Terms And Conditions

In order to become a customer of IT Architects & Solutions, or a user of any or all IT Architects & Solutions including web design services, domain name registration, website hosting, graphic design and marketing, you must accept its terms and conditions. Please read the following statements carefully.

General

• IT Architects & Solutions reserves the rights to refuse service and/or access to its products and servers provided to anyone.
• IT Architects & Solutions reserves the right to suspend or cancel a customer’s access to any or all services provided by IT Architects & Solutions, When IT Architects & Solutions decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
• Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away IT Architects & Solutions to other parties at anytime.
• IT Architects & Solutions does not allow any of the following content to be stored on its servers:

A. Illicit or Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type inviolation of any Federal, State or Local law or regulation anywhere in the world.

B. Scripts – Any Script that creates a load on the server will be removed. IT Architects & Solutions reserves the right to remove such scripts without prior approval from the account holder.

C. Wares, including pirated software, ROMS, emulators, preaching, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to information about such material.

D. Pornography, adult material, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of IT Architects & Solutions.

Website Design & Support

• IT Architects & Solutions will provide two design concepts, and a slight variation of each concept through email based on the design brief you submit. Client can request a reasonable (approx 2-3 is normal) number of changes to thedesign template until the design is to your satisfaction in areasonable time frame.
• All IT Architects & Solutions developed website designs remain the property and copyright of IT Architects & Solutions.
• If you want to purchase the rights of a logo, it will need to be signed off before the website design is commenced.
• IT Architects & Solutions has a business hours help desk available by phone or email 10am-6pm IST. This service is provided to direct you to the correctinformation to resolve a single problem.
• Each website account is allocated the standard relevant bandwidthand disk space and any additional usage will be provided at anadditional cost. IT Architects & Solutions will monitor the usage of each accountand if it anticipates that your website may require morebandwidth/disk space your allocation will be increased. Please contactus for allocations and prices. When additional bandwidth/disk space ispurchased, the activation of the web space is provided as the websiterequires it up to the purchased amount. Although IT Architects & Solutions monitors thebandwidth disk space usage of the website of each account, IT Architects & Solutionsdoes not take responsibility for any website going offline due toexceeding bandwidth or disk space.

Domain Registration

IT Architects & Solutions does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

Taxes

IT Architects & Solutions shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the Customer using IT Architects & Solutions. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with any products sold by the IT Architects & Solutions.

Consulting Rates, and Other Expenses

IT Architects & Solutions will provide Services to the Customer and will be entitled to charge the Customer for such Services at the rates specified in the Schedule.

IT Architects & Solutions shall be entitled to provide the Services remotely from its own premises and will not be required to attend the Customer’s premises. If IT Architects & Solutions is required to attend the Customer’s premises for any reason pursuant to this Agreement, the Customer will reimburse IT Architects & Solutions for reasonable transport and/or accommodation expenses incurred by IT Architects & Solutions in doing so.However this does not include transport or accommodation expenses where the Customer’s premises are located within 25kms of Company Address.

The Customer authorizes IT Architects & Solutions to obtain access to the Customer’s computing facilities referred to in the Schedule (the “Facilities”) using the remote means of access referred to in the Schedule (“Means of Access”) and subject to any Restrictions on Access set out in the Schedule, for the purposes of providing the Customer with Services.

IT Architects & Solutions will not use the Means of Access (or any other methods of remote access) to access the Facilities for any purpose other than to provide the Services.However, IT Architects & Solutions shall be permitted to gain remote access to the Facilities for lawful purposes using any publicly available means (such as the World Wide Web), which do not require special authorization.

IT Architects & Solutions will take the following steps to ensure the security of the Facilities (insofar as the use of IT Architects & Solutions systems and the Means of Access are concerned):

• ensuring that no passwords are stored in easily recognizable form on IT Architects & Solutions own systems in circumstances where a breach of IT Architects & Solutions own internal security may reveal them;
• ensuringthat only those employees and contractors of IT Architects & Solutions who are required to access the Facilities using IT Architects & Solutionssystems and the Means of Access are able to do so;
• ensuringthat the Facilities are not capable of being accessed by asystem or user,which transits IT Architects & Solutions own systems, except aspermitted by thisAgreement.

The Customer indemnifies IT Architects & Solutions against any loss or damage arising directly or indirectly from any unauthorized use of the Facilities to which IT Architects & Solutions has been granted remote access, provided that such unauthorized use has not arisen as the result of any material breach by IT Architects & Solutions of its own obligations under Clause of this Agreement. The Customer will also reimburse IT Architects & Solutions for all expenses incurred by IT Architects & Solutions on the Customers behalf or in carrying out its obligations under this Agreement. The Customer will pay IT Architects & Solutions for the cost of any Products (including any licensing that IT Architects & Solutions is required to pay to obtain a sub-license in favor of the Customer for any third party software) together with IT Architects & Solutions own charge that it levies for handling and/or obtaining any relevant sub-licenses.

