Groweon Digital Private Limited a Company incorporated under the provisions of the Companies Act
1956 ("Groweon Digital Private Limited") have agreed to host the website(s)/ providing
Application Services and Server Space to the customer under the following terms and
conditions.
1. Warranty: Groweon Digital Private Limited will provide such warranty/
performance guarantee as has been provided by Amazon Web Services.
2. Contracting a Server: Groweon Digital Private Limited will require a minimum
time of 3 working days to provide for the server space, once the order has been accepted and
payment has been realized. During the set up period Groweon Digital Private Limited will not be
responsible for any inconvenience/ losses caused due to any delay in contracting such server
space or services to the customer.
3. Software License and Rights: Operating System, Web Server, Software license
and application Licenses granted during the contract period is non-transferable, non-exclusive
license, to use the software in object code form only, for its internal needs, to be used solely
on the hardware provided and solely in conjunction with the services. The client shall not make
copies of software, de-compile, disassemble, modify or otherwise attempt to derive source code
from the software, sell, lease, license, transfer, give possession of, or sub-license the
software or the documentation to others, write to develop any derivative of other software
programs based in the whole or in part, upon the software or any confidential
information.
4. Regulatory Compliance Disclaimer: Groweon Digital Private Limited
specifically submits that it is the sole responsibility of the buyer and supplier of the
merchandise who's sale and purchase is regulated by the government regulations as per law.
Groweon Digital Private Limited is not at all responsible in any manner whatsoever for any
deviation and/or non compliance of such rules, regulations as well as law. Non adherence,
violation or any other deviation by either the buyer or the supplier of such regulated goods and
services shall have no bearing on Groweon Digital Private Limited.
5. Services: Groweon Digital Private Limited support team will provide the
necessary support and services and you can contact us by email to info@Groweon Digital Private
Limited.com which will be promptly attended by the support team. Our support timings are 9.30AM
to 5.30PM IST, Monday through Saturdays (excluding public and other listed holidays)
6. Price Change: Prices are subject to change without any prior notice,
depending upon the pricing policies of Groweon Digital Private Limited, Amazon Web Services,
Foreign exchange rate fluctuation levels etc.
7. Maintenance and Support: Groweon Digital Private Limited shall provide
Customer with maintenance and support service for the server, if such service are specified in
the purchase order and are paid for. Maintenance and support service shall not include services
for problems arising out of improper use of the applications or incompatible browser(s) or
problems pertaining to Internet access or others not covered in this agreement.
8. Terms of Termination: These terms of services shall commence on the
effective date of release of the server space and application services and continue until
terminated in accordance with this agreement. The term of Service Purchase order can be renewed
6 weeks prior to the end of the contract period along with the renewal charges.
Groweon Digital Private Limited may immediately terminate the agreement and any or all service
purchase orders at its sole discretion, if customer fails to pay the renewal charges within 6
weeks prior to the expiry of the "paid for period". Notwithstanding termination of these terms
of services, Groweon Digital Private Limited shall be entitled to claim payment in full of all
amounts that may be due to it from the client. The term of any license granted hereunder shall
expire upon expiration or termination of these terms of services.
9. Confidentiality: Confidentiality information shall mean all information
identified by a party (Disclosing Party) to the other party (Receiving Party) which of in
writing labeled as confidential. Confidential information shall remain the sole property of the
Disclosing Party. Except for the specific rights granted by these terms of services, the
receiving party shall not use any confidential information of disclosing party for its own
benefit or the benefit of others. Receiving party shall not use any confidential information to
any third party without the written consent of Disclosing Party (except to consultants who are
bound by written agreements with receiving party to maintain confidentiality)
Confidential information shall exclude information (1) available to the public other than by a
breach of this agreement, (2) rightfully received from a third party not in breach of an
obligation of confidentiality (3) independently developed by the receiving party without access
to confidential information (4) known to receiving party at he time of disclosure (5) produced
in compliance with a court order. Receiving party shall give reasonable notice to the disclosing
party that confidential information is being sought by third person, so as to afford an
opportunity to limit or prevail such disclosure. Receiving party agrees to cease using all
confidential information and to promptly return such confidential information to disclosing
party upon request.
10. Limitation of Liability: Groweon Digital Private Limited. liability for any
claim arising out of or relating to these terms of services or the provision of any service
under service order shall be limited to the amount of fees paid by client to Groweon Digital
Private Limited for the un-expired service period only. In no event shall Groweon Digital
Private Limited be liable for any loss of data, loss of business, loss of opportunities or any
other special or incidental loss relating to direct or indirect business of client. This
limitation will apply even if Groweon Digital Private Limited has been advised of, or is aware
of the possibility of such damage.
11. Disclaimer of Warranties: Groweon Digital Private Limited does not monitor
or exercise control over the content of the information transmitted through its facilities. Use
of the services or any information that may be obtained there-from is at customer's own risk.
The services are provided on an "as is" basis, and customer's use of the services is at its own
risk.
Groweon Digital Private Limited specifically disclaims all implied warranties, including but not
limited to, the implied warranties of merchantability and fitness for a particular purpose.
Except as otherwise provided in this agreement, any written material by Groweon Digital Private
Limited or information of Groweon Digital Private Limited website shall be for information
purposes only and, whether delivered or disseminated before or after the date of these terms of
services shall not create any express or implied warranty, guarantee of performance or
contractual obligations on Groweon Digital Private Limited.
