TERMS AND CONDITIONS

Last updated: 28.12.2020
COVID-19 Pandemic: NOTICE OF POTENTIAL DELAY AND RESERVATION OF RIGHTS

To Whom It May Concern:

We are all aware of the ongoing outbreak of the Coronavirus 2019 (COVID-19), which is declared as pandemic by the World Health Organization and the President and Governor have declared a national and state emergency, respectively. Although the situation continues to evolve rapidly, Render Infotech LLP remains fully committed to pursuing the completion of our work in a safe, diligent and reasonable manner under the current circumstances. We must recognize, however, there is a strong likelihood that we will encounter certain delays as a result of this pandemic. We anticipate our work will be delayed and our productivity will be negatively impacted by the cumulative effect of this outbreak. Potential impacts may include, but are not limited to, labor shortages due to infection or quarantine as well as material shortages and significant delays in lead times as a result of Companies closings across the globe. In addition, we are monitoring whether there will be a mandatory shut downs. At this time, it is not be possible to quantify the delay or compute the impact costs. While this notice may seem premature, our contract requires that we furnish you written notice of any delays in a timely fashion. Accordingly, pursuant to the terms of our contract, please consider this correspondence to be our formal notice of potential delays to our performance through no fault of our own and that are beyond our control, including, but not limited to, changed conditions, constructive suspension of work, constructive change, force majeure/act of Nature, etc.

Render Infotech LLP hereby reserves all rights it may have under our contract and applicable law to protect its legal and commercial interests, including without limitation the right to seek an extension of time and an increase in our contract price. Please keep records as you deem appropriate to confirm any extensions or increased or unabsorbed costs if we do, in fact, submit same. We can assure you that we are evaluating all options to minimize and mitigate the impact to your Projects/ Services. As more information becomes available, we would like to discuss our options for successfully completing Projects/Services. We will continue to keep your Project/ Service representatives informed of these delays and their effect on overall job completion. We will diligently seek to minimize to the best of our ability, the effects of these delays on our work. Your cooperation in minimizing these impacts are appreciated as work our way through this unprecedented event. Thank you for your understandings and Patience

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW:
This Terms of Service Agreement (this “Agreement”) is entered into by and between Render Infotech LLP ("Render Infotech LLP") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

2. MODIFICATION OF AGREEMENT, SITE OR SERVICES:
Render Infotech LLP may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Render Infotech LLP may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. RENDER INFOTECH LLP RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

3. ELIGIBILITY; AUTHORITY:
This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the Indian laws or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Render Infotech LLP finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Render Infotech LLP shall not be liable for any loss or damage resulting from Render Infotech’s reliance on any instruction, notice, document or communication reasonably believed by Render Infotech LLP to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Render Infotech LLP reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
Render Infotech LLP will not be liable for any loss you incur due to any unauthorized use. You, however, may be liable for any loss Render Infotech LLP or others incur caused, whether caused by you, or by an authorized person, or by an unauthorized person.

4. AVAILABILITY OF WEBSITE/SERVICES:
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site or Services may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

5. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY:
Render Infotech LLP generally does not pre-screen User Content (whether posted to a website hosted by Render Infotech LLP or posted to this Site). However, Render Infotech LLP reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Render Infotech LLP may remove any item of User Content (whether posted to a website hosted by Render Infotech LLP or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Render Infotech LLP in its sole and absolute discretion), at any time and without prior notice. Render Infotech LLP may also terminate a User’s access to this Site or the Services found at this Site if Render Infotech LLP has reason to believe the User is a repeat offender. If Render Infotech LLP terminates your access to this Site or the Services found at this Site, Render Infotech LLP may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

6. DISCONTINUED SERVICES; END OF LIFE POLICY:
Render Infotech LLP reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although Render Infotech LLP makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Render Infotech LLP, in any way, effective on the EOL date.
No Liability. Render Infotech LLP will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.

7. GENERAL TERMS:
You agree that Render Infotech LLP may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Render Infotech also reserves the right to charge you reasonable “administrative” fees" for (i) tasks Render Infotech LLP may perform outside the normal scope of its Services, (ii) additional time and/or costs Render Infotech LLP may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Render Infotech LLP in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Render Infotech staff or by outside firms retained by Render Infotech LLP; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Render Infotech LLP as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Render Infotech LLP.

8. ADDITIONAL RESERVATION OF RIGHTS:
Render Infotech LLP expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Render Infotech LLP in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Render Infotech LLP made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Render Infotech LLP, its officers, directors, employees and agents, as well as Render Infotech's affiliates, including, but not limited to, instances where you have sued or threatened to sue Render Infotech LLP, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to Render Infotech’s business, operations, reputation or shareholders. Render Infotech expressly reserves the right to review every Account/ Service for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels. Render Infotech LLP expressly reserves the right to terminate, without notice to you, any and all Services where, in Render Infotech's sole discretion, you are harassing or threatening Render Infotech LLP and/or any of Render Infotech's employees.

