Terms Disclamier

Vyapar Infotech welcomes you to know more about our terms & conditions. We believe in keeping transparency and in order to let you know our terms and conditions, all our terms and conditions are given below.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Web Hosting Agreement And Terms Of Service

Vyapar Infotech - Standard policies and terms and conditions. Given policies and terms of services are mandatory for signing up with us and using our hosting services. Kindly make sure that you read the policies carefully and agree to the same before signing up. If you have any query or questions about the same, you may contact us any time. Vyapar Infotech reserves the right to change the use policies and terms anytime. We are serving a huge community of clients and it has been always our first priority to care about the security of each and every client.

Change in Packages and Pricing

Vyapar Infotech reserves the right to change the price and services of its services and packages at any point of time. The information regarding prices and services available on our site may be changed without any prior information. Increase in price of our services is our sole decision and for all new deals, new price will be applicable. Vyapar Infotech can increase the price anytime and new price will be effective for the new deals but the orders placed before the announcement of the new price will be considered at the old price only.

What do you own and What Not: Source Code/Database of Website

Web Server

Clients get web hosting complimentary with the package, if stated in the email/proposal offered by our sales team. Thus, they don't own it.

Content Management System (CMS

Clients Don’t Own This. A Web Application that is used to manage the administration of content for your website. The CMS (and all software) is owned by the creators i.e. Vyapar Infotech and you use it as long as you run this website on our server.

Database Software

Clients Don’t Own This. Clients don't have to write on the Database Software such as MySql created by Vyapar Infotech. Clients own their website data and content stored in the database if they have written it.

Source Code (other custom programming)

Clients Don’t Own This. The programmed code created in the language of the Web Server Platform that contains the logic and connectors to other software running on the server. Source code may also communicate with outside integrated system servers. The source code will generate the HTML/CSS/Javascript for the browser to render to your screen.

HTML/CSS/Javascript

Clients Own This. HTML and CSS are the building blocks of almost all websites. It is a language that browsers understand. Javascript is programming that may alter the HTML and CSS as one interacts with the website. Vyapar Infotech provides an agreement giving HTML/CSS/Javascript ownership to you upon completion and final payment of the project.

Visual Design

Clients Own This. The combination of layout and presentable graphical assets like colors, photography and typography to create the user interface, images and videos, and readable content of the website. The HTML/CSS/Javascript will contain the information to display these assets so the browser can render the website on your screen. Vyapar Infotech provides an agreement to clients giving website visual design ownership to you upon completion and final payment of the project.

Text Content

Clients Own This. The formatted, readable, search engine indexable, copy and pastable website text that is rendered in the browser. Client will own his/her website text content if they or their employee authors the content.

Photography

Clients Own This… If they Took The Pictures. The entire or part of a digitized photograph used on a website as either part of the logo, user interface, slideshow, gallery, video or other visual design asset. Client will own their website photography if they or their employee captures the photographs

Domain Name

You Don’t Own This Either. The Domain Name appears in the address bar of the browser. It is the humanly memorable, identifiable part of the website URL that is indexed by search engines, displayed in most marketing, and remembered as part of the brand. Clients do not actually own a domain name even though they are a registered domain owner. They have a contract with the domain registrar giving them “ownership” of the domain much like a contract with a telephone company for a phone number. Domain name registration with a registrar does not confer any legal ownership of the domain name, only an exclusive right of use.

The Legal Reality of Owning a Website

Clients will never legally own the domain name, web server platform, CMS, web platform, database software, or language used to build your website. Vyapar Infotech only grants a license to use the Intellectual Property of the website created by Vyapar Infotech using its own customised code to build it. Only if a client programs the website himself/herself or has a “work for hire” agreement, he/she will own the website source code. If the client authors his/her own content, designs the interface, takes his/her own photographs, and creates his/her own graphics, he/she will own all of the website “visual design” and content. Actually, clients only own the "Finished Assembled Work" i.e. HTML/CSS/Javascript, visual design, and the text content upon completion and final payment of the project.

Conclusion

If a client wants the source code of the website, Vyapar Infotech will not share its CMS technology, Databases, Location wise Sub-domains or Sub-directory web pages or Web Hosting Details of the website. Back-End of our Template based as well as Customised Website (Admin Panel/CMS) + Location Wise (Sub-domain) Web Pages developed by Vyapar Infotech Team is the result of huge research, innovative ideas and years of hard work by Vyapar Infotech. Vyapar Infotech holds rights to its technology and at any point of time, if client wishes to discontinue services with Vyapar Infotech, client can take control of the domain name (if purchased by Vyapar Infotech) after paying all due payment (if any). Vyapar Infotech will not share its source code / backup of the website which includes its Admin Panel/CMS, Database mysql files. Client owns the right to get HTML/CSS/Javascript, visual design, and the text content upon completion and final payment of the project.

Web Hosting Details:

At any point of time, Vyapar Infotech will not share Web Hosting Credential with clients to protect website technology of website & maintain security of web server from any malware/viruses. Web Hosting is a free service provided with Website Service to clients. Vyapar Infotech holds the rights to deny clients from installing any open source or 3rd party software/plugin/module/component/cms like wordpress, joomla, drupal, magento, shopify etc.

Domain Details

As long as client continues to run the website with Vyapar Infotech, Vyapar Infotech will not share credentials of the domain purchased by Vyapar Infotech for the Website of client. But if, client forces Vyapar Infotech Team to provide control panel of domain, Vyapar Infotech will provide the credentials of domain to client after getting written email from client that “If anything bad happens to the structure or promotion of the website, Client will be solely responsible to it. Vyapar Infotech will not be responsible after providing the credential of the domain.”

Working on Client’s Server

We don’t host web applications / websites / portals designed and developed by Vyapar Infotech on the client's server.

The information published on our website regarding prices and services may be changed at any point of time, without prior intimation. Also, increase of prices would be a sole decision of Wepulse Solution. This would be effective for the new deals but the orders placed prior to announcement would be treated on previous slot. Account setup: Your account would be setup after the receipt of your payment is received and confirmed by Vyapar Infotech. on completion of screening procedures. It is your liability to give us proper information to verify the same and if you don't do so, your account creation will be delayed.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Delhi, India

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Vyapar Infotech, #A5, Milap Nagar, New Delhi- 110059 (INDIA)

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Vyapar Infotech, accessible from yaparinfotech.com

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Matter Of Disputes And Jurisdictional Aspects

For any kind of legal dispute related to Vyapar Infotech would be dealt in only territory of Delhi. All the legal issues are subjected only to pertinent contemporary's laws in force at New Delhi to the jurisdiction of courts located in New Delhi only.

Governing Law And Jurisdiction

This Agreement and any dispute or matter arising from incidental use Vyapar Infotech is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Vyapar Infotech, contains the entire agreement between you and Vyapar Infotech regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. We anticipate that the aforementioned information would enable you to shrewdly use the facilities and services offered by Vyapar Infotech and strengthen our business associations as well. With the warmest greetings, Team Vyapar Infotech is all set to assist you to serve with the best possible solutions.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Privacy Policy

All the information provided by you, would be used in accordance to respective laws. The information / data provided by you shall not be shared with any external organization or for any other commercial usage without your written consent. It would be however available to all the divisions / sister concerns / ventures of Vyapar Infotech. In order to facilitate the utilization of the services and maintain the continuity of a visit & help navigation on the site, we make use of temporary cookies. Updating / modification / deletion of your data / information would be done on your written request only.

Changes To These Terms And Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will determined at Our sole discretion.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: support@vyaparinfotech.com

  • By visiting this page on our website: yaparinfotech.com

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