Terms and Conditions - User Privacy | IT Company

Terms and Conditions

Since The following are the Terms and Conditions for the use of IT Company Products and/or Services (“IT Company Products and/or Services” or “the Products” or “the Services”) by the User (“User” or “Users”). Any User accessing and using the Products or availing the Services and/or any part thereof shall invariably be bound by these Terms and Conditions. These Terms and Conditions are valid, binding and enforceable for all persons that access the IT Company website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions, then you may not use the IT Company website. The reasonable use of the IT Company website shall automatically bind the Users to this agreement.

Our Services

The Services offered by IT Company also consist of, but not limited to, the following: Domain Registration, World wide web hosting, SMS Core Messaging Platform Access, Data Encryption, Data Transmission, Data Access, and Data Storage, WAN Solutions, Website Templates, Multimedia Presentation, Interactive CD, Multimedia Marketing, Internet Marketing, Search Engine Optimization, Software development and wherever applicable, the Synchronization Software.
IT Company offers only some of its Services free of cost while others are offered at a price. Most of the price details are mentioned prominently on our web site. IT Company offers Application Programming Interface (API), Software Development Kit (SDK), Tools like HTTP/S, XML, SMTP and/or COM Object Tool and/or SMPP Protocol to connect to IT Company Core Messaging Platform. These provide an easy, efficient, and flexible option to integrate with the User’s website/application, facilitating auto-generated SMS Text messages to be delivered to the intended recipients’ mobile phones. IT Company charges a one-time setup fee for activating such connectivity.
IT Company also provides World Wide Web Site hosting & Data storage facility. IT Company reserves the right to terminate or interrupt any account in part or in full without refund for violation of these Terms of Services. In all but the most extreme or serious cases, good faith attempts will be made to resolve an issue without interruption of service. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at IT Company’s sole discretion.
The Products and/or Services are “AS IS” and are subject to the disclaimers of warranty and the limitations of liability as found in this agreement and which are subject to testing by the Users before entering into this agreement.
IT Company reserves the right to change or terminate the Services and/ or alter the Terms and Conditions of this Agreement at any time with/without notice and/or with immediate effect.

User Obligation and Duties

IT Company expressly prohibits any unauthorized commercial use of the Services. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through IT Company.
IT Company provides by way of example, and not as a limitation, the stipulation that the Users agree not to, directly or indirectly:

  • Reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the Services;

  • Modify, translate, or create distinctive and derivative works based on the Services; Copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the Services;

  • Use Services for timesharing or to the benefit of a third party;

  • Remove any proprietary notices or label(s) that identify IT Company Services.

  • Use the Services in any way connected to any chain letters, junk sms text messages, spam or any unsolicited messages (commercial or otherwise);

  • Harvest or otherwise collect, information about other Users, including email addresses, without obtaining their consent;

  • Transmit any unlawful, harassing, libelous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature;

  • Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity;

  • Defames or slanders any person, or try to infringe upon any person’s privacy rights;

  • Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;

  • Interfere with or disrupt the networks connected to IT Company or violate the regulations, policies or procedures of such networks;

  • Attempt to gain unauthorized access to the Products and/or Services or to other accounts, computer systems or networks connected to IT Company; interfere with another User’s peaceful use and enjoyment of the Products and/or Services; or Engage in any other activity that IT Company could believe may subject it to criminal liability or civil penalty or judgment.

IT Company does not allow any of the following content to be stored on its servers:

  • Illegal Material – This includes copyrighted works, and any material in violation of any Federal or Provincial regulation.

  • Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of IT Company.

  • Pirated software – pirated software, cracking/hacking tools – includes software/techniques used to crack or hack any software network.

  • Other – Web sites that contain material that is intentionally offensive to racial minorities are not permitted. Sites that are found to contain such offensive content will be closed.

Termination, Cancellation, and/or Suspension of User Account

IT Company continually makes efforts to improve all of its existing Products and/or Services, apart from adding new ones, resulting in frequent updates or modifications. Such changes often dictate that we simultaneously modify our Terms and Conditions. Hence, IT Company shall have the right to modify any or all the terms of this Agreement and to change or drop any aspect or feature of the IT Company Products and/or Services, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change or deletion. Any use by the Users of the Products and/or Services after any such change has been posted, shall be construed as the acceptance of the change. If the User is not agreeable to any such change, the relevant Product and/or Services or the User account, may be cancelled in accordance with the procedures for cancellation set forth in this Agreement. The Users acknowledge their responsibility to read and review this Agreement from time to time and also to be aware of any such changes.
This Agreement and the User account can be terminated, canceled and/or suspended by IT Company at any time if, in IT Company’s sole discretion, the User has breached the Terms of this Agreement. Such termination, cancellation and/or suspension by IT Company shall come into effect immediately after giving notice by IT Company to the Users in any reasonable manner, including but not limited to, notification by email/sms. In addition, IT Company has the right to recover any and all damages from the Users arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. IT Company reserves the right to suspend the User’s account at any stage for any reason that it may deem necessary in order to continue to provide any of its Products and or Services in a way that may be hindered by the User’s status as being a IT Company User, or the financial status of the User or the content of the messages originating from the User.
In the event that IT Company has cause to receive complaints from recipients or third parties with respect to the use of the Products and/or Services, IT Company additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other related party with regard to its Users.
The User has the right and is free to terminate or cancel this Agreement and his/her IT Company account at any time and for any reason. The User only has to intimate IT Company by sending an email of this intention. However, it is to be noted clearly that any sum or pre-paid credit amount remaining pending at the time of cancellation of this Agreement shall not be repaid to the User.
Upon the termination, cancellation and/or suspension of this Agreement, the Users remains responsible for any obligations that have been accrued including, but not limited to, payment of any costs or charges, including legal obligation that may be arising in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using IT Company Products and/or Services and removes all the IT Company software and applications on any computer, database, and server (local or remote) in its possession or under its control. IT Company shall have no obligation whatsoever to the User after the termination or cancellation of this Agreement.

