These Terms and Conditions (“Agreement") governs the use of the services (“Service") that are made available by Simploweb (“Simploweb", “we" or “us"). These Terms and Conditions represent the whole agreement and understanding between Simploweb and the individual or entity who subscribes to our service (“Subscriber" or “you").
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Simploweb may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Simploweb believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
Simploweb may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL):http://simploweb.com/terms-and-conditions/ . You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Simploweb offers Subscribers domain name registration, website hosting, email hosting, website design and development, software development and application development services for the duration of the service term purchased from Simploweb.
Services are provided on the basis of facility and equipment availability. Simploweb reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Access to the web and email servers is terminated upon expiry of the Service.
3. Domain Name Registration
Simploweb offers domain name registration and renewal services as a reseller partner of GoDaddy Inc.. Simploweb processes registration and renewal services through the registrars at its discretion.
You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 90 days of the initial registration, or within 90 days of any successful transfer or renewal of the registration. Simploweb is authorized to deny any such transfer requests.
You acknowledge and agree that Simploweb may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized transfers of your domain name.
Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Subscribers may choose to opt in or out of the Automatic Domain Renewal service via your account control panel.
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.
Subscribers who have purchased their domain name registration at a promotional price are subject to a Domain Transfer Fee when they transfer their registration to another domain name registrar during the purchased registration term.
Subscribers who wish to transfer their domain name registration to another domain name registrar while the registration is expired are also subject to a Domain Transfer Fee for further details drop a mail regarding it to firstname.lastname@example.org.
4. Payments and Invoices
All Simploweb fees and charges are quoted and billed in Indian Rupees unless otherwise noted.
Simploweb uses an automated payment processing system and only accepts credit card, debit card, net banking, NEFT/RTGS or PayPal payments at this time. All Subscribers are required to maintain valid payment information on file for the processing of any applicable service fees. At its sole discretion, Simploweb may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
Simploweb may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.
Invoices for all Simploweb services can be found by logging into your account control panel.
Billing inquiries and disputes should be brought to Simploweb’s attention within 15 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.
If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, Website.com reserves the right to put your domain name into “Registrar Hold" status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.
Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (check for updates by mailing to email@example.com).
Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.
Simploweb reserves the right to modify service fees and rates, effective upon posting on the Simploweb website or on this Agreement.
5. Transaction Fees
Simploweb does not charge you fees relating to the processing of transactions under your account (“Transaction/Convenience Fees"). However, your selected payment processor, such as PayPal or Instamojo, charge you Transaction Fees for each payment you receive. You will be solely responsible for any such Transaction Fees.
6. Termination and Refund Policy
Simploweb may terminate your Service under the following circumstances (non-exclusive list):
- Non-payment of fees
- You are in breach of any term or condition of this Agreement
- Your use of the Service disrupts Simploweb business operations or affects any other party.
All Subscriber data is removed from Website.com servers for such terminations.
You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or case ticket. Our contact information can be found on the Support page of our website: http://simploweb.com/contact-information/
When submitting your cancellation request, you must provide the correct username and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
Refunds will not be given for services that are billed monthly or for one-time service fees, such as web design fees, file recovery fees, domain redemption fees, etc. You are eligible for a refund on hosting services that are not billed monthly under the following circumstances:
- If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund on the hosting fees paid, less any setup fees or one-time service fees.
If your hosting plan includes a free domain name, you may be required to pay an additional INR 1500.00 Domain Reimbursement Fee to reimburse Simploweb for the domain name registration when you do any of the following:
- You cancel your subscription to the hosting plan.
- Your subscription to the hosting plan ends.
- You make changes to your DNS settings.
- You transfer the domain name to another domain registrar.
Only one refund may be issued for each invoice. Simploweb reserves the right to grant or deny any refund requests.
Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.
7. Prohibited Conduct
Simploweb does not allow the use of unsolicited commercial email (“Spam") to promote products or services. Any Subscriber engaging in the sending of Spam through the Simploweb network or promoting information on websites designed and hosted by Simploweb will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with Indian laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
The following is a non-exclusive list of content, and behavior prohibited by the Service:
- Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
- Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Website.com account will result in immediate account suspension.
- Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
- Content or otherwise that exploits children under 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
- Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
You agree that, unless other instructions are posted on Simploweb’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Simploweb posted on the Simploweb website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
Email newsletters will only be sent directly by Simploweb. Subscriber information will not be disclosed or sold to any third parties. You may also be contacted by Simploweb’s designated customer review software provider for customer experience and service feedback.
10. Force Majeure
Simploweb will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
11. Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
12. Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the province of Lucknow and the federal laws of India.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Lucknow for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
13. Age of Majority
Simploweb does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
14. Entire Agreement
This Agreement, as may be updated from time to time and posted at http://simploweb.com/terms-and-conditions/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.