Groweon Digital Private Limited does not and cannot control the flow of information to or from
Groweon Digital Private Limited 's network and other portions of the Internet. Such flow depends
in large part on the performance of Internet services provided or controlled by third parties.
At times, actions or inactions of such third parties can impair or disrupt customer's
connections to the Internet (or portions thereof). Groweon Digital Private Limited cannot
guarantee that such events will not occur. Accordingly Groweon Digital Private Limited disclaims
any and all liability resulting from or related to such events.
12. User content and conduct: By using the services provided by Groweon Digital
Private Limited ., the customer explicitly confirms acceptance to the "Terms and Conditions" of
Amazon Web Services as covered under https://aws.amazon.com/terms/?nc1=f_pr Groweon Digital
Private Limited will not be responsible for any action taken by Amazon Web Services against any
client who contravenes this policy.
13. Miscellaneous:
Terms of using Groweon Digital Private LimitedTM Mobile App:
a) If you previously chose to receive push notifications on your mobile device from us but no
longer wish to receive them, you can manage your preferences either through your device or the
application settings. If you no longer wish to have any information collected by the mobile
application, you may uninstall the application by using the uninstall process available on your
mobile device.
b) Call log syncing feature in available on your mobile device which can be activated if you
allow at the time of installation. In this feature, your call logs will get sync with your
Groweon Digital Private Limited™ CRM login to convert them into leads. You can allow/disallow
auto syncing of call logs any time while using the app. You can opt manual syncing of your call
logs with Groweon Digital Private Limited™ CRM. We do not sync your call logs without your prior
opt-in.
Governing Law and Forum:
All disputes arising out of or related to these terms of service or service order the parties
irrevocability consent to the exclusive jurisdiction of the Courts at Allahabad (Uttar Pradesh)
in India.
Refund Policy:
In general, no refund shall be provided. However in exceptional cases, refund may only be given
for an order, if the order is cancelled within 5 days after making the payment but before any
work has been done towards configuration/ implementation and that too upto 75% of the payment
received.
If the work has already begun in terms of installation/ configuration, the maximum refund may be
upto 50% of the payment.
There will be no refund if the software has been configured for the customer
/subscriber.
In case of a Letter of Intent (LOI), the work commences with a token amount, followed by a trial
usage by a pilot user group and the user wishes to abort the project at this stage, the token
money received shall be adjusted towards the expense incurred for configuration/ implementation
of the software and providing assistance for the trial usage and no money shall be
refunded.
Indemnification:
Client shall defend, indemnify and hold harmless Groweon Digital Private Limited from and
against all liabilities, judgments, claims, damages, settlements, expenses and costs (including
reasonable attorney's fees, litigation expenses) arising out of or relating to any breach of
these of service by client. Client and Groweon Digital Private Limited will promptly notify each
other upon receipt of any third party claim or legal action arising out of or relating to these
terms of service.
Assignments:
Customer may not assign these terms of services in whole or in part either voluntary or by
operation of law and any attempt to do shall be void and default of this agreement.
Entire agreement and waiver:
These terms of Service constitute the entire agreement between Groweon Digital Private Limited
and client with respect to the subject matter hereof. All prior agreements representations and
statements with respect to such subject matter are superseded. Any failure of either party to
exercise or enforce its rights under these terms of services shall not act as a waiver of
subsequent breaches.
Substitution:
Groweon Digital Private Limited may substitute changes or modify the software or hardware at any
time but shall not thereby substantially after the technical parameters of the services.
Exceptions:
Groweon Digital Private Limited shall not be responsible for service failures/deficiencies of
services caused by or associated with:
- Circumstances beyond Amazon Web Services reasonable control, including, without
limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict,
embargo, fire, flood, strike or other labor disturbance, interruption of or delay in
transportation, unavailability of or interruption or delay in telecommunications or
third party services, virus attacks or hackers, failure of third party software
(including, without limitation, ecommerce software, payment gateways, chat, statistics
or free scripts) or inability to obtain raw materials, supplies, or power used in or
equipment needed for provision of this SLA;
- Failure of access circuits to the Amazon Web Services Network, unless such failure is
caused solely by Amazon Web Services;
- scheduled maintenance and emergency maintenance and upgrades;
- DNS issues outside the direct control of Amazon Web Services;
- issues with FTP, POP, IMAP, or SMTP customer access;
- false SLA breaches reported as a result of outages or errors of any Amazon Web Services
measurement system;
- customer's acts or omissions (or acts or omissions of others engaged or authorized by
customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl,
HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of
Rimus's Terms and Conditions and Acceptable Use Policy;
- e-mail or webmail delivery and transmission;
- DNS (Domain Name Server) Propagation.
- outages elsewhere on the Internet that hinder access to your account. Amazon Web
Services is not responsible for browser or DNS caching that may make your site appear
inaccessible when others can still access it. Amazon Web Services will guarantee only
those areas considered under the control of Amazon Web Services: Amazon Web Services
server links to the Internet, Amazon Web Services routers, and Amazon Web Services
servers.
- NOTICE: All notices hereunder shall be valid only if served in the address F-04, H 169,
Block H, Sector 63, Noida - 201301 (India)
