TERMS

 

ACCEPTANCE OF TERMS

YOUR USE OF CRESCENTEK IS SUBJECTED TO THE FOLLOWING TERMS AND CONDITIONS. THE PLACE OF JURISDICTION SHALL BE EXCLUSIVELLY IN KOLKATA, WEST BENGAL, INDIA . PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY.

UPON USING OUR WEBSITES, IT IS UNDERSTOOD THAT YOU ACCEPT OUR TERMS AND CONDITIONS AND PRIVACY POLICY. OUTRIGHT SOLUTIONS PVT LTD (which shall now on be referred to as CRESCENTEK in the document) reserves the right to change these Terms & Conditions and Privacy Policy as and when it requires to. You need to check periodically for any changes made in our Terms.
When you use the website in any form and for any reason after we have revised and changed our Terms & Conditions, it means you agree to accept the changes. We are not answerable as to whether you read the Terms and Conditions or not. Do not use this website if you choose not to accept and abide by these Terms & Conditions at any time.
CRESCENTEK provides products, software and manpower Services (collectively, hereinafter referred to as SERVICES) subject to any customer or buyer (hereafter referred to as CLIENT) acceptance of and compliance with the Terms and Conditions. The Terms and conditions shall hereinafter referred to as Terms and the terms and conditions of the Service Level Assurance Agreement (this shall be hereafter referred to as the SLA) outlined below:

SERVICE TERMS:
The Terms of the Agreement will start from the date the Client enrolled for our Services and will end when terminated by either party in accordance with the Terms and SLA.
CRESCENTEK has the authority to use its identifying mark that might come in the form of Logo, Design, URL and other forms. It will come into force without any consent of its customers or clients.

Description of Service:
CRESCENTEK may provide Clients with one or more services. This includes Website Design & Development, Mobile Application Development,affiliated products and/or services, Internet Marketing, Hosting Space, Content Development, e-mail Services, Internet Domain, and/ or Maintenance and Support Services. However, there are other services as well.

Unless explicitly affirmed anything to the contrary, any new feature that augments or enhances the Services shall be said to be part of the Services. CRESCENTEK reserves the right to modify, suspend or discontinue the Services. The reasons for suspension and discontinuation of services (or any part thereof) can be due to non-cooperation, nonpayment of dues in lieu of services of products bought, or unwanted delay from the client. This can take place at any time under the discretion of the company.

The client expressly agrees that he, the Client, or any related third party, shall not hold the company CRESCENTEK nor any of its associates or agents liable or responsible for any losses, damages or consequences whatsoever arising due to the willful and voluntary modification, suspension or discontinuation of the Services.

Access to Information:
For purposes of the Agreement, all the web pages which are owned by CRESCENTEK, and are operated or hosted by it, or on behalf of, are hereby referred to as the CRESCENTEK Websites.
To access CRESCENTEK Services or CRESCENTEK Websites, the Client may be asked or required to provide certain registration details or other information. The Client understands, by accepting these terms and conditions, and acknowledges that all the information provided by the Client will be up to date, correct and complete.

If CRESCENTEK believes that the information that the Client has provided is not correct, complete or current, then CRESCENTEK has the right to refuse Client access to any of its Websites or Services or any of its resources, and to terminate or suspend the Client’s account at any time. Calls may be recorded for training and quality purposes.

Changes to Website:
CRESCENTEK hereby declares that The Company has the sole right to change or remove the website under its discretion. This change may be temporary or permanent. The said change can also be a partial removal component as well, without notice. CRESCENTEK cannot be held liable to anyone for such changes. This includes the Client, third-party vendor or user of any such changes or removal.

Website Hosting:
CRESCENTEK offers to host websites; however, we do not guarantee the availability of services at all time, nor can we predict any interruption of web hosting service by CRESCENTEK. CRESCENTEK cannot be held responsible nor liable to any losses incurred by the malfunction, unavailability or interruption of this service. We reserve the sole right to refuse to handle web hosting service in any way/material that is deemed illegal, offensive or controversial. The Client needs to pay fees pertaining to web hosting and/ or domain names prior to the date of expiration of the service. If the Client fails in this, it may result in the cancellation of the said service by CRESCENTEK and we are not responsible for any data lost due to this.

The database, E-Commerce & Application Development:
CRESCENTEK is not liable for any loss caused by any software that is created for the client.

Regardless of the fact that we take every care to ensure the products are accurate to the best of our effort, the ultimate responsibility remains with the Client. It is up to the Client to ensure that all products and software are functioning properly before use. In instances where sites and applications are developed on servers that are not provided by CRESCENTEK, the Client or the user of the website will be responsible to provide and/or seek any information, support, additional software and/ or cooperation relating to the server required for the application to be developed correctly.

