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IMEDIA SOLUTIONS - Terms & Conditions

1. By virtue of signature, the Customer hereby irrevocably authorizes iMedia Solutions (“the Company”) and the Company hereby undertakes to create, design and host website (“the Service”) for and on behalf of the Customer in accordance with the instructions and order placed by the Customer.
2. The Company will provide the Service based on the information and instructions provided by the Customer.
3. iMedia Solutions shall commence its performance of this Contract only after realization of the cheque / Demand Draft provided towards the consideration. In the event of dishonor of cheque / Demand Draft, iMedia Solutions reserves the right to charge the Customer towards bank charges and administrative charges.
4. The Customer authorizes the Company to contact it, from time to time, by telephone or otherwise so as to verify its information in Company’s database and also for obtaining additional information relating to its products / services etc.
5. The Customer also authorizes the Company to keep it informed periodically about its business including new / existing products through telephone, email, SMS etc.
6. iMedia Solutions shall not be liable to the Customer save as expressly provided for in these terms and conditions and shall have no other obligations, duties or liabilities whatsoever in contract, tort or otherwise. To the maximum extent permitted by law, iMedia Solutions hereby disclaims all warranties, terms and conditions with regard to the information, products and services including all implied warranties, terms and conditions by statute, collaterally or otherwise of satisfactory quality, fitness for a particular purpose and title. iMedia Solutions shall in no event, be liable for any loss of profit, loss of opportunities, loss of business, loss of revenue, indirect, incidental, special or consequential loss arising out of, or in any way connected with the use of the website or with the delay or inability to provide the contracted service. In no event will iMedia Solutions liability in connection with the services, any software, application, utility Etc… provided hereunder, or this agreement, whether caused by failure to deliver, non-performance, defects, breach of warranty or otherwise, exceed the aggregate amount paid by the Customer as consideration for this contract.

7. Disclaimer
a) iMedia Solutions shall not be responsible for any errors in design due to incorrect details furnished by the Customer.
b) The sales / authorized representative does not have the authority either by words, written or oral or by conduct to do any of the following acts and such acts if done shall not bind iMedia Solutions in the execution of the contract. The Customer shall in this regard solicit the advice in writing of the iMedia Solutions personnel not below the rank of a branch.
8. iMedia Solutions reserves the right to terminate the Contract at its option.
9. The Customer shall indemnify and keep iMedia Solutions and its Owners and officers indemnified in respect of all expenses, loss or damages (pecuniary or otherwise) which may be suffered by it / them against any claims made by third party arising out of providing the service for any reason including infringement of any Intellectual Property Rights.
10. iMedia Solutions decision on the scope of the contract and interpretation thereof shall be final and binding on the Customer.
11. Any dispute arising out of this Contract between the Company and the Customers, Vendors, Suppliers, Service Providers or Freelancers shall be subject to exclusive jurisdiction of Courts at Pune only.
12. Force majeure – iMedia Solutions shall not be liable to Customers, Vendors, Suppliers, Service Providers or Freelancers in respect of any delay in performance of this Contract or breach of terms and conditions due to any event or circumstances beyond iMedia Solutions reasonable control.
13. Entire agreement: The terms and conditions of this agreement supersede all former oral or written understandings / agreements/ representations between the parties and shall constitute the entire agreement between the parties with respect to the subject matter of this Contract. There are no understandings and representations, express or implied not expressly set forth in this Contract. The Contract shall not be modified or amended except by writing signed by the party to be charged, and no changes or additions shall bind iMedia Solutions unless signed by it through an employee of not below the Proprietor rank.
14. The contract shall also be subject to the Website Use Policy as specified below.

Website Use Policy
1. Scope. This Policy (this "Policy") governs the usage of iMedia Solutions (“Company”) product,
“Website” (the "Services"). This Policy is incorporated by reference into each contract Company enters into with a customer (each, a "Customer") for the use of such Services. Company may modify this Policy at any time without notice. In addition, this Policy is incorporated by reference into the Terms and Conditions applicable to Company's Web site so that no person who utilizes Company's Web site (regardless of whether that person is a Customer) may take any action utilizing Company's Web site that a Customer would be prohibited to take utilizing the Services.
2. Purpose . The purpose of this Policy is to enhance the quality of the Services and to protect Company's customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from Company (each such person being a "User"). Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
3. Prohibited Uses . Users may not:
a. Utilize the Services to send mass unsolicited e-mail to third parties. Provided, however, that Users may use software programs or services provided by Company to send unsolicited commercial e-mail so long as the User ensures that such transmissions comply with all applicable regulations, rules and laws for the time being in force in India or outside.
b. Utilize the Services in connection with any illegal activity. Without limiting the general
application of this rule, Users may not:
i. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
ii. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
iii. Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
iv. Utilize the Services to export encryption software in violation of applicable export control laws in India or outside; or
c. Utilize the Services in any manner that violates applicable law Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
i. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person.
ii. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
d. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
i. Utilize the Services to cause denial of service attacks against Company or other network hosts or Internet users or to otherwise degrade or impair the operation of Company’s servers and facilities or the servers and facilities of other network hosts or Internet users;
ii. Post messages or software programs that consume excessive CPU time or storage space;
iii. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User’s own account;
iv. Utilize the Services to resell access to CGI scripts installed on Company’s servers;
v. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Company systems, facilities or equipment;
vi. Utilize the Services to gain unauthorized access to the computer networks of Company or any other person;
vii. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
viii. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
ix. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
x. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
xi. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
xii. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
xiii. Utilize the Services in any manner that might subject Company to unfavorable regulatory action, subject Company to any liability for any reason, or adversely affect Company’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Company in its sole discretion;
xiv. Use any third party software that impairs, disrupts, destroys, or otherwise damages or has
xv. potential to damage Company’s servers and facilities or the servers and facilities of other network hosts or Internet users; or xv. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
4. Violations.
a. Disclaimer. Company expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Company has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
b. Reporting Non-Copyright Violations. Company encourages Users to report violations of this policy by e-mail to: info @ imediasolutions.in , including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
c. Reporting Copyright Violations. Company encourages Users to report an alleged IPR
infringement involving a user by sending a notice to info @ imediasolutions.in
d. d. Company reserves the right to suspend or terminate any customer pursuant to any valid complaint. Furthermore, Company, in its sole discretion, may suspend or terminate without notice; any User that Company determines is a repeat IPR infringer.
e. e. Remedies. If Company learns of a violation of this Policy, Company will respond to the applicable Customer and may, in Company’s sole discretion, take any of the following actions, in accordance with the severity and duration of the violation :
i. Warning the Customer;
ii. Suspending the offending Customer from the Services;
iii. Terminating the offending Customer from the Services;
iv. Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
v. Removing the offending content or service; and
vi. Taking other action in accordance with this Policy, the applicable service contract or applicable law.
5. Reservation of Rights. Company reserves the right to cooperate with appropriate legal
authorities in investigations of claims of illegal activity involving Company’s Services, Customers and other Users. Company reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Company may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Company is authorized to monitor its communications through Company's network for such purposes.

15. Obligations Of The Registrant
1 The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Order in the OrderBox Database during the term of the Order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant's failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order in the OrderBox database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.

 

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IMEDIA SOLUTIONS

B-58, Ashok Vijay Complex, 326, M.G. Road, Camp, Pune-411001, Maharashtra, India.

Phone

+91-9890 6262 86, +91 9823 400 144

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Website

http://www.imediasolutions.in