Terms And Conditions


Terms and Conditions of Website Development

1. Definitions
The following Terms and Conditions document is a legal agreement between The Spiders, hereafter “the Developer”, and “the Client” for the purposes of website design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.The Developer is an Internet web design and development provider offering the Client graphical design, HTML, CSS, Javascript, PHP, WordPress and other related computer programming languages.

2. Acceptance of Work
Quotations are valid for 30 days from date of issue. When the Client places an order to purchase a website or website updates from the Developer, the order represents an offer to the Developer to purchase the website or website updates. No contract for the supply of services exists between Client and Developer until the Developer sends an invoice to the Client for payment. The invoice equals acceptance by the Developer (or third party supplier) of the Client’s offer to purchase services from the Developer and this acceptance of work is a valid contract between Client and Developer. Any other services on the order that have not been included in the invoice do not form part of the contract. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records. The Developer is liable to withdraw  from the contract at any time prior to acceptance. Additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by the Developer on receipt of specification. If the work is needed as part of an existing project, then this may affect time scale and overall delivery time of the project. If a functional specification and a set of testing criteria is included within the quotation, the Developer is responsible for fulfilling the testing criteria as the sole criteria for completion of the contract. The Client agrees that the standard development platform (available upon request or at our website http://www.thespiders.in/index.php/terms-and-conditions/) is an agreeable platform for development of the website and all acceptance testing will occur only on the standard development platform. The Client further agrees that any requests relating to hardware or software outside the standard development platform will be deemed additional work. The Client agrees to provide any needed information and content required by the Developer in good time to enable the Developer to complete a design or website work as part of an agreed project. Any work is subject to a minimum charge of Rs 2000.

3. Permission and Copyright
Copyright of the completed web designs, images, pages, code and source files created by the Developer for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Developer. These terms of use grant a non-exclusive limited license so that the Client can use the design on one website on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Developer. The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the Developer. The Client hereby agrees that all media and content made available to the Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Developer from any claim or suit that may arise as a result of using the supplied media and content. The Client agrees that the Developer may include development credits and links within any code the Developer designs, builds or amends. If the Developer designs a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on the Client’s website. If the Developer builds or amends a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on the Client’s web page, which may be within the code but not displayed on a web browser if requested by the Client. The Client agrees that the Developer reserves the right to include any work done for the Client in a portfolio of work. The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Google-maps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.

4. Material
The Developer reserves the right to refuse to handle:

  • Any media that is unlawful or inappropriate.
  • Any media that contains a virus or hostile program.
  • Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
  • Any media that constitutes a criminal offence, or infringes privacy or copyright.

5. Domain names and Hosting
The Developer can, at its own discretion, but is not obliged to, offer domain name registration and hosting via a third party service. The Client agrees that registration of a domain name does not provide endorsement of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. The Developer holds no liability and the Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s registration of a domain name. The domain name is registered in the Client’s own name, with the address and contact details of the Client. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services. The Client agrees to take all legal responsibility for use of third party domain name and hosting services and supply truthful details to the third party services. The Client agrees that information submitted for registration of domain names is then available to the general public via the Nominet Whois system. However, Clients who are using their website for non-trading purposes may ask the third party registrar for their contact information not to be included in the Nominet Whois system. The Client is liable to pay the Developer for any domain name registrations and the initial set-up of the hosting if included as part of the website build. Any support relating to the domain name, hosting and email services is between the Client and the third party service. In case of migrating Client’s website from the original hosting to any other third party hosting or Client’s own hosting, migration charges must be paid by the Client to the Developer unless it is mentioned otherwise in the quotation. Any other domain name and hosting services or costs not included by the Developer, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services. The Client agrees to pay the domain name and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third party service. The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client. Payment for domain name and hosting services is to be made immediately on receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the Client’s domain name becoming available to another party and/or the website and email services becoming unavailable. The Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account that the Developer requires to upload the website if required as part of a project. The Developer reserves the right without notice to cancel, reject or refuse work with domain names or hosting services  for such rejection or refusal. The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services. The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services.