For the development of large applications, the Client will be responsible for offering a suitable testing environment. The said testing environment shall be identical to the final production environment as desired by the Client’s. Any application or programming pertaining to a website developed by CRESCENTEK, it is the responsibility of the Client to test them before making the same generally available for use. CRESCENTEK will endeavor, but is not obliged to correct any problems ranging from errors, bugs or any other issues which are found in the website developed by CRESCENTEK regardless of the problem caused, after the website has been made live to meet the standards of the site’s function outlined in the brief.

Website Design:
We will make every effort to ensure that the website design and any other work carried out by us is free of error; however, CRESCENTEK will accept any responsibility for the losses incurred due to the malfunction of the website or any part of the said website.

Until the Client pays all outstanding accounts, in full, CRESCENTEK shall remain be the rightful owner of the web content, server, graphics, website and any programming code. Any work done or carried out by CRESCENTEK shall remain its own property and copyright of CRESCENTEK unless agreed or stated otherwise. This may also be resold or commercially reproduced with the sole permission of CRESCENTEK alone.

CRESCENTEK will not be liable nor responsible for any copyright infringements. This is commonly caused due to the Client submitting materials online or offline. Any additions to the brief where CRESCENTEK makes no charge will be made at the sole discretion of CRESCENTEK and for such additions, we shall not be liable for any problems or damages caused.

Regarding any additions to our initial products and services, we reserve the right to charge the Client accordingly for any corrections. We will not be liable for any financial loss, or any other kinds of loss, including the loss of compensation or the incurring of any costs due to any activity carried out by the Client. This includes the activities carried out on behalf of the Client, or by any third-party agents appointed by the Client himself or herself. This holds true as well when the Client in question is an organization as a whole.

CRESCENTEK is not liable for any kind of financial loss, for loss of compensation or for the costs incurred due to the unavailability of the website, problems for the servers, any software or other materials provided by its CRESCENTEK and its agents.

Copyright:
CRESCENTEK owns or has the license to or otherwise permitted by law to use the trademarks, copyright and intellectual property rights to the site and its content. This includes, but is not limited to, the design of the website and other items included in it, or a part of it. These may include, but are not limited to graphics, text, source codes and all software connected with the website.

For the moment you start using this website, you agree to access and use the content only for your personal and non-commercial use. Without the prior and written consent of CRESCENTEK, you cannot download, transmit, copy, store, reproduce, sell or distribute the content.

Disclaimers and Limitation of Liability:
The website of CRESCENTEK is provided on an AS AVAILABLE and AS IS Basis. Our company to the extent permitted by the law, is not liable for any kind of damage, the nature of which may be direct, indirect or even consequential damage or loss. This includes, but is not limited to loss of business, data, opportunity and/or profit caused due to the usage of our website. CRESCENTEK does not provide a warranty that the website’s functionality will be free of errors or mistakes, or that it shall be given uninterrupted service or experience, or that any defects will be rectified and/or that the website or the server making it available are free of any malware which may prove to be harmful.

POST DELIVERY SUPPORT:
CRESCENTEK is obliged to provide Technical Support on all projects delivered. However, this the period of such help or assistance shall not be more than one month (30 days inclusive of weekends and other public holidays). Our technical support shall be provided or started from the date of delivery/go live.

It is to be remembered that clause shall not cover projects that not hosted with us, as we cannot support changes made by another provider. CRESCENTEK will be happy to offer assistance for any and all issues arising after the support period specified above. However, all such assistance will be at a cost to the customer. The cost for each help provided shall differ on a case to case basis. The costs per service to be given shall be determined individually.
The term Technical Support has been further defined to cover only the following line items, for understanding the term better:

Errors/Bug fixing. “Technical troubleshooting. “Technical advice. “ Minor changes to the site.
This does not include any structural change, change of design, functional change, or any such change that alters the original scope of the service or project. Support for email configuration on third party mail clients and email configuration on devices such as iPhone/android etc., are restricted to providing configuration settings only.
It is solely on the discretion of CRESCENTEK that it may provide additional information/troubleshooting services at the sole discretion of the company. This may be charged additionally to the customer.

Cancellation & Refund Policy:
Money owed by the client to CRESCENTEK for Services rendered before the verified cancellation date requires to be paid in full. There are no clauses for partial payments in the Agreement. Due to account security and privacy concerns, all requests relating to billing and cancellation needs to be made and submitted, without any exception, in writing or via email. Cancellation requests will only be processed if received in writing and only if explicitly made by the initial authorizing party.

