Terms

/Terms
Terms 2018-04-11T19:21:25+00:00

Terms of Service

By placing an order with Manith Infocom, you confirm that you are in agreement with and bound by the terms and conditions below:

Definitions:

The Client: The company or individual requesting the services from Manith Infocom. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term “Customer” shall refer to such entity.
Manith Infocom: Primary designer/site owner & employees or affiliates.

A. General

Manith Infocom will carry out work only where an agreement is provided either by email, telephone, mail or fax. Manith Infocom will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Manith Infocom and the client; this includes telephone and email agreements.

B. Website Design

  • Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Manith Infocom cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
  • The website, graphics and any programming code remain the property of Manith Infocom until all outstanding accounts are paid in full.
  • Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by Manith Infocom remain the copyright of Manith Infocom and may only be commercially reproduced or resold with the permission of Manith Infocom.
  • Manith Infocom cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website/websites.
  • We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
  • Any coding additions to website briefs provided will be carried out at the discretion of Manith Infocom and may carry an additional cost. Where no charge is made by Manith Infocom for such additions, Manith Infocom accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
  • The client agrees to make available as soon as is reasonably possible to Manith Infocom all materials required completing the site to the agreed standard and within the set deadline.
    Manith Infocom will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  • Manith Infocom will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. e.g. Any disputes regarding content/images that have been provided to us for inclusion on the site.
  • Manith Infocom will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
  • Manith Infocom will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
  • In no event shall Manith Infocom be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
  • In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
  • If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
  • We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
  • A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.
  • Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
  • Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

C. Database, Application and E-Commerce Development

  • Manith Infocom cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
  • Any scripts, applications or software (unless specifically agreed) written by Manith Infocom remain the copyright of Manith Infocom and may only be commercially reproduced or resold with the permission of Manith Infocom.
  • Where applications or sites are developed on servers not recommended by Manith Infocom, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
  • The client is expected to test fully any application or programming relating to a site developed by Manith Infocom before being made generally available for use.
    Where “bugs”, errors or other issues are found after the site is live, Manith Infocom will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility

Manith Infocom will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Google Chrome and to an acceptable level with Mozilla browsers, such as Firefox. Manith Infocom can offer no guarantees of correct function with all browser software as they constantly change.

D. Website Hosting

  • Whilst Manith Infocom recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Manith Infocom cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
  • Manith Infocom reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.
  • Misuse of the allotted server space, bandwidth are prohibited and penalty will be charge.
  • Distribution of free email IDs to any person other than the ones related to the website owner or the company automatically gives are prohibited; penalty will be charge to those users.
  • In case of misuse of allotted email ID space, we will have the rights to diminish the space provided for one email ID.
  • Misuse of bandwidth will lead a client to be entitled for lesser bandwidth in future or account would be suspended or deleted.
  • Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period will lead to your account to suspension/deletion.
  • Any illegal activity detected on a website will lead to sealing of the same by us with immediate effect, as per the IT rules laid out by the Indian and International IT Act.
    Intentionally tampering (Hacking or sending virus) of our server by a client will see the account suspended.
  • Customers are advised to maintain their own data backups on their home computers or CDs to ensure that they have ready access to their data in case we have a hardware failure. However, such cases are rare in occurrence, but cannot be avoided sometimes. This is why we recommend all our clients to take regular backups for all their important data. You can take your mail backup by forwarding the mail id to other email id and by using outlook of local computer.
  • For safety reasons, we urge our customers not to divulge the password of their e-mail/ hosting/ ftp accounts to anyone. In cases where passwords and usernames are to be given to our employees, we suggest to change the password immediately. In every 15 days you have to change your all password for security reason.
  • There is no provision of refund in Manith Infocom for any products under any circumstances. In any circumstances money refund is not possible.
    Unfortunately if website/server etc. will down then we are not responsible for any losses face by client.
  • For plan details and services provided by Manith Infocom, please refer to the website as the most valid reference. Any commitment made by our employees over chat/phone/mail or by any other mode, which is not mentioned in our website, will not be abided.
  • We suggest all our clients to use our 7 days trial before purchasing any package. This will help to avoid post-purchase problems.
  • Manith Infocom would like to announce that any one misbehave or using abuse languages to our employee then we will suspend or delete his/ her account without any priority notice, and he will not get any refund and further support from Manith Infocom any point of time. For this Manith Infocom is not responsible. Manith Infocom has full rights to take action against that client/ visitor. Client/ Visitor have to pay Rs.5000/- fine or penalty for each abuse word.
  • Please take the back up of all your data before changing Name Server (DNS) of your Domain. We will delete all your data automatically if you will change your Name Sever. To reduce server burden we will delete all data of the Domain which name server is not pointing to our server. So Manith Infocom will not responsible for any loss of data if you changed Name Server of your Domain for single time also.
  • If any client is not using the hosting service from Manith Infocom, it is mandatory for the client to send the cancellation request in company letter head to billing department by post or courier. Failing with the same Manith Infocom will be charging the renewal amount every year.
  • The backup maintained is for internal use only and not meant for selling to the customers.
  • If Manith Infocom is not having customers correct contact detail and phone number then Manith Infocom is having full rights to suspend and delete the account without any intimation.
  • Before any order activation Manith Infocom is having full rights to verify the clients.
  • Any issue which is not related to server and can be solved by the customer himself then it will be charge Rs.99/- per minute if it’s handling by Manith Infocom.
  • If any client knowingly and intentionally misusing the manpower, resources of company or time of any support employee of Manith Infocom then the client has to pay fine of 99/- per minute with late fee of Rs.500/- per month. The same rule is applicable even if the problem from client side is there and Client is wasting unnecessary time of our employee.
  • If you need SLA then you have to go for individual dedicated server products.
  • If you are uploading audio and video file and heavy size file then you have to pay penalty per MB Rs.500 per month.
  • Late fee is minimum Rs.500/- per month for delay payment or 15% of sum amount per month, if the product price is more than Rs.5000/-
  • Spamming, copyright infringement, Illegal contents are strictly prohibited. If found violating a charge of Rs.50,000 will be levied as penalty.
  • At any circumstances if your contact details do not match with who.is records, website contact address and the details provided in the billing software the same would be considered as reselling and we have all rights to suspend /delete your account without any prior notice