6. Projects
The Client agrees that an HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by Internet browser software. The Developer agrees to try to match the design as closely as is possible when building the code. During a website project it is important that the Client communicates information to the Developer to achieve the required result. The Client agrees they are permitted a maximum of 4 hours of alteration on projects, unless quoted otherwise. All alterations are to be requested in writing either by email or postal mail by the Client. After the allocated time for alterations is used up, either in design or coding, the Developer reserves the right to advise the Client of such and send a separate quotation to the Client and to request payment for any further alterations. The Developer reserves the right to request payment be received for further alterations before continuing work. Upon completion of agreed design, the Client is asked to confirm in writing by email or postal mail that the design and the screen size is signed off as complete and agree that any further design alterations are chargeable. If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, the Developer reserves the right to quote separately for these alterations. If optimized pages are included as part of the project, the Developer will optimize the Client’s web pages that already make up part of the project. Optimized pages is not creation of new pages. The optimization of the web pages can include the meta tags, keywords, description, title, alt tags and text provided by the Client. The Developer endeavors to create pages that are accessible to search engines. However, the Developer gives no guarantee that the site will become listed with search engines. If an error or issue with the design or code arises during the project, which does not allow the design or code to match the original specification, then the Client agrees that the Developer can apply a nearest available alternative solution. The Developer at all times applies reasonable skill and care in provision of services.On request, the Developer can create a copy of the website on one CD/DVD to be posted to the Client on project completion. A small charge will be made to cover the cost of this, unless quoted otherwise. Once the project is completed, the Developer will upload the website to the Client’s live web address if included as part of a project. After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If the Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then the Developer reserves the right to quote for work to repair the website. The Developer reserves the right to assign subcontractors in whole or as part of a project if needed. The Developer will keep a copy of the site and design source files when a website project is being worked on. However, the Client agrees that it is their responsibility to have regular backups made by themselves or the third party hosting services in case of a software or hardware failure at the third party hosting servers. All communications between Developer and Client shall be by telephone, email, Skype, Whats-app, Facebook or postal mail, except where agreed at the Developer’s discretion.

7. Accessibility & Web Standards
The Developer tests sites and templates to ensure they comply with WAI accessibility standards to Level A conformance at time of sale. Should the Client request that the Developer alter the site or templates to meet specific WAI accessibility guidelines, or if updated WAI accessibility guidelines were introduced after the site or templates were sold to the Client, the Developer reserves the right to quote separately for any additional work needed. If the Client uses CMS systems that are not built by the Developer, the overall page may not meet WAI accessibility standards to Level A conformance. The Developer tests sites and templates to ensure they comply with W3C CSS standards as they are at time of sale. Should updated W3C CSS guidelines be introduced after the site or templates were sold to the Client, the Developer reserves the right to quote separately for any additional work needed. If the Client uses CMS systems that are not built by the Developer, the overall page may not meet W3C CSS standards. The Developer tests sites and templates to ensure they comply with W3C HTML standards as they are at time of sale. Should updated W3C HTML guidelines be introduced after the site or templates were sold to the Client, the Developer reserves the right to quote separately for any additional work needed. If the Client uses CMS systems that are not built by the Developer, the overall page may not meet W3C HTML standards. The Developer shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the standard development platform, which includes recent versions of the main browsers, Google Chrome, Mozilla Firefox, Opera and Safari. The Client agrees that the Developer cannot guarantee correct functionality with all browser software across different operating systems. The Client agrees that, following handover of files, any updated software versions of the browsers detailed in the standard development platform, including the browsers Google Chrome, Mozilla Firefox, Opera and Safari, domain name set-up changes or hosting set-up changes thereafter may affect the functionality and display of their website. As such, the Developer reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software, domain name or hosting changes. The Client agrees that more advanced applications on a website page may require a newer browser version or plug-in.

8. Payment Terms
Prices are subject to change without notice. All quoted prices are exempt of VAT. All invoices must be paid in full within 7 days of the invoice date, except where agreed at the Developer’s own discretion. The Developer reserves the right to decline further work on a project if there are invoices outstanding with the Client. The Developer reserves the right to remove its work for the Client from the Internet if payments are not received.