9. Dispute Notice:
In the event of a Dispute, you or Render Infotech LLP must first send to the other party a notice/ email of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Render Infotech LLP must be addressed to: Render Infotech LLP ( Address in Contact Page) Attn.: Legal Department (the “Render Infotech LLP Notice Address”). The Dispute Notice to you will be sent by certified email to the most recent address we have on file or otherwise in our records for you. If Render Infotech LLP and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Render Infotech LLP may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the appropriate court(s) in Bangalore, India, will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use and You hereby consent to personal jurisdiction in such forum.

Payment Terms

Our payment terms are 21 days .

Unless stated or agreed otherwise you must make payment within 21 days of receipt of any invoices.

The required payment timeframe is stated on the first page of all invoices.

If we do not receive payment within this timeframe we will reserve the right to restrict the services that we provide, this will include suspension of hosting, websites and emails.

Payment for care plans, hosting and SEO campaigns is required in advance to the month/period the service is provided. (Payment bank details below in the bottom of this Page)

General

Our primary means of contact is via email and via our portal system. Please ensure that you provide us with an up to date email address and check the portal using the URL you are provided to stay in contact.

Legal & License.

Render Infotech LLP warrants that the functionality contained in work undertaken will meet the client requirements and that the operation will be reasonably error-free.

The entire risk as to the quality and performance of the work is with the client. In no event will Render Infotech LLP be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the website, even if Render Infotech LLP has been advised of the possibility of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Revision During Execution

The client may be charged additional fees if they decides to make changes to the agreed upon project scope and objectives.

Copyrights and Trademarks.

The client represents to Render Infotech LLP and unconditionally guarantees that any elements furnished to Render Infotech LLP for inclusion in the project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Render Infotech LLP and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Render Infotech LLP guarantees that all aspects of design and construction of the project will be disclosed to the The Client upon completion, and full code, copyrights and ownership will be the property of the The Client once full payment has been received.

Timescales.

All time-frames given for work undertaken are estimates. In no event will Render Infotech LLP be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising from delivering any work within a given time-frame. Payment Milestones should be done on time or else the Project timeline may be affected due to late Payment.

Other

Any amount quoted for website projects, unless explicitly stated or agreed otherwise, excludes hosting of the website, domain name registering, video and image stock licenses and any additional licenses required for the operation/running of the website, outside of those agreed in the proposal.

If the The Client halts work on a project, work completed shall be billed at the hourly rate, and deducted from the total cost quoted. If at the time of the request for a refund, work has been completed beyond the amount covered by the initial payment, the The Client shall be liable to pay for all work completed at the hourly rate stated above.

For every website project a timescale for delivery will be provided. If the project time extends outside of the allocated timescale due to:

  • Lack or delay of correspondence from the client.
  • Slow or delayed delivery of content from the client.
  • Changes to the initial spec/proposal by the client.

An additional hourly charge may be incurred.

Once a website project is complete, unless agreed otherwise, the client has 14 days to request any changes that relate to:

  • Interoperability Errors
  • Small discretionary tweaks
  • Spelling mistakes.

After this period, unless agreed otherwise, changes may become chargeable at an hourly rate.

After a 14 day period, if your website is not hosted on our hosting, unless agreed otherwise, any errors, downtime, detection of viruses, malware, slow loading times or any issues relating to the operation of the website or any system we install are the responsibility of the website host, we will charge an hourly rate if requested to aid in resolving any such errors.

If you choose to host your website with another host other than Render Infotech LLP and during or after the project additional work or correspondence is required from Render Infotech LLP, the additional time will be charged at our hourly rate. (This includes additional time setting up any aspect of the server, correspondence to and from the server host, additional set up time as compared to using our own host). Any cost benefit arrived at by computing the final cost based on the actual time, and effort put in by the development teams shall be provided to Client. Effective working days 5/week. All third-party payments will be borne by the client like domain, hosting server, email/SMS gateway etc.. Taxes additional as applicable.

Render Infotech will own responsibility for fixing any bugs arising out of initial development work handed at the time of project signoff for a period of 20 days (It may vary) from the signoff date. Render Infotech will also be happy to maintain the website, and be available for any future enhancements, product upgrades or changes as may be deemed necessary. Any such engagement shall be charged on daily basis. Domain & Hosting Chargers not included in any quotation. SEO & other works at extra charges. Quotation/ Proposal assumes all content/ images is supplied by client.

