"Access Terms and Conditions"
This agreement (the "Agreement") represents the complete agreement and understanding between
(a) PCMart India Pvt Ltd and the Subscriber/Developer (the "Subscriber") and supersedes any other written or oral agreement.
(b) PCMart India Pvt Ltd reserves the right to, without prior notice, modify these terms and conditions, amplify them, and/or modify the prices as well as discontinue or change services offered.
Use of our services constitutes your approval and acceptance of these terms. If you do not agree to these terms and conditions, please notify us at subscriber@pcmartindia.com.
1. (a) PCMart India Pvt Ltd exercises no control whatsoever over the content of the information passing through the server.
(b) PCMart India Pvt Ltd makes no warranties of any kind, whether expressed or implied, for the service it is providing.
(c) PCMart India Pvt Ltd also disclaims any warranty of merchantability or fitness for a particular purpose.
(d) PCMart India Pvt Ltd will not be responsible for damages the subscriber suffers. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
2. Subscriber may not tamper with other accounts, or commit unauthorized intrusion into any part of
(a) PCMart India Pvt Ltd systems they provide, or use any machines, files or accounts or intrude without authorization into any other system. Subscriber may not use
(b) PCMart India Pvt Ltd services not included in subscriber's account, nor may subscriber devise ways to circumvent security in order to access services subscriber is not paying for. Subscriber may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specified type of account. Subscriber may not send unsolicited mass mailings or unsolicited subscriptions.
3. The subscriber agrees to defend, hold harmless, and expeditiously indemnify
(a) PCMart India Pvt Ltd from any liability, claim, loss, damage or expense arising out of the indemnifying party's breach or violation of any covenant contained in this Agreement, and resulting from the subscriber's use of the service.
4. (a) PCMart India Pvt Ltd reserves the right to cancel service for any reason without prior notice. In case of cancellation, unused fees may be returned to the subscriber on a pro-rata basis. Subscriber must notify
(a) PCMart India Pvt Ltd in writing to cancel service. Fees for set-up and the first month's service are not refundable. If setup fee is included or not charged as part of the price, setup fee costs are the equivalent to two months service.
If you have pre-paid for 6 months or 1-year period, you are entitled to a pro-rata refund of the remaining months in the annual period, calculated at the standard monthly rate minus setup fees for the
(a) PCMart India Pvt Ltd Services, not the discounted annual rate. You must submit your termination request to
(b) PCMart India Pvt Ltd in the manner described above.
5. (a) PCMart India Pvt Ltd requires that its agreements be made with a person who is qualified to contract. As such, subscriber must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payments. (b) PCMart India Pvt Ltd cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not a least eighteen (18) years of age.
6. (a) PCMart India Pvt Ltd offers as part of its service, free minor changes to your account once per month. Definition of a minor change would be any single line text modification. This would include, but not limited to, phone number, email address, address, etc. We will consult you on cost and get your approval before any charges are warranted. If the subscriber is in the possession of backup copies of the site and wishes to obtain a backup with the latest changes, the subscriber must either furnish the original disks or blank disks to be copied onto. You have the option to obtain our services to backup the site to Compact Disk.
7. (a) PCMart India Pvt Ltd reserves the right to refer clients or potential clients subscriber's website as example site's of past creations. This can be in any form electronic or otherwise.
(b) PCMart India Pvt Ltd reserves the right to insert it's company logo and/or link within the pages PCMART displays or add a shopping cart to as part of its promotional activities.
8. If (a) PCMart India Pvt Ltd builds your site, we reserve the right to switch to hourly billing for the page design should a site become the subject to excessive changes, deletions, additions which were not originally agreed upon the undertaking the subscriber's design. While our goal is a satisfied and a happy customer and certain fine-tuning of a website is necessary. This does not however give the subscriber free and unlimited modifications to the site in it's development.
9. If we host, the subscriber is responsible for providing information to be used in the submissions to the search engines, InterNIC, etc. We will use whatever information available to us to complete the submissions unless special requests are provided in writing.
10. (a) PCMart India Pvt Ltd will provide tech support to associates and partners should they wish to provide the service of installing the shopping cart code into their clients website.
11. Partners agree provide quality service when offering to install our shopping cart code into their clients website. Associates and Partners may charge whatever they wish for this service.
12. As a Partners, you are required only to maintain a good standing relationship with the subscriber. Relationship is based on the signees satisfaction.
13. Fees collected for service will be disbursed to representatives on the first business day of each month that were collected by the first of the previous month. In the case of a refunds these will also be reflected in each statement. You may choose to pass the 25% discount fee to your clients first years service. They will receive a 25% discount on the initial sign-up costs.
14. This Agreement represents the entire agreement between the parties and supersedes all prior agreements oral or written. |