9. Liability and Warranty Disclaimer
The Developer provides their website and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Developer cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete, however the Developer will make the best efforts to make the Client’s website error free and uninterrupted. The Client agrees that the Developer is not liable for any bugs, performance issues or failure of their Wordpres Content Management System as WordPress is open-source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the WordPress community via wordpress.org. The Client agrees that the Developer is not liable for any bugs, performance issues or failure of their Joomla software as Joomla is open-source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the Joomla Development community via joomla.org. The Developer endeavors to provide a website within given delivery time scales to the best of its ability. However, the Client agrees that the Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale. The Client agrees that the Developer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services. The Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover of files from Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use. Whilst every effort is made to make sure files are error free, the Developer cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If, after handover of files, errors are found in code the Developer has created and the standard development platform, domain name set-up and hosting set-up are the same as when work began, then the Developer can correct these errors for the Client free of charge for a period of 3 months, after acceptance of the work. After the 3-month period, the Developer reserves the right to quote separately for any work involved in correcting an error. If, after handover of files, errors are found in code the Developer has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, the Developer can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up. Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Developer reserves the right to cancel forthwith any projects and invoice the Client for any work completed. The Developer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Developer has been advised of the possibility of such damages. There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce. The Developer may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The Developer reserves the right to quote for any updates as separate work. The Client agrees that the Developer is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

10. Maintenance

This agreement is between the Developer and the Client. Client is contracting the Developer as a provider of web site maintenance services. Services not considered ‘standard website maintenance’ are subject to be charged at a regular hourly rate of Rs 200 or as mentioned otherwise in the quotation, and will not be considered part of this contract. The minimum charge for maintenance is Rs 10,000 yearly, any additional work that is included in this agreement will be charged at Rs 200/per hour or as mentioned otherwise in the quotation.

What IS included in this agreement:

  1. Edit, revise or update textual/minor graphical content.
  2. Consultation, and guidance on the use of the web site.
  3. Onpage SEO (if SEO services are included in the quotation or else the Developer can quote the Client separately) such as Meta tags (title, description, keywords), alt tag, h1, h2, h3.
  4. Regular monitoring and updating to ensure impeccable performance across all major browsers due to the fact that not all browsers render sites in the same way.
  5. Protection against hackers from gaining access to your site (if Website Protection and Security services are included in the quotation or else the Developer can quote the Client separately). We can also protect your emails from spam attacks, which can be troublesome and frequent if not dealt with efficiently (if Email Spam Protection services are included in the quotation or else the Developer can quote the Client separately).
  6. Regular and thorough backups of your site so that it may be fully restored in case of loss (It is applicable only then, when it is mentioned in the quotation or else the Client has to perform the backups, only restoration of the website will be the liability of the Developer in such case).
  7. The Developer is here should the Client need any consultation and advice.
  8. Monitoring your website functionality to ensure that everything is working as it should and upgrade where necessary. Some plugins may become outdated and no longer work with the newest version of your website software. Plugins may need upgrading to accommodate the newer version, or become obsolete with the improvements in the website software.
  9. Downtime is highly inconvenient for any website owner and when it happens it is important to have someone on hand to help. The Developer should assist you in such case if the hosting for the website is provided by the Developer. In case the hosting is provided by any third party or by the Client the Developer may assist the Client by liaising with the third party hosting company to sort out the situation as quickly as possible but in such case additional charges will be applied at a rate of Rs 200/hour.

What is NOT included in this agreement:

  1. Website re-alignment or re-development.
  2. Additional products or services
  3. Stock management for eCommerce websites
  4. Web site redesign equaling more than 50% change to web graphics on the website (excluding product images in case of an eCommerce website). For example, 4 graphics on website, and the Client want 2 changed, there is a charge for anything above 2, meaning 50%.
  5. CMS design or integration including but not limited to blogs, shopping carts and web forums. These require a separate design agreement.

**If the Client want any feature that is not included in this maintenance agreement additional charges will be applied at a rate of Rs 5000 per feature per year.

Total Agreement:

The Developer shall provide the Client with minor updates to the web site for 1 year. The contract will be paid on a Yearly Basis with the 1st payment due as soon as initial work is complete and each payment due around the date of initial payment of each year.

During the duration of this contract, the Client agrees that the Developer will be the sole provider of maintenance services for the web site, and no other party will have access to or rights to change the web site. If a party other than the Developer makes changes to the web site, any errors that are created must be repaired and will be charged for at the hourly rate of Rs 200.

