Terms & Conditions

TERMS CONDITIONS

Updated on September 20th, 2020.


GENERAL

These Terms and Conditions (“Agreement”) govern the use of the services (“Service”) that are made available by Digiqore Info Solutions Private Limited (“www.digiqore.in”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between Digiqore Info Solutions Private Limited and the individual or entity that subscribes to our service (“Subscriber” or “you”).

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Digiqore Info Solutions Private Limited may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Digiqore Info Solutions Private Limited believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

Digiqore Info Solutions Private Limited may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): http://www.digiqore.in/terms_conditions.php/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.


SERVICES

Digiqore Info Solutions Private Limited offers Subscribers domain name registration, website hosting, and email hosting services for the duration of the service term purchased from Digiqore Info Solutions Private Limited.

Services are provided on the basis of facility and equipment availability. Digiqore Info Solutions Private Limited reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Access to the web and email servers is terminated upon expiry of the Service.


WEB HOSTING

All Digiqore Info Solutions Private Limited web hosting accounts will display a “Coming Soon” web page by default when activated. This page informs visitors that the Subscriber has recently setup their account with Digiqore Info Solutions Private Limited. The “Coming Soon” default index web page may be removed by the Subscriber at any time once they have access to the web server. The “Coming Soon” web page may include, but without limitation to, the following:

  1. ✔ Links to additional products and services offered by Digiqore Info Solutions Private Limited.
  2. ✔ Advertisements for products and services offered by third parties.
  3. ✔ An Internet search engine interface.

All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default Digiqore Info Solutions Private Limited error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following:

  1. ✔ Links to additional products and services offered by Digiqore Info Solutions Private Limited.
  2. ✔ Advertisements for products and services offered by third parties.
  3. ✔ An Internet search engine interface.

At its sole discretion, Digiqore Info Solutions Private Limited may place advertisements or other commercial content on your website, emails or anywhere it deems fit.

Depending on which hosting plan you choose, you may request to change the billing term of your hosting service through your account control panel. In such cases, the expiry date of your hosting service will be adjusted according to the billing term that you have requested. Any optional features for your hosting plan will be billed according to the term that you have requested.

If your hosting plan includes a free domain name, you will be required to pay a fee to reimburse Digiqore Info Solutions Private Limited for the domain name registration upon changing to another hosting plan or a billing term that does not include a free domain name. The amount of this fee will vary depending on the domain extension and on the registration term.

All Digiqore Info Solutions Private Limited web hosting services, including service trials and promotional hosting offers, and their billing terms may be prorated and adjusted to expire on the last day of a month.

All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in your account control panel. Digiqore Info Solutions Private Limited is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.

In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, on the 15th of the expiry month.


EMAIL

Digiqore Info Solutions Private Limited email service provides customers with the capability to send and receive email via the Internet. Digiqore Info Solutions Private Limited retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Subscribers and to protect our computer systems.

As an owner and operator of the equipment and other resources utilized to provide services, Digiqore Info Solutions Private Limited has the legal right to block electronic communications from other entities on the Internet.

Digiqore Info Solutions Private Limited relies on the support of its sponsors and advertisers to help offset the cost of the Services offered to its Subscribers. You acknowledge that as part of your Digiqore Info Solutions Private Limited Service, advertisement sponsored email newsletters may be sent to Subscribers and Digiqore Info Solutions Private Limited email service email accounts.


HOW WE COLLECT INFORMATION FROM DEFINITION OF UNLIMITED USAGE

What “Unlimited” means: Digiqore Info Solutions Private Limited does not set an arbitrary limit on the amount of resources an account can use. Unlimited resources are intended to meet the typical needs of an average small business or home business website.

What “Unlimited” DOES NOT mean: The accounts are not intended to support the greater web hosting needs of large enterprises, to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc., to be used as a media file streaming/sharing hub, or used for any practices deemed unreasonable at the sole discretion of Digiqore Info Solutions Private Limited.

Reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Reselling of account resources is only permitted if you are using a Reseller Hosting Plan, a Virtual Private Server (VPS) or a Dedicated Server.

Digiqore Info Solutions Private Limited ‘s “Unlimited” services are provisioned in a shared hosting environment. Any account found to be adversely affecting the performance of other Subscriber accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by Digiqore Info Solutions Private Limited administrators and anti-abuse controls. These Subscribers will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice.


SERVICE FEES / PAYMENTS / INVOICES

All Digiqore Info Solutions Private Limited fees and charges are quoted and billed in INR unless otherwise noted.

