClouds will immediately cease acting in those capacities including switching registrars. After such time, DigitalClouds will not be responsible to forward any notices, emails or other correspondence to Customer or to take any other actions in connection with Customer’s domain name.
14. Email Service:
All DigitalClouds accounts may have Email services provided by an independent Third Party Email Services Vendor (“TPESV”). DigitalClouds is not responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of their network or services. DigitalClouds is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Customer and the TPESV (“TPESV Dispute”). In the event of a the TPESV Dispute, Customer hereby releases DigitalClouds (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
15. Standard Clip-Art and Photos:
As part of the Service, DigitalClouds provides its Customers with standard clip-art and photos to corporate into their Customer Web Sites. In using the clip-art and photos, Customer is governed by an Image License Agreement with a Third Party Image Vendor (“TPIV”), the supplier of the clip-art and photos, which is incorporated into this Agreement. Customer understands that the Image License Agreement is a separate contractual relationship between Customer and the TPIV, and that Customer, and not DigitalClouds, is responsible for all liability, and obligations in connection with that relationship. DigitalClouds is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Customer and the TPIV (“TPIV Dispute”). In the event of a TPIV Dispute, Customer hereby releases DigitalClouds (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
16. DigitalClouds Proprietary Rights/Software Licenses:
Customer acknowledges and hereby agrees that the Service and any software used in connection with the Service (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Customer further acknowledges and agrees that content contained in sponsor advertisements or information presented to Customer through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.
DigitalClouds provides Customer with a non-exclusive, non-transferable, limited license to use the Software, which Customer agrees to use in accordance with this Agreement. Customer may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from DigitalClouds. The Software is owned by DigitalClouds and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of DigitalClouds and its suppliers and are protected by trade secret laws.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. CUSTOMER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
17. Copyright and Trademark Notices:
All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by DigitalClouds. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the DigitalClouds, and/or the Software, is permitted without the written permission of DigitalClouds. Any rights not expressly granted herein are reserved.
18. Charges and Billing :
DigitalClouds reserves the right to charge fees for the Service or any portion thereof, if Customer is required to pay a fee for all or any part of the Service for which Customer has chosen. Customer hereby authorizes DigitalClouds to charge Customer’s valid and current credit or debit card, if details are given, in advance for all applicable fees incurred by Customer in connection with Customer’s chosen package and Customer’s Account. Customer’s Service and Account will automatically renew at the end of each subscription period, unless the Service or Customer Account is terminated in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the Customer Account, these fees will be billed automatically to the Customer’s designated valid and current credit or debit card at the start of each renewal period, unless Customer terminates the Service before the relevant period begins. Customer’s subscription will automatically be renewed and billing will continue at the then-current prices for the Service. Customer further acknowledges that it is Customer’s responsibility to notify DigitalClouds of any changes to Customer’s credit card, billing address and to update Customer’s credit card number if Customer’s credit card has expired otherwise Customer’s access to the Service may be disconnected or interrupted. DigitalClouds shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment; or for free trial sites, the identity of the person registered for the trial period. Customer further acknowledges that it is Customer’s responsibility to notify DigitalClouds of any changes in his contact co- ordinates ie. phone number, email id, postal address
In case of payment through cheque/demand draft, the customer agrees to pay 60% of the package chosen in advance at the time of placing the order and the balance to be paid at the time of finalizing/confirming the design of the website created for the customer. Customer also agrees to pay any taxes, including sales or use taxes, resulting from Customer’s use of the Service. The payment is due on receipt of the invoice by the customer. The invoice shall be sent via email. Customer is responsible and liable for any fees, including attorney and collection fees, that DigitalClouds may incur in its efforts to collect any remaining balances due from Customer. This section shall in no way limit any other remedies available to DigitalClouds. Customer also acknowledges and agrees that Customer will be billed for and will pay any outstanding balances if Customer cancels Customer’s Account or Customer’s Account is terminated due to Customer’s breach of this Agreement. Customer must notify DigitalClouds of any billing problems or discrepancies within sixty (60) days after they first appear on Customer’s credit card account statement. If Customer does not notify DigitalClouds within sixty (60) days, Customer waives any right to dispute such problems or discrepancies.
In case of a cheque bounce, where a customer bounces a cheque issued in favour of “DigitalClouds IOT Private Limited”; we will levy a penalty charge of Rs. 600/- to such customers and will be obligated to proceed with legal action on non-payment of these penalty charges.
- DigitalClouds has the authority to pull the site down if the balance payment not received.
- DigitalClouds may show advertisements on any portion of the Service which it provides to Customers free of charge.
- The customer agrees and fully understands that the Terms of Use mentioned here in our website is applicable to them once they sign up for our service or make payment for our service.
19. Shipment and Delivery Policy:
DigitalClouds offers website services and other internet related solutions that are delivered online, we do not charge for the ‘shipments and delivery’ as the transfer and delivery is done online. The time of delivering a product varies on the product or service type and solely depends upon the co-ordination from the client. The ideal time for delivering a website is 10-15 working days and can extend if the client fails to co-ordinate. The other Internet services are subscription based and payments are collected in a cyclic fashion as and when the subscription expires.
20. Termination/Cancellation of Customer’s Website:
Either Customer or DigitalClouds may terminate or cancel Customer’s Account (or any part of the Service) at any time, but DigitalClouds will not refund any prepaid fees upon such termination or cancellation.
A. Termination by Customer: Customer may cancel your Customer Account or any part of the Service at any time. To cancel your Service, Customer must call +91 97315 03940 . Customer will receive a cancellation confirmation via email after DigitalClouds processes Customer’s cancellation request. DigitalClouds reserves the right to collect fees, surcharges or costs incurred before Customer cancels Customer’s Account in addition to the applicable cancellation fee(s).
Customer must provide us with the following information in order for us to process the cancellation:
— The exact name of the Service that Customer would like to cancel
— Customer’s username and password
— Customer’s email address
— Customer’s billing information, including the credit card number that the customer used when purchasing the Service
— Customer’s reason for cancelling the Service.
The user has the right to take static backup of the website.
21. Limitation of Liability:
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL DIGITALCLOUDS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF DIGITALCLOUDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO CUSTOMER. IN NO EVENT SHALL DIGITALCLOUDS’S AGGREGATE LIABILITY TO CUSTOMER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAYS TO DIGITALCLOUDS UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE
22. Indemnification:
Customer agrees to indemnify and hold DigitalClouds and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the “Indemnified Parties”) harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys’ fees), incurred by an Indemnified Party arising out of or related to,
(i) Customer’s breach of this Agreement;
(ii) any information (including but not limited to Customer Content and Customer’s publicly posted information) submitted, posted, or otherwise provided by Customer at the Customer Site and/or to DigitalClouds and/or its affiliates;
(iii) any dispute or litigation between an Indemnified Party and a third party caused by Customer’s actions; and
(iv) Customer’s negligence or violation or alleged violations of any rights of another;
(v) any third party claim against the Indemnified Party for: (1) personal injury or property damage to the extent such Liabilities arise out of or result from the negligence or other tortuous conduct of Customer; or (2) the breach of any representation or warranty made by Customer; or (3) any claim by a customer of Customer against any Indemnified Party to the extent such Liabilities arise out of or result from Customer’s business dealings with such Customer, including, without limitation the provision of any products or services to such Customer. These obligations will survive any termination of Customer’s relationship with DigitalClouds or Customer’s use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of DigitalClouds and/or its suppliers, affiliates, partners, subsidiaries and employees.
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