Deadlines & Deliverable:

The Developer will respond to all maintenance requests from Client within 48 hours on weekdays and 72 hours on weekends, via email or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after 12:30 GMT may not be completed until the next business day unless prior arrangements have been made. Most work will be done within this time frame, this is mostly precautionary.

The Developer will adhere to all quoted deadlines for the deliverable s in the maintenance requests at all possible costs. In the event that the Developer has any issues in delivering on a quoted deadline, Client will be notified via email or telephone the reasoning for any change.

Additional Services:

Any revisions, additions or redesign Client requests the Developer to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment. The Developer shall advise Client on any requested work that falls within these bounds.

Authorization:

Client hereby authorizes the Developer to access their web hosting account, providing active user name / password combinations for access to the server via FTP or C Panel of the hosting provider, assuring that ‘write permissions’ are in place on said hosting provider.

11. Indemnification
The Client agrees to use all Developer services and facilities at their own risk and agrees to defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Developer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name. The Client also agrees to indemnify, hold harmless and defend, the Developer against any liabilities arising out of injury to property or person caused by any any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.

12. Nondisclosure
The Developer and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the Developer to another party, unless directed by the Developer.

13. Privacy Policy
The Developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Information Technology Act, 2000. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer them services or products that may be of interest to or benefit the Client.

14. Interpretation
The Developer reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. No refunds will be given in such a situation. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law. Any and all matters pursuant to this agreement are governed by Indian Law and are under exclusive jurisdiction of the Indian Courts. This agreement shall be governed by the laws of India which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law. By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions. The Developer reserves the right to alter these Terms and Conditions at any time without prior notice. The latest Terms and Conditions can be found at the Developer’s website at terms-and-conditions.

15. Statutory Rights
These Terms and Conditions do not affect your statutory rights as a consumer.

Terms and Conditions of Website Hosting

1. Definitions

The following Terms and Conditions document is a legal agreement between The Spiders, hereafter “the Supplier”, and “the Client” for the purposes of web hosting. These Terms and Conditions set forth the provisions under which the client may use the services supplied.

2. Supplier’s Responsibilities

The Supplier is responsible for providing the client with the following:

  1. Webspace capable of hosting their site for reasonable usage as detailed in the Hosting Agreement.
  2. Technical support as defined under the Hosting Level document. If undefined, all hosting will be at the Basic hosting level.

3. Exclusions from the Service

The following are specifically excluded from the service:

  1. The cost of domain name registration is specifically excluded from the cost of the service.
  2. Any access by the client to the client’s webspace via FTP or means other than a standards-compliant HTML web browser.
  3. Advice or support to enquiries received from unauthorised users.
  4. Advice or support to enquiries outside the Hosting Level document.
  5. Adult content.
  6. Spam.
  7. Bulk distribution of email exceeding 50 recipients.
  8. Any content in contravention of any Indian or international law.
  9. In case of migrating Client’s website from the original hosting to any other third party hosting or Client’s own hosting, migration charges must be paid by the Client to the Supplier unless it is mentioned otherwise in the quotation.

4. Client’s Responsibilities

  1. The client is responsible for ensuring that they will not display via the webspace any materials that:
    1. Break, contravene, infringe or violate any Indian or foreign laws or regulations.
    2. Break, contravene, infringe or violate any intellectual property rights of the Supplier or any other third party.
    3. Are defamatory, slanderous or rebellious.
    4. Are harassing or threatening.
    5. Are discriminatory based on gender, race or age, or that promote hate.
    6. Contain viruses or other computer programming defects that result in damage to the Supplier or any third party.
  2. The Client accepts that they may only utilise the bandwidth allocated to them in the relevant Hosting Package. Additional fees will be charged for exceeding the relevant bandwidth allowance on the selected Hosting Package.
  3. The Client accepts that they will use only properly licensed third party software in relation to the service.
  4. The Client acknowledges that backups and site maintenance remain their responsibility and are not written or implied in this contract.
  5. The Client acknowledges that while The Spiders will provide a good level of service, no guarantees of uptime are made within this document.

5. Contact with the Supplier

The Client acknowledges and recognizes that all contact with the Supplier in the first instance should be made via email to contact@thespiders.in or to the company number (+91-9748042028/ +91-9433795330). No other method of contact will be available.