Abuse of SMTP Mail Server: If any of the email id will be misuse the mail server then we will suspended or delete his hosting account.

Prohibited Activities:

General Prohibitions: Manith Infocom prohibits use of the hosting Services in any way that is unlawful, harmful to or interferes with use of Manith Infocom network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail, a security risk or a violation of privacy.

Unlawful Activities: Hosting Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, national or international law, treaty, court order, ordinance, regulation or administrative rule.

Violation of Intellectual Property Rights: Any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Manith Infocom or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Threatening Material or Content: Hosting Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. If the content is determined by Manith Infocom to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libellous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.

Spam/E-mail Abuse: Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP.

AUP Enforcement and Notice: Customer’s failure to observe the guidelines set forth in this AUP may result in Manith Infocom taking actions anywhere from a warning to a suspension or termination of Customer’s hosting Services. When feasible, Manith Infocom may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.
Manith Infocom reserves the right, however, to act immediately and without notice to suspend or terminate affected or cause harm to or interfere with the integrity or normal operations of Manith Infocom’s servers, violate any applicable law, rule or regulation, or otherwise present an imminent risk of harm to the servers or Manith Infocom’s Customers.

Network security: In case of any tampering done to our network security, we will take an immediate action against the respective hosting account. Unsolicited commercial advertisements (spam) are not allowed in e-mail IDs and may result in cancellation of the account.

Abuse of Traffic: If any customer violates the company’s policies in site transfer or misuse of bandwidth is preheated, Manith Infocom can decrease its allotted Traffic quota or suspended his account without any prior notice.

Abuse of Space: As per our policies, at least 90% of your web pages (HTML) must be “Linked” with files (.GIF, .JPEG, etc.) which are stored in our server. Web space must not be used by your visitor for free upload, download heavy size file. Web sites containing a large number of unlinked files or using server space for data storing propose are subject to deletion of files otherwise we will cancellation the account without prior notice.
Customers cannot run IRC, boots or clients on servers. Customers are also prohibited from running Bulk Emailing, Unsolicited Emailing, Newsgroup Spamming, Pornographic Content, Illegal Content, Copyright Infringement, Trademark Infringement, Warez, Cracks, and Software Serial Numbers.

Website Optimisation

  • Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites.
  • The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
  • We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any money to clients in relation to this type of work.
  • Manith Infocom reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts

  • A deposit is required from any new client before any work is carried out. It is the Manith Infocom policy that any outstanding accounts for work carried out by Manith Infocom or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Manith Infocom.
  • Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
  • If accounts are not settled or Manith Infocom have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in country court judgements (ccj’s) being added to the clients credit rating.
  • Following consistent non-payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure

Informal Procedure
Anyone who experiences a problem with their web service provided by Manith Infocom should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Manith Infocom will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal Complaints Procedure:
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Manith Infocom, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.