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Terms of Service.

This TERMS OF SERVICE (TOS) is by Krayons Web Management, LLP (Krayons), for providing website maintenance services to its registered users here in after referred to as “client”.

  1. Definitions.
    1. Registered User: A client who has a website, and who has willingly decided to avail our maintenance service and who has filled the registration form on our website www.Krayons.biz, completed the payment formalities as per the requirement and who has got the user name and password from Krayons
    2. Customized Tasks: All those tasks whose values are mentioned/not-mentioned in price list provided on the website, and are mentioned as request for a quote.
    3. Work Done: The tasks which has been completed on the request of the client, for which the scope of work had been discussed and documented and approved by the client, and based on the approved scope of work the work was completed and which is sent for client’s approval.
    4. Programming: All those features which includes working with PHP, MY SQL, Ajax, ASP, .NET, MS SQL, MS ACCESS, DHTML, JAVA Script, JAVA, Frameworks etc. used for developing dynamic pages. Programming does not mean works which has been done using HTML & CSS.
    5. Number of days: The number of hours/days taken to complete a requested task
    6. Emergency work days/hours: As mentioned and elaborated in Point 8.
    7. General work days/hours: As mentioned and elaborated in Point 8.
  2. Refund Policy
    1. Due to nature of our business Krayons does not offer any refund or money back for any of tasks services.
      If the client does not want to continue to avail Krayons services, then the client could just cancel your order by sending us a mail and the client would not be billed again.
      Since our services are web based and it is digital in nature we do not entertain any refund / money back request from our clients. Hope you'll understand it.
      In the case of customized quote, where the approved price is above USD 500.00 and if we feel that we cannot do the project for you at that moment then, we would intimate the same to you.
      If an advance was collected for the task, we will also issue a 100% refund for the advance collected, within 45 working days from the intimation.
  3. Registration Terms
    1. Each website has to be registered individually with Krayons on the website www.krayons.biz
      Clients with multiple websites should also register their websites individually. However the user name & password could be the same.
  4. Termination of Service
    1. The client can terminate the service after giving a notice of ONE month prior to the actual termination of the service. Upon termination Krayons agrees not to bill the client for any more months after the date of the actual termination.
      In the event of termination of the service at any time, the client agrees to settle forthwith all payments due to Krayons along with the payment for the notice period.
      Krayons agrees to settle any dues, if any, on termination of the contract as per our refund policy.
  5. Website Presence Management
    1. The Client would give Krayons the FTP access & other relevant accesses required to manage the web presence.
    2. If there is an element of other programming/coded element in the website, the client would give Krayons the source code of the same.
    3. Krayons reserves the right to re-do the entire code if necessary, after discussions with the client.
    4. All charges towards re-doing the code(s) would be borne by the client.
    5. All inputs for managing the web presence shall be provided by the Client.
    6. As all the text inputs are the responsibility of the client, Krayons shall not be responsible for any spelling or grammatical errors in the contents.
    7. To avoid any mis-communication all instructions from the Client shall open “task tickets” for the task requested.
    8. All communications or chat would be based on the ticket number of the ticket opened.
    9. Krayons shall have the right to reject any other form of communications (eg. emails, telephonic or personal visit), for work instructions.
    10. The client would nominate an authorized representative who would interact with Krayons for the Web Presence Management.
    11. Krayons reserves the right to reject any instructions from any other person.
    12. Upon receiving the task instructions, Krayons shall:
      i. assess the task
      ii. estimate the time required for completion of task requested
      iii. seek client approval for the time required.
    13. Krayons would complete the task only on receipt of the payment for the approved task completion timeframe.
    14. Corrections
      i. Completed Tasks would be uploaded on to a test site and approval from the client side.
      ii. Messages sent for approvals would be through the associated tickets only.
      iii. Only TWO corrections/changes would be allowed once the task is uploaded on to the test site.
      Krayons would treat all other corrections as an update and charge accordingly.
      iv. All corrections/changes made after the task is put on the main site, would be treated as a new update only.
      v. Krayons would upload the data to the main site only after receiving the approval ticket.
      vi. The client agrees to approve the job within 48 hrs of getting email from Krayons failing which, Krayons reserves the right to judge the task as completed and raise the invoice.
    15. Uploading of completed task
      i. All uploading of completed task would be done from Krayons office only.
      ii. All uploading of completed task would be done only during working hours of Krayons.
