Shoonyata and all Shoonyata clients are subject to the following obligations:
We are Shoonyata Cloud Computing Pvt Ltd, a private limited company registered in India. Our Registered Office is at 18-1, 17th Cross, East Park Road, Malleswaram, Bengaluru – 560055, Karnataka, India.
1. The quotations given and orders accepted by Shoonyata Cloud Computing Pvt Ltd are subject to the following terms and conditions. No addition or variation of any agreement between Shoonyata Cloud Computing Pvt Ltd and the client/customer shall be binding unless agreed to in writing by management of Shoonyata Cloud Computing Pvt Ltd.
2. Shoonyata Cloud Computing Pvt Ltd follows payment in advance mode for all services they provide. This may be made by cleared cheque,card payment or NEFT or RTGS transfer. We are not in favour of extending credit facilities to customer other than as agreed in writing by management of Shoonyata Cloud Computing Pvt Ltd.
3. Shoonyata Cloud Computing Pvt Ltd’s hosting services are provided on an annual basis. If the customer wishes to renew their hosting services they may do it by notifying Shoonyata Cloud Computing Pvt Ltd 30 days before the end of the year in question. Shoonyata Cloud Computing Pvt Ltd will extend the service based on feasibility.
4. Shoonyata Cloud Computing Pvt Ltd may end its agreement with customer if customer becomes insolvent, breach the agreement in any way or on giving you 28 days notice without cause. In the event that Shoonyata Cloud Computing Pvt Ltd terminates without cause they will repay to customer the charges they have paid for the year in question on a pro-rata basis. Customer may use the site only for agreed purposes. Customer may not use the site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or has any unlawful purpose or effect.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below)
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Customer also agrees:
- Not to reproduce, duplicate, copy or re-sell any part of our site at www.shoonyata.com (our site) and its services.
- Not to access without authority, interfere with, damage or disrupt:
- Any part of our site;
- Any equipment or network on which our site is stored;
- Any software used in the provision of our site;
- or Any equipment or network or software owned or used by any third party.
- To ensure that all usernames and passwords issued to customer are kept safe and confidential. We are not responsible to any consequences of customer’s username or password being compromised and we reserve the right to make a charge in the event that we are required to re-set your password or any other security setting more than three times in any six month period.
- To maintain and renew and SSL certificates for their site. We shall have no liability to customer in the case that an SSL certificate is not renewed on any given date.
5. In the event that customer choose not to renew their agreement or Shoonyata Cloud Computing Pvt Ltd terminates the agreement for a cause, customer must pay to Shoonyata Cloud Computing Pvt Ltd their standard fee for the transfer of data(calculated in accordance with the volume and complexity of data to be transferred) before any data will be transferred.
6. Customer agree to the installation of all upgrades, patches and new versions of the software Shoonyata Cloud Computing Pvt Ltd provides and permit us to access their site at all times
7. Any timescale stated by Shoonyata Cloud Computing Pvt Ltd for delivery of services is an estimate only and time for delivery shall not be of the essence. Shoonyata Cloud Computing Pvt Ltd shall not be liable for late delivery however caused.
8. Any change to the specification of the services to be provided by Shoonyata Cloud Computing Pvt Ltd to customer will not be effective unless agreed by management of Shoonyata Cloud Computing Pvt Ltd. Such changes may result in additional/increased fees being charged.
9. Once any Shoonyata Cloud Computing Pvt Ltd site, service, media or other deliverable is made available to the Client, the client will, by accepting delivery, “Sign Off” the deliverable, if any faults are not reported to Shoonyata Cloud Computing Pvt Ltd as detailed in the following condition.
- Any claim regarding the services delivered by Shoonyata Cloud Computing Pvt Ltd must be notified, by e-mail, to Shoonyata Cloud Computing Pvt Ltd within 5 working days of delivery of the service concerned except where customer have a support contract with Shoonyata Cloud Computing Pvt Ltd, in which case the fault should be reported via the Shoonyata Cloud Computing Pvt Ltd help desk facility.
10. Any credit accounts shall be settled within 30 days of the date of Shoonyata Cloud Computing Pvt Ltd’s invoice to customer and Shoonyata Cloud Computing Pvt Ltd reserves the right to charge interest to you at the rate of 2% per month on the outstanding balance of any overdue accounts such interest to be due in relation to the period both before and after any judgment. Customer shall be also liable for all costs, including legal fees, incurred in the collection of any outstanding balance.
11. Shoonyata Cloud Computing Pvt Ltd reserves the right to withdraw credit facilities and suspend work or withdraw a service on any overdue account until payment is made in full.
12. Shoonyata Cloud Computing Pvt Ltd shall use its reasonable endeavors to provide its services to an acceptable industry standard but makes no warranty,implied or otherwise, that the services provided to customer are suitable for their purposes or that they will correct any particular problem or issue. Shoonyata Cloud Computing Pvt Ltd makes no warranty concerning the suitability or performance of software (whether open source or proprietary) (including any additions and/or modifications thereto) installed, supported or maintained by Shoonyata Cloud Computing Pvt Ltd.
13. Shoonyata Cloud Computing Pvt Ltd’s liability under the contract is limited solely to the value of the price paid by customer in relation to the services at the time that customer make a claim against Shoonyata Cloud Computing Pvt Ltd.
14. Shoonyata Cloud Computing Pvt Ltd shall in no circumstances be liable for any consequential loss, loss of data, loss of revenue or loss of profits of whatever kind and however arising provided always that nothing in this agreement shall seek to limit Shoonyata’s liability for personal injury or fraud.
15. These terms and conditions and the documents referred to in them, together with any properly formulated amendments to either, constitute the entire agreement between the parties to the exclusion of all representations (other than any given fraudulently) and any other terms of business.
16. The contract between Shoonyata Cloud Computing Pvt Ltd and customer shall be governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the local courts.
17. Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the site and services. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of our service to you.
- Immediate, temporary or permanent removal of any posting or material uploaded by you, or others who you permit to access the site, to the site.
- Issue of a notification to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
18. Information and confidentiality
Every effort in good faith will be taken to preserve confidential information from unauthorized disclosure. Except where there is specific agreement to the contrary, our client relationship with customer shall not be treated as confidential information and we may disclose this fact to clients or prospective clients or legal obligations
19. Changes to Terms and Conditions
We may revise this Terms and Conditions at any time by amending this document. Customers will be notified by email whenever there is a change to this document. Customeers must make time to take notice of any changes we make, as they are legally binding on them. Some of the provisions contained in this Terms and Conditions may also be superseded by provisions or notices published elsewhere on our site.