6. Fees

The Service Charge shall be as agreed in the Hosting Agreement. Any changes to the value of the Service Charge shall be notified by email to the Client and shall take effect from 30 days of this notification.

In case of migrating Client’s website from the original hosting to any other third party hosting or Client’s own hosting, migration charges must be paid by the Client to the Supplier unless it is mentioned otherwise in the quotation.

The Service Charge does not include the Domain Name Registration Fee.

The Yearly Fee for the service shall be paid by the Client in advance of the applicable Service Year. The Supplier reserves the right to refuse service to the Client should the Yearly Fee not be paid in advance of the Service Year. In such instances, if a Client’s account is suspended there shall be a Rs 5000 reactivation charge, which can only be waived at the Supplier’s sole discretion.

No refunds shall be provided at any time for cancellation of services.

7. Permission and Copyright

The Client hereby agrees that all media and content on the site are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Supplier from any claim or suit that may arise as a result of using the supplied media and content.

8. Indemnification

The Client agrees to use all the Supplier services and facilities at their own risk and agrees to defend, indemnify, save and hold the Supplier harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Supplier or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. The Client agrees this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.

The Client also agrees to defend, indemnify and hold harmless the Supplier against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which are harmful to any person, business, company or organisation.

If the Client is registering the service on behalf of a third party, the Client hereby confirms that they have received their prior written consent to do so and their agreement to these terms and conditions. The Client hereby indemnifies the Supplier against any actions or legal proceedings from any third parties relating to any such registrations.

The Client agrees to indemnify the Supplier and employees and directors against any action arising from action on the part of Authorised or Unauthorised Users of the service.

9. Nondisclosure

This agreement authorizes the Supplier to use any information provided to them as required for the purpose of providing the service. The Client hereby irrevocably waives any and all claims and causes of action that the Client may have arising from such disclosure or use of the service registration information. The Supplier agrees that any information received from the Client will not be used in any way except for the purposes stated in this agreement. The Supplier will take reasonable precautions to ensure that any information provided by the Client is protected against loss, misuse, unauthorized access or disclosure, alteration or destruction.

The Supplier and any third party associates agree that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about the Supplier to another party.

10. Privacy Policy

The Supplier and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Information Technology Act, 2000 and also for the following purposes:

  1. To identify the Client in communications with them.
  2. To contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.

11. Limitation of Liability

The Client agrees that the Supplier shall, under no circumstances, be liable for any damages resulting from loss of profits or data arising out of or in connection with this Agreement. In particular the Supplier will not be liable for the following:

  • Interruption of the Client’s business.
  • Events beyond the reasonable control of the Supplier.

The Supplier’s maximum aggregate liability shall not exceed the greater of:

  1. The total amount paid by the Client for the Annual Fee.
  2. Rs 10,000 (INR).

12. Breach and Revocation

The Supplier reserves the right to suspend, cancel or refuse delivery of the service to any Client in the event that:

  1. The Client materially breaches this Agreement.
  2. The Client provides false or inaccurate information.
  3. The Client has outstanding monies owed to The Spiders for greater than 60 days without prior agreement.

13. Force Majeure

The Supplier shall not be liable for any delay or failure in performance of its obligations under this Agreement which is due to or results from any acts, events, omissions, happenings or non happenings beyond its reasonable control, including acts of God, strike, work stoppages, governmental regulations, acts or directives, war, riot, fire, flood, civil commotion, equipment or facilities shortages or delays which are experienced by providers of Internet services generally, or any circumstances beyond its reasonable control.

14. Termination

Termination may be made by either the Supplier or the Client with 30 calendar days’ notice. Such notice must be in writing or in the form of an email.

15. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of India.

16. Statuatory Rights

These Terms and Conditions do not affect your statutory rights as a consumer.

17. Changing Terms & Conditions

The Supplier has the permission to make any modifications to the Terms and Conditions at any time. Changes also count for agreements that have already been made, with observance of a term of 30 days after disclosure by writing or email of the changes that have been made.

If the Client does not wish to agree on the changes in the Supplier’s Terms and Conditions, he can cancel the agreement until the date that the new Terms and Conditions apply, until this date or on the date of receiving the cancellation, if this applies after the commencing date.