 

Website Retainers

Render Infotech LLP may offer at its discretion website maintenance work on a retainer basis.

In the case a set amount of hours are agreed within this retainer, Render Infotech LLP at its discretion, may roll up to 50% of the non-utilized hours onto the following month/retainer period.

Hours may only be rolled over once and not accumulated and are subject to our availability.

 

Hosting

Hosting is invoiced in advance for a minimum of a 1 year period.

You may pay for hosting monthly, we will require written notice in advance should you want to opt for monthly billing, a 15% admin charge may be added to the monthly invoices if this is the case. (this is to cover time and labour of processing 12 invoices instead of 1 invoice).

If you wish to cancel or move your hosting, we require 30 days written notice.

We do not offer refunds for any hosting fees paid in advance.

If you require to move your website/emails to another host, we may provide an export of your website’s source code and database. There may be a fee to provide these files and if any outstanding invoices remain on your account we reserve the right to not release any files until all outstanding amounts are settled.

If your website surpasses the hosting space or usage limit allocated as detailed/quoted an additional hosting charge may be applied, we will notify you via email if this is the case.

If your website or any script/file/resource associated with your website utilizes a large amount of server CPU or RAM, additional work may be required to re-allocate your website to another host or optimise your files. (you will be notified if this is the case and this may be charged at an hourly rate).

Failure to pay hosting fees within the stated terms on your invoice may result in suspension of the hosting service.

After 90 days if payment is not received all files associated to your hosting account will be deleted.

Once any hosting service is cancelled with Render Infotech LLP files and data may be be deleted and not stored unless specially agreed otherwise.

 

Hosting Support

In the case when a problem with your website or email arises, if you’re hosting is through our server you may notify us of the error via email and we will work to resolve any issues.

In the case where an error arises from internal errors we endeavour to resolve any issues inclusive of the monthly hosting cost.

In the case where an error arises through a circumstance caused by the client, a third party to the client or the websites files, an additional charge to resolve the issues may be applied.

I.e. Websites are running slow due to excessive server load – endeavour to resolve any issues inclusive of the monthly hosting cost.

I.e. Websites are running slow due to a modification made by the client – an additional charge to resolve the issue may be applied.

 

Hosting & Website Care Plan

Render Infotech LLP may offer at its discretion a website care plan to provide ongoing support and maintenance work.

Unless stated otherwise your hosting and website care plan entitles you to up to 1 hour of our time per month for support for your website as required.

Hours for care plans maybe used at the clients discretion, where no requests are received from the client within a given period  Render Infotech LLP at its discretion will utilise the time to perform updates/maintenance for the website.

Care plan hours cannot be accumulated or rolled over to a following period.

Terms and conditions for Hosting Services applies.

Domains

In the case that Render Infotech LLP acts on behalf of a client to register a domain the domain will be registered using domain privacy and set to auto renew on expiry.

It is the client’s responsibility to inform Render Infotech LLP if they wish or intend to not renew the domain registration, otherwise the domain will be automatically renewed.

If the client wishes to transfer the domain away from Render Infotech LLP registration service a transfer fee may be incurred.

Source Code/Artwork

We do not release any artwork or source code for any projects until full payment has been received. All designs , graphics and code remain the property of Render Infotech LLP until full payment for the deliverables has been received.

An additional charge may be applied if artwork files are requested in a format that can be edited (PSD, AI).

 

SEO

We recommend a minimum 3-6 month period for all SEO campaigns in order to have the time and resources to effectively achieve results.

We require 30days written notice to cease or cancel any retainer work, including SEO, PPC and social media retainers.

You will still be charged for the current month and may be charged for the following month if 30 days written notice is not given within the 30-day threshold for the end of the month or billable period.

Please note that at any time a search engine may change their ranking algorithm, which may result in massive fluctuations in rankings. We endeavour to allow for any changes but in some cases rankings may be massively affected either positively or negatively, through reasons beyond our control.

Unless explicitly stated otherwise all amounts quoted in all Render Infotech LLP's SEO quotes and invoices are monthly fees.

Please note that our SEO campaigns do not come with a guarantee of sales, enquiries or rankings. We do everything to ensure that we meet the KPI’s agreed in your SEO proposal/agreement, but we cannot guarantee a specific outcome due to the nature of SEO and Search Engines.

Payment Details:

A/C Name: Render Infotech LLP

A/C No: 920020066294062

A/C Type: Current

IFSC code: UTIB0002596

Swift code: AXISINBB227

Micr code: 560211055

Payment made through cheque should be in favor of Render Infotech LLP, Bangalore

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