  6. Maintenance of new features
    1. Definitions & Maintenance terms:
      i. “Features” means all those applications developed using PHP, ASP, .net, Java etc. It also involves those databases developed using MySQL, MS Access, MS SQL, Oracle etc..
      ii. “Bugs” means those errors due to which the application does not function or stops working. The corrections of these errors would be done free of cost, under the maintenance plan.
      iii. “Changes” are those where there is a change in the logic to the application developed. These would be charged as per the rate card.
      iv. “Feature upgradation” would mean an enhancement to the existing application developed. These also would be charged as extra at all times irrespective of the maintenance period.
    2. Terms of Maintenance for applications developed at Krayons
      i. All features developed at Krayons would carry a free maintenance of 45 days for any bugs reported.
      ii. All features after the 45 days free maintenance period would be charged on @18% of the project total value, per annum, as its maintenance cost.
      iii. All features developed by Krayons would be supported for a period of 3 years from the start of the first AMC. After which Krayons will not be in a position to support it.
      iv. No source code of the framework would be given to the client.
      v. Any customization would be done around this framework.
    3. Policy on third party features & programs
      i. The client would provide the source code and documentation for the features to be maintained.
      ii. Krayons would not guarantee that the features can be maintained by it.
      iii. If required Krayons would reject the feature and develop a fresh after obtaining written permission from the client.
      iv. Before the maintenance of the feature Krayons does not take the responsibility of the proper functioning of the code.
    4. Server Maintenance
      i. Client would give the required user names and passwords for the maintenance and support of all issues of the server
      ii. All server maintenance would done through a remote access, from Krayons office only
      iii. All task requests for Server Maintenance would be done on receipt of task ticket and approval of costs (if any)
      iv. The client shall be responsible to give all the details for registering/renewing the domain name or hosting, which would include the contact person, contact address, contact email and contact telephone number.
  7. Renewal of those domains not registered through Krayons would be done ONE month prior to the actual expiry of the domain.
    1. The client would ensure to provide Krayons with all the detail of the domain & hosting such as domain Name user name & Password
    2. Under no circumstances what so ever would Krayons be held responsible for the expiry of the domain not registered by Krayons (third party domain registration)
    3. If required, Krayons would shift the domain & hosting from the third party to Krayons authorized registrars & hosting providers, after a written approval by the client.
    4. If the domain has expired prior to the date of requisition to Krayons, Krayons reserves the right to refuse the renewal of the domain.
  8. Bandwidth Usage
    1. The Client Hosted on Krayons server would be allocated a monthly bandwidth allowance.
    2. This allowance varies depending on the hosting package the client purchases.
    3. Should the client’s account pass the allocated amount Krayons reserve the right to:
      i. suspend the account until the start of the next allocation,
      ii. suspend the account until more bandwidth is purchased at an additional fee,
      iii. suspend the account until the client upgrade to a higher level of package,
      iv. terminate the account and/or charge the client an additional fee for the overages.
    4. Unused transfer usage cannot be carried over.
  9. Backups
    1. All backups would be the client’s responsibility, and should be done by the client.
      i. Krayons would assist in backup if the client requests so.
    2. Krayons would not be responsible, under any circumstances, for any loss of data in the database.
  10. Email maintenance service
    1. All requests for email creation/deletion should be sent by ticket only
    2. Krayons would not be responsible for the contents of the mail box
    3. Sending emails per domain would be as per the discretion of the hosting server.
    4. The client needs to clarify with Krayons as to how many emails can be send without disturbing other clients in the shared hosting
    5. Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution and the client should change hosting server accordingly
    6. Any unsolicited e-mail being sent will result in termination of the offending account. Krayons takes a zero tolerance stance against sending of unsolicited e-mail.
    7. Off peak times qualify as all Saturday and Sunday and between 1am to 8am on all days.
    8. All uptimes are at the sole discretion of the hosting servers uptime guarantee
  11. General terms.
    1. It is the client’s responsibility to ensure the email address on file is current or up to date at all times.
    2. Providing false contact information of any kind may result in the termination of the account.
    3. If there is ever an abuse issue or we need to contact you, the primary email address given to us during the time of renewal/registration and which is on the file will be used for this purpose.
    4. If the website on our server contains any material that, in our judgement, is obscene or threatening or is prohibited by the
    5. Krayons would not accept any adult site, pornographic sites or such sites which depicts or causes harm to mankind, for maintenance.
    6. Potential harm to minors is strictly forbidden, including child pornography or content perceived to be child pornography (Lolita):
      i. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice
      ii. Violations will be reported to the appropriate law enforcement agency
      iii. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of our services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
      iv. If you fail to meet any of the above requirements, the order may be considered fraudulent in nature and could be denied.