There will be no refunds. This refers to and includes the full or partial amount due to any cancellation requests made by the Client made after the cooling-off period. The said cooling period shall be 7 days from the date of order. For security and training purposes, every call, which includes both inbound and outbound is digitally recorded by CRESCENTEK. These recordings form a part of the verbal contract between CRESCENTEK and the client.

Full payment shall be asked from the client, as well as termination of the contract shall be resulted in the case of any cancellations of services of CRESCENTEK. The Client is obliged to pay in full in case of service cancellations after the cooling-off period. Regardless of the reason behind the said cancellation, the client has to make a full payment of the price which has been agreed on in lieu of the service.

Hosting and/or Domain Renewals:
CRESCENTEK reserves the right to cancel any domain/ hosting service active on its servers. However, it shall do so after, and by providing the clients with a maximum notice period of 7 days. The notice shall be given 7 days before its date of expiry.

The notice will be provided to the clients through one of the following mediums:
First class post which shall be 2 days from the date of posting. Other mediums shall be “ Hand or by facsimile transmission “ Electronic mail “ Phone Call.

The clients are requested to ensure that the service is renewed. Failure to comply with these terms absolves CRESCENTEK of all responsibilities to keep the hosting service active beyond this period.

Domain and/or Hosting Transfer:
The process of transferring Domain and/ or Hosting is as follows
1. It is the responsibility of the Client to send an email request help to us. Contact us at help@crescentek.com. When you contact us, please do so along with details such as the Customer Name & Domain Name.
2. CRESCENTEK Accounts team to provide details of any dues and/or give a clearance within the time period of 3 working days of the request. CRESCENTEK team would provide details such as EPP / Auth Code and offer the Domain in the unlocked state, once all dues are cleared.
3. Upon receiving Auth Code, the customer needs to initiate a transfer request with their new provider.
4. In the case of such transfer request initiated, customers need to inform CRESCENTEK at help@crescentek.com. CRESCENTEK team would then approve the transfer request.
5. Once approved from CRESCENTEK side, it takes around 5 calendar days for transfer completion.
Please note, EPP / Auth Code are valid for limited period only. If the customer doesn’t make use of it within 5 calendar days, a new request needs to be initiated by CRESCENTEK team.

Payment:
Client agrees to pay CRESCENTEK the amount of the service fee. The fee is the charge for any Program or Service in which the Client enrolls in. The payment to be given is pursuant to the terms of the Payment Plan the Client has chosen. This is inclusive of, all applicable taxes without any limitation, if any, in accordance with the billing terms in effect at the time the service fee becomes payable.

The Client expressly understands, acknowledges and completely authorizes CRESCENTEK, in lieu of services and/or products provided to automatically charge the Client. The Client shall be charged to the credit card or debit card or the Client’s bank account. The charge shall be once a month or one time as per the Program requirement.

The Client will be charged as soon as they sign up over the phone. CRESCENTEK reserves the right to pursue alternative means of payment. This shall include and be limited to debt collection services. The customer shall be liable for all costs made due to the collection, including without limitation attorney’s fees.

Payment Collection:
As CRESCENTEK provides a bill through the service for sponsoring the listings, it does so with a significant credit risk for each and every Client. Taking such a circumstance in consideration, the Client is responsible for maintaining an active and valid payment method on file at all times. In the circumstance that the Client’s payment method is not available, then the company reserves the right to turn off the website, completely and temporarily with immediate effect, sponsored listings and pay-per-click ads, both ongoing or then current reporting, production or support Services being provided to account.

If the payment is long due or is not relieved at all, and/or there is no intimation from the Client in relation to payment of bills, then CRESCENTEK reserves the right to cancel, make void or terminate the Agreement completely and retain ownership of the website, the domain name, or other Services until such time the account has been paid in full.
All Term Commitments and early Terminations shall result in an increase of all fees owed under the Terms of the Agreement.
Many clients maintain multiple forms of payment on file to bypass such problems. The Client hereby affirms that it represents, warrants and covenants that:
(i) The Client has sufficient authority to enter into the Agreement;
(ii) The Client is a business and not a consumer. The Client’s use of CRESCENTEK’s services is solely for lawful commercial and business purposes;
(iii) The Client reserves the necessary rights to provide all information provided as part and parcel of the Agreement, for use as described in the document of the Agreement.

Agreement to the Policy: 
You should be aware that when you submit any kind of personal details to our website, you designate your approval to the stipulations given above. In the case of any concerns or queries, you are always free to contact us for further assistance.