Digiqore Info Solutions Private Limited uses an automated payment processing system and only accepts NEFT, RTGS, IMPS, Cheque and Cash payments at this time. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees.

Digiqore Info Solutions Private Limited may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.

Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.

Our executives share invoices for all Digiqore Info Solutions Private Limited services through email and whatsapp to you.

Billing inquiries and disputes should be brought to Digiqore Info Solutions Private Limited ‘s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the due amount is cleared.

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.


TERMINATION / PLAN CHANGE / REFUND POLICY

Digiqore Info Solutions Private Limited may terminate your Service under the following circumstances (non-exclusive list):

  1. ✔ All prices are quoted in Indian Currency are exclusive of GST unless specified.
  2. ✔ All invoices are to be processed as per the schedule via your preferred method of payment.
  3. ✔ Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.
  4. ✔ Digiqore Info Solutions Private Limited reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email or fax. Telephone requests on cancellations will not be accepted.
  5. ✔ Your have to pay the due amount within 05 (Five) days from the delivery day.
  6. ✔ Late fees and charges: All outstanding invoices will incur a late payment fee of 5% of the pending amount per month, from the delivery date.
  7. ✔ If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
  8. ✔ All communications/correspondences are generally done via emails and phone calls. It is client’s responsibility to keep us updated with their relevant email addresses.
  9. ✔ Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified at least 30 days before the renewal date.
  10. ✔ Reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.

Only one refund may be issued for each invoice. Digiqore Info Solutions Private Limited reserves the right to grant or deny any refund requests.


PROHIBITED CONDUCT

Digiqore Info Solutions Private Limited does not allow the use of unsolicited commercial email (“Spam”) or bulk sms to promote products or services. Any Subscriber engaging in the sending of Spam through the Digiqore Info Solutions Private Limited network or promoting information on websites hosted by Digiqore Info Solutions Private Limited will be considered in breach of this Agreement and will be suspended from the Service immediately.

The following is a non-exclusive list of content, and behavior prohibited by the Service:

  1. ✔ Content that contains or contains links to: nudity, pornography, adult content, and materials with sex or foul language.
  2. ✔ Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
  3. ✔ Content that has been promoted through the sending of Spam or mail or sms fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email or sms NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Digiqore Info Solutions Private Limited account will result in immediate account suspension.
  4. ✔ Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
  5. ✔ Content or otherwise that exploits children under 18 years of age.
  6. ✔ Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  7. ✔ Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
  8. ✔ Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
  9. ✔ Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
  10. ✔ Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Digiqore Info Solutions Private Limited service, solution or technology.
  11. ✔ Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).

NOTICES

You agree that, unless other instructions are posted on Digiqore Info Solutions Private Limited’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or whatsapp or sms, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Digiqore Info Solutions Private Limited posted on the Digiqore Info Solutions Private Limited website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.


PRIVACY

The Digiqore Info Solutions Private Limited Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscribers’ personal information. The Digiqore Info Solutions Private Limited Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: http://www.digiqore.in/privacy_policy.php/

Email newsletters will only be sent directly by Digiqore Info Solutions Private Limited. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by Digiqore Info Solutions Private Limited ‘s designated customer review software provider for customer experience and service feedback.


RESERVATION OF RIGHTS

Digiqore Info Solutions Private Limited reserves the right and sole discretion to:

  1. ✔ Censor any website hosted on its servers that is deemed inappropriate.
  2. ✔ Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
  3. ✔ Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
  4. ✔ Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Digiqore Info Solutions Private Limited or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
  5. ✔ Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that Digiqore Info Solutions Private Limited determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
  6. ✔ Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.


LIMITATION OF LIABILITY

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. Digiqore Info Solutions Private Limited makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Digiqore Info Solutions Private Limited is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Digiqore Info Solutions Private Limited.

In no event will Digiqore Info Solutions Private Limited be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

Digiqore Info Solutions Private Limited, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall Digiqore Info Solutions Private Limited be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.


INDEMNIFICATION

You agree to indemnify and hold Digiqore Info Solutions Private Limited, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Digiqore Info Solutions Private Limited with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.


FORCE MAJEURE

Digiqore Info Solutions Private Limited will not be liable for any delay due to COVID-19 or any other, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.


UNENFORCEABLE PROVISIONS

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.


GOVERNING LAW

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the province of India.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of India for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.


AGE OF MAJORITY

Digiqore Info Solutions Private Limited does not accept agreements and payments from persons under the legal age of 18 years. By submitting your service application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.


WAIVER

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.


ENTIRE AGREEMENT

This Agreement, as may be updated from time to time and posted at http://www.digiqore.in/terms_conditions.php/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.