Warranties and Liabilities

While it is to be understood that IT Company shall make all efforts to ensure that the Products and/or Services are reasonably available, through the required access protocols, and shall endeavor to maintain connections to as many Aggregators, Gateways and Carriers as are, in its discretion, commercially viable, the User acknowledges that IT Company cannot guarantee the availability of the Products and/or Services at all times and all locations.
The User expressly acknowledges and agrees that the use of the Products and/or Services is generally at its own risk and that IT Company Products and/or Services are being provided “AS IS” and “AS AVAILABLE” without any warranties or conditions whatsoever, express, or implied.
IT Company does not make any warranties or representations that the IT Company website shall be available at all times. Users acknowledge that the IT Company website may be unavailable due to updates or other causes beyond the reasonable control of IT Company, including, but not limited to virus infection, unauthorized access (hacking), power failure or other “acts of God”.
IT Company cannot and will not be held liable for any problem incurred while any service with IT Company. By service with IT Company, you assume any and all risk for possible downtime and other server/connection related problems. If you are not willing to assume this risk, you should not host or work with IT Company.
While IT Company makes every possible attempt to maintain the highest possible level of uptime & covering all expects, and in providing the services whatever service it is, delay is possible if we are dealing with any development, IT Company will not under any circumstances make any expressed or implied guarantee for any specific level of uptime.
Though IT Company shall take all reasonable caution about the quality and accuracy of content available from the IT Company website, IT Company does not make any warranties or representation that the content available shall in all cases be true, correct or free from any errors.
The information, ideas and opinions expressed on the IT Company website should not be regarded as professional advice or the official opinion of IT Company, and Users are strongly encouraged to consult professionals before taking on any course of action that is related to the information, ideas or opinions expressed on the IT Company website.
IT Company is under no legal duty to encrypt any of the content or communications from and to Users and is also under no legal duty to provide the digital authentication of any pages on the IT Company website.
IT Company (which also includes its owners, employees, suppliers, services providers, partners, licensors, affiliates and agents) shall in no event be held liable to the Users or anyone else, for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by the failures, delays or interruptions of the Products and/or Services generally, and any aspect ancillary thereto; the User agrees to indemnify IT Company for any and all third party claims arising from any such or of the failures, delays or interruptions in connection with regard to use of the Products and/or Services.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements and representations relating in any way to the services provided by IT Company. Without limiting this, IT Company will not be liable 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 in respect of any services provided by IT Company

Payments, Fees and Applicable Taxes

By purchasing our Services, you agree to provide accurate payment information and adhere to our automatic renewal terms. Automatic payments require a primary payment method, with an option to add a backup payment method for uninterrupted service.
You are responsible for all prices and fees associated with purchased Services. Prices and fees are non-refundable unless stated otherwise in our Refund Policy. We reserve the right to modify prices and fees, effective immediately upon posting online.
The IT Company reserves the right to collect and impose applicable taxes, including but not limited to Value Added Tax (VAT), Goods and Services Tax (GST), or other localized fees and taxes, as required by relevant jurisdictions. Customers are responsible for paying all such taxes imposed on their purchases of products or services from the IT Company.

LICENSING TERMS

The invoices are exclusive of taxes, any tax applicaple shall be added to total amount
The licensing fees may denominated in United States Dollars (USD), and as such, the pricing is subject to fluctuations based on the prevailing exchange rate of the United States Dollar.
Upon issuance of the license, a three-day grace period shall be afforded during which the license may be canceled. Following the expiration of this grace period, no cancellations shall be permitted.
In the event of cancellation within the three-day grace period, charges equivalent to three days' worth of fees shall be applicable.
Cancellation requests must be submitted in writing to the licensor within the stipulated three-day period.
All licenses granted herein shall be deemed to automatically renew upon the expiration of their respective terms unless either party provides written notice of non-renewal at least three (3) business days prior to the renewal date.
The customer acknowledges and agrees that, in the absence of timely written notice of non-renewal, the licenses shall automatically renew, and the customer shall be obligated to pay the renewal fees specified in the agreement.
The customer expressly understands that, following the automatic renewal, no cancellations or terminations of the renewed licenses shall be permissible, and the customer shall be liable for the full payment of the renewal amount.