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This Document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

WPExperts Online validly assumes that you have read, understood and agreed to this Terms of Service (ToS) prior to and on availing the services. You shall not register or utilise the services provided by us if you do not agree with any of the terms in this ToS and on registration of the services of WPExperts Online, it shall be deemed acceptance. A legally valid contract is executed between you and WPExpress Online once you agree to the ToS by clicking “I Agree” and you shall be bound by these terms until termination.

WPExperts Online is an online service that offers online WordPress development, support and security services as packaged plans to website operators. Services include, but are not limited to, any service and/or content, WPExperts makes available to, or performs for you, as well as the offering of any materials displayed, transmitted or performed on the WPExperts. WPExperts online and the website https://www.wpsexpertsonline.com/ along with services (“Services”) it provides are owned and operated by Xpetize Technology Solutions Pvt. Ltd. Hereinafter, the terms “WPExperts Online”, www.wpexpertsonline.com, the “Website”, Xpetize Technology Solutions, “We”, “Us”, shall refer to and includes Xpetize Technology Solutions. The terms “User”, “You”, “Your” denotes the authorised/ registered user who avails the Services.

Eligibility

To use the Services, it is compulsory to register and subscribe to Our Services by choosing and making payments for any of the subscription plans mentioned https://wpexpertsonline.com/plans/

You are eligible to subscribe to our Services only if:

a. You are a natural person, above 18 years of age and competent to enter into a valid contract as per the Indian Contract Act, 1872. Persons who are ‘incompetent’ to contract, including minors, undischarged insolvents etc., are not eligible to subscribe or utilise the Services.

b. You are fully authorised if you are subscribing on behalf of your company/ firm/ LLP or other entities.

c. You provide complete and accurate information about yourself including your full name, age, sex, valid email address and such other information required.

Payments

To make payments towards subscription of Services:

a. You are required to choose a subscription package suitable that suits your needs.

b. A valid credit/ debit card/internet banking is required for making payments. We do not accept cash payments or other modes.

c. You will be charged a standard monthly/ quarterly/ annually fee based on your account type. The Service is billed in advance for each month/ quarter and is non-refundable under any circumstances. There will be no refunds or credits for partial months of service, or refunds made should you not use the service during a period of time when your account is open.

d. Your credit card will be charged automatically on a monthly/ quarterly/ annual basis, depending on your subscription type unless you cancel your subscription. e. For any updgrades/ downgrades on subscription plan, your credit card will be automatically charged as per the new billing rate immediately.

f. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Changes in Pricing and Service

To make payments towards subscription of Services:

a. You are required to choose a subscription package suitable that suits your needs.

b. A valid credit/ debit card/internet banking is required for making payments. We do not accept cash payments or other modes.

c. You will be charged a standard monthly/ quarterly/ annually fee based on your account type. The Service is billed in advance for each month/ quarter and is non-refundable under any circumstances. There will be no refunds or credits for partial months of service, or refunds made should you not use the service during a period of time when your account is open.

d. Your credit card will be charged automatically on a monthly/ quarterly/ annual basis, depending on your subscription type unless you cancel your subscription. e. For any