    7. Zero Tolerance Spam Policy
      i. Krayons takes zero tolerance stance to sending of unsolicited e-mail, bulk emailing, and spam from all its servers.
      ii. Any Client/user who sends out spam mails using Krayons server, Krayons would terminate the client account terminated without any notice.
      iii. Sites advertised/certified via SPAM (Spam vertised) may not be hosted on our servers.
      iv. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet /news groups.
      v. No organization or entity listed in the ROKSO may be hosted on our servers.
      vi. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
    8. Krayons reserves the right to change or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
    9. Krayons reserves the right to charge the holder of the account (client) used to send any unsolicited e-mail a clean-up fee.
      i. This cost of the clean-up fee is entirely at the discretion of Krayons.
    10. Backups and Data Loss
      i. The use of Krayons service is at the client’s sole risk.
      ii. Krayons is not responsible for files and/or data residing on the client’s account.
      iii. Krayons would assist in taking the backup of the data on the server at a cost decided by Krayons
      iv. The Client agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Krayons servers.
    11. Krayons reserve the right to refuse its service(s) to anyone
    12. All services provided by Krayons may only be used for lawful purposes.
    13. The client agrees to indemnify and hold harmless Krayons from any claims resulting from the use of Krayons services.
    14. Use of Krayons service to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work.
    15. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of the client’s account.
    16. If you believe that your copyright or trademark is being infringed upon, please email abuse abuse@krayons.biz with the information required.
    17. The website is the property of the Client and Krayons is only a maintenance contractor who undertakes to abide by any instructions the Client may provide from time to time.
    18. Though Krayons has entered into an NDA with all its employees, and could vouch for the confidentiality of the information provided to him, Krayons is not responsible for the breach the employee has created upon leaving the company.
    19. Krayons reserves the right to make changes to this Terms of Services with or without informing the client. All new Terms of service shall supersede the previous Terms of service.
    20. If in doubt regarding the acceptability of your site or service, please contact us at abuse abuse@krayons.biz and we will be happy to assist you.
  12. Working hours
    1. Krayons would be working on all weekdays (Monday thru Friday), from 10:30a.m. to 6.00p.m IST and is termed as “General Working Hours”.
      i. All other time would be termed as “Emergency Working Hours”.
      ii. Krayons shall remain closed on all Saturdays and Sundays.
      iii. Besides on all general holidays, Krayons would remain closed.
      iv. “General Holidays” would be as per the holiday list provided on our website.
      v. Besides Krayons would remain closed on all those days when some unforeseen incidents take place such as natural calamities, public disturbances/bandhs and agitations, deaths and other government declared holidays vi. All working days would be termed as “General Work Days”.
      vii. Work on any Saturdays, Sundays & Holidays if required would be termed as “Emergency Work Days”.
  13. The limitation of the Service
    1. The service rendered by Krayons is web based and therefore the scope of the service rendered by Krayons is limited to the hosting server’s capabilities & location. If the hosting server does not support any of the services requested by the client, Krayons would be unable to offer the service.
    2. If the website is not hosted on Krayons’s server, Krayons would not responsible for the proper functioning of the hosting server or any of the associated servers and is not responsible for any delay of services from the hosting company.
    3. Krayons would not be able to provide any service due disruptions of work due to some unforeseen incidents take place such as natural calamities, public bandhs and agitations, deaths etc.
  14. Confidentiality
    1. Krayons is aware of the information, provided by the Client is very valuable and gathered painstakingly over a period of time, thus the Client will suffer great harm or loss if the information is used by Krayons for any purpose other than for which it has been made available to Krayons. Accordingly Krayons solemnly undertakes to maintain strict confidentiality of any information/document provided by the Client at any time and also ensure that employees and impendent contractors of Krayons are properly informed of this confidentiality agreement between the parties so that they also conform to it all information and documents provided by the Client will be the exclusive property of the Client and shall be promptly returned to the Client at any time so demanded.
    2. The FTP access and other relevant access made available to Krayons is strictly for the purpose of carrying out its maintenance obligation of the site and for no other purpose, Krayons shall ensure that its employees or independent contractors do not in any manner use or misuse the FTP or other access provided to the company.
    3. Any requests for passwords would be sent only through emails given by the client for any communication by Krayons.
  15. Indemnification
    1. Client agrees that it shall defend, indemnify, save and hold Krayons harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Krayons, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by client, its agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Krayons against liabilities arising out of;
      i. any injury to person or property caused by any products sold or otherwise distributed in connection with Krayons;
      ii. any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party;
      iii. copyright infringement and any defective products sold to clients from Krayons's server.