Cancellation & Refunds

• All deposits and fees paid to IT Architects & Solutions are non-refundable after a period of 30 days since the date of payment. Refunds under any condition will not be more than 60% + GST fee.
• Once the design of customer satisfaction is delivered by IT Architects & Solutions, all payments are to be paid in due time. No cancellations of order will be accepted and no refunds will be given. All charges for design services ordered must be paid for in full unless cancelled before delivery of the design brief.
• The usability, functionality and/or limitations of both the Web design and development are reason for not paying the balance of your website. If you require a particular functionality please notify us accordingly prior to signing the terms and conditions.
• Please contact our admin team for a cancellation form; this is required to cancel the account.
• If a customer contravenes the IT Architects & Solutions terms and conditions, the service will be terminated immediately with no refund.

Disclaimer

IT Architects & Solutions and its parents, subsidiaries, affiliates, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, interruption of business, loss of use or data, or for any direct or indirect, special, incidental or consequential damages of any character, even if IT Architects & Solutions is aware of the risk of such damages, that result in any way from the Customer’s use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.

• IT Architects & Solutions makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. IT Architects & Solutions also disclaims any warranty of any kind or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
• Use of any information obtained by way of IT Architects & Solutions is at the Customer’s own risk, and IT Architects & Solutions denies any responsibility for the accuracy or quality of information obtained through its services.
• IT Architects & Solutions expressly limits its damages to the Customer for any non-accessibility time to the pro-rata monthly charge during the system unavailability. IT Architects & Solutions specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Trademarks & Copyrights

The Customer warrants that it has the right to use the applicable trademarks, if any.

Hardware, equipment & software

The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access IT Architects & Solutions websites. IT Architects & Solutions makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the IT Architects & Solutions/products.

Limited Liability

• The Customer expressly agrees that use of IT Architects & Solutions websites and services is at the Customer’s sole risk. Neither IT Architects & Solutions, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the IT Architects & Solutions service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the IT Architects & Solutions servers, unless otherwise expressly stated in this Agreement.
• Under no circumstances, including negligence, shall IT Architects & Solutions, its employees, agents or anyone else involved in creating, developing or distributing IT Architects & Solutions be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the IT Architects & Solutions website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to IT Architects & Solutions records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on IT Architects & Solutions.
• Notwithstanding the above, the Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the aggregate Ruppees amount which the Customer paid during the term of this Agreement and any reasonable attorney’s fee and court costs.

Lawful Purpose

The Customer may only use IT Architects & Solutions servers or services for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

Indemnification

The Customer agrees that it shall defend, indemnify, save and hold IT Architects & Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys fees, (“Liabilities”) asserted against IT Architects & Solutions its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless IT Architects & Solutions against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with IT Architects & Solutions; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the IT Architects & Solutions Server.

Governing Laws

This agreement shall be governed in all respects by the laws of Dehradun India. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Dehradun India

Severability

Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

Contract Revisions

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of IT Architects & Solutions, services as specified in Section I. Financial Arrangements.

Transfer

• The Customer may not transfer this agreement without the written consent of IT Architects & Solutions.
• IT Architects & Solutions websites cannot be transferred away from IT Architects & Solutions servers. IT Architects & Solutions package websites will always remain property of IT Architects & Solutions until customer buys them in full cash advance. For more information, please contact us. Domain names will always remain the property of the Customer and IT Architects & Solutions will have no rights over them.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract are considered agreed by both parties upon renewal of services.

Payment of Invoices

IT Architects & Solutions will be entitled to invoice the Customer on an interim basis at least monthly for progress payments for any Services performed or Products supplied during the previous month (or during any earlier period which has not previously been invoiced) together with such expenses as the Customer is required to reimburse IT Architects & Solutions. Such invoices shall contain such information and detail as the Customer may reasonably require to permit the Customer to account for the Services and Products (for instance, by attaching copies of any time sheets) reasonably prescribed by the Customer.

Our Payment terms are as follows:

• 30% initial deposit required.
• 50% when the site is live on the testing server.
• The Balance, 20%, is to be paid 3 days before the final delivery. Once we have received the payment in full we will then launch your website to the world.

All invoices rendered by IT Architects & Solutions are payable within fourteen (14) days from the date of invoice. The Customer agrees to pay IT Architects & Solutions in full within this time period.

If the Customer fails to pay any invoice by the due date for payment, then without prejudice to IT Architects & Solutions rights under this Agreement, the Customer shall also pay IT Architects & Solutions interest on the outstanding amount at the rate of 2% per month.