Privacy Policy
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Privacy Policy

Definitions:

  • Host= Creation Infoways Pvt Ltd and/or its parent company.
  • Owner, User, You, Your = You, the paying customer.
  • Fees= The Setup Fees,Designing Fees, Digital Marketing , Recurring Fees and Non-Recurring Fees.
  • Initial Term= that period of time commencing upon the Service Commencement Date and ending approximately 1 calendar month afterwards.
  • Non-Recurring Fees= those fees set forth on the Service Order that are due when and if a particular Service is utilized, such as additional bandwidth used by you during the term of this Agreement.
  • Recurrence Period= the recurring period upon which you agree to pay for the Services as set forth in the Service Order, typically 1 calendar month. Example: May 5th to June 5th.
  • Recurring Fees= those fees set forth on the Service Order that are due on a recurring basis throughout the term of this Agreement upon each Recurrence Period.
  • Renewal Term= the subsequent renewal of the Initial Term or any Renewal Term, commencing upon expiration of such Initial Term or Renewal Term and ending upon expiration of the Service Contract period set forth on the Service Order.
  • Service Commencement Date= that date upon which you are given access by Host to begin using the Services.
  • Service Level Agreement= Creationinfoways Service Level Agreement as such agreement may be amended from time to time by Host.
  • Acceptable Use Policy or AUP= Creationinfoways Acceptable Use Policy as such policy may be amended from time to time by Host.
  • Acceptable Use Policy or AUP= Creationinfoways Acceptable Use Policy as such policy may be amended from time to time by Host.
  • Setup Fees= means those fees set forth on the Service Order that are due upon the Service Commencement Date and represent the initial fees necessary to initially setup and configure the Services.
  • Setup Fees= means those fees set forth on the Service Order that are due upon the Service Commencement Date and represent the initial fees necessary to initially setup and configure the Services.
  • Service Order= means the agreement of Host to provide a service or services to You for a fee. This may take the form of a pre-defined ‘service plan’ offered by Host, or a any fee based service defined and agreed to by both parties via email or support ticket.

General Terms

  • Host has the right to monitor the Website, and in its sole discretion to remove any content that Host finds objectionable for any reason, without prior notice to Owner. This includes but is not limited to: Pornography, Spamming, Phishing Scams, Illegal business practices, any material infringing on National or International Copyright.
  • Website Owner is solely responsible for any liability arising out of or related to the Web Site. Owner agrees to indemnify and hold Host harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and experts’ fees, associated with any claim or action brought against Host related to or arising out of the Web Site or Owner’s breach of its warranties under this Agreement.
  • Host owns and retains full rights to any code/programs or software developed by Host.
  • You own all the content you placed into the website product or service, assuming it was original and does not infringe on existing copyrights.
  • Any software used in website product or service released under the General Public License (GPL) is governed by such.
  • Host reserves the right to modify and/or change these terms and conditions at any time.
  • Confidential Information means all confidential and proprietary information of a party disclosed either before or after the effective date of this Agreement and marked as such (if such information is capable of being so marked) regarding such party’s products and business that are disclosed by such party (the “Disclosing Party”) to the other party (the “Non-Disclosing Party”) under this Agreement including, but not limited to, the Disclosing Party’s intellectual property. Confidential Information also includes.
  • The unpublished prices and other terms of service, audit and security reports, data center designs and other proprietary technology andAll information transmitted to or from, stored on or otherwise processed by the servers or other devices used in the provision of the Services. Confidential Information does not include information:
  • In the public domain at the time of delivery.
  • Subsequently published or otherwise made part of the public domain through no fault of the Non-Disclosing Party or its representatives,
  • In the Non-Disclosing Party’s possession at the time of disclosure and not acquired by the Non-Disclosing party directly or indirectly from Disclosing Party or its representatives on a confidential basis,
  • which becomes available to the Non-Disclosing Party on a non-confidential basis from a source not under an obligation of confidentiality to the Disclosing Party, or
  • Information that is independently developed without reference to the Confidential Information, as evidenced by written records maintained in the ordinary course of business.

Host Obligations:

Subject to your compliance with all of the terms and conditions of this Agreement, Host shall provide the Services and Support to you during the term of this Agreement in accordance with the commitments made in the Service Level Agreement. In the event of a failure by Host to meet the obligations defined within the SLA, your sole and exclusive remedy and Host’s sole obligation are the issuances of Service Credits as set forth in the Service Level Agreement.

 

Your Obligations:

You are solely responsible for the content of any postings, data or transmissions using Services, or any other use of the Services by a User. You agree to fully comply with all of the obligations and restrictions set forth in the Acceptable Use Policy. You agree to comply with all of the terms and conditions of this Agreement, make all payments of Fees when due and comply with any and all laws applicable to your use of the Services. You shall cooperate with Host’s investigation of service outages, security issues or any suspected breach of the terms and conditions of this Agreement.

 

Client Roster & Client Trademark usage:

By using this service you grant host permission and a royalty-free license to list or display applicable trademarked name(s) and logo in Host’s client roster. This license will terminate upon the end of the ‘Term’ as described below. This permission does not extend to any form of advertising or marketing performed by or on behalf of Host.

 

Fees:

Your initial invoice will include any Setup Fees and the Recurring Fees from the Service Commencement Date until expiration of the Recurrence Period. Thereafter, Host will invoice you in advance for the Recurring Fees and in arrears for the Non-Recurring Fees at the beginning of each Recurrence Period. The Recurring Fees set forth in the Service Order shall remain fixed during the Initial Term. Upon commencement of any Renewal Term, the Recurring Fees for the Services shall be adjusted to the published fees then in-effect at the date of such renewal.

 

Payments:

Payment terms are ‘due on receipt’. You shall be responsible for and shall pay, and shall reimburse Host on request if Host is required to pay, any sales, use, value-added or other tax (excluding any tax that is based on Host’s net income), assessment, duty, tariff, or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on the Services. You must notify Host in writing of any disputed Fees within fourteen (14) days of the invoice date for such Fees. If you do not notify Host within such period, you have waived any right to dispute such amounts, either directly or indirectly or as a set-off, or defense in any action or efforts to collect amounts due to Host.

 

Suspension of Services:

You acknowledge and agree that Host may suspend providing the Services to you, in whole or in part, without liability if

 

  • You fail to pay the Fees due to Host for a period of seven (7) days after the date of the invoice
  • You are in violation of the Acceptable Use Policy
  • You fail to reasonably cooperate with Host’s investigation of any suspected breaches of this Agreement
  • Host reasonably believes that the servers hosting the Services have been accessed or manipulated by a third party without your or Host’s consent
  • Host reasonably believes that suspension of the Services is necessary to protect the Host environment generally, or
  • Host is obligated to suspend Services via subpoena, court order or otherwise as required by law. In the event of any suspension of Service pursuant to abovementioned reasons, you shall pay Host full payment of the balance due on the account, including late payment interest, if any.in the event host takes any action pursuant to this section, it shall have no liability to you or anyone claiming by or through you. Nothing herein shall preclude Host from pursuing other remedies available by statute or otherwise permitted by law.