This Terms of Service document (this "Agreement") constitutes a legally binding contract between vSplash Techlabs Pvt. Ltd. and the person or organization (the "Client") who submits an order for services or who pays for services from (the "Client"). vSplash may change this Agreement at any time by posting a revised version of the Agreement on its website and such change will be effective at any time after the Client is advised of the change and continues to use or pay for the Services. 1. Services vSplash will provide the Services ordered by the Client, subject to all of the terms, conditions and limitations applicable to the Services set forth on the vSplash website. The Client will pay for the Services at the price indicated in the order. vSplash may change the prices for the Services at any time and any such change in prices will be effective thirty (30) days after vSplash posts the change on its website. All fees collected under this Agreement are fully earned when due and nonrefundable when paid. All fees due under this Agreement must be paid in Indian Rupees via Credit card, Net Banking, Debit card or other payment method acceptable to vSplash. Client agrees to provide its accurate name, mailing address, telephone and other contact information in Client's profile and to update such contact details as they may change. 2. Acceptable Use The Client may use the Services only in accordance with this Agreement, applicable laws in the India and the applicable laws of any other jurisdiction. Client agrees not to use the Services in any manner that violates the vSplash Acceptable Use Policy. In addition, the Client agrees that it will not use the Services to:
3. No Guarantee of Results The Client acknowledges that vSplash does not guarantee, imply, or predict any type of profit or response from the Services. The Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Services resulting from conditions of events outside the reasonable control of vSplash and for which vSplash will bear no responsibility. The Client irrevocably covenants, promises and agrees to indemnify vSplash and its assigns and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that they may sustain or to which they may become subject arising out of or relating in any way to the use of the Services, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against any such claims or enforcing the prerogatives of vSplash under this Agreement. 4. Use of Client Data Client agrees that vSplash may use data collected from the Client only as permitted by the vSplash Privacy Policy and vSplash agrees to use such data only as permitted by such Privacy Policy, the terms of which are incorporated herein by this reference as if fully stated herein. 5. Description of Services The Services may include any one or more of the following elements, depending upon the package and options selected by the Client during the ordering process:
Certain of these Services may include additional third-party products or services that require the Client to accept the terms and conditions of the third party or to pay additional fees to such third party. Client agrees that it is wholly responsible for any such third party terms and conditions and third party fees. 6. Pricing and Taxes All pricing mentioned on vSplash website and vSplash product micro sites are inclusive of Service taxes. Any additional services or features, not mentioned in the feature list, will be chargeable and may vary based on the requirements. 7. Invoice, Billing & Refund Policy Digital format of the invoice will be sent through email and client needs to click on the payment link to make payments through any one of the payments method accepted by vSplash. The Services will commence on the date Client's order is accepted by vSplash (the "Effective Date") and will continue on the basis of successive billing periods of 30 days (with the first day of each billing period being a "Billing Date") thereafter until terminated by either party. On 23rd day of the concurrent billing cycle vSplash will send the electronic invoice through email and the Client needs to pay on or before teach Billing date for the billing period beginning on that date. vSplash may suspend all or any portion of the Services at any time when fees are due and unpaid. Any fees due under this Agreement are net of any sales or use taxes, all of which are the sole responsibility of Client. Clients who purchase Services with an annual billing arrangement may receive a refund for terminating the Services in the following circumstances:
Please note: Clients who are subscribed to monthly packages, will not be entitled to a refund. 8. Termination of Services Client may terminate this Agreement at any time by giving vSplash notice at least ten (10) days prior to the next Billing Date. vSplash may also terminate this Agreement at any time by giving Client at least thirty (30) days prior notice. In addition, vSplash may terminate this Agreement immediately and without prior notice if Client is in breach of this Agreement. Following termination the Client will have no right to use or access the Services. In its discretion, vSplash may permit a Client to recover data from the Services following termination after payment of additional fees. 9. Notice vSplash may give notice to Client of any matter under this Agreement (a) orally, by calling Client's representative or by leaving a voicemail for Client's representative at the telephone number in Client's profile, (b) by email to the email address provided by Client in Client's profile, or (c) by regular mail to Client's mailing address in Client's profile. Client may give notice to vSplash by regular or certified mail to the following address: vSplash Techlabs Pvt. Ltd. 8-2-608/18 Road # 10, Banjara Hills, Hyderabad -500034 Attn: Legal Department Provided, however, that Client may give notice of termination by calling vSplash at +91-40-66614777. 10. Miscellaneous
If you have any questions concerning these terms, please contact us at sales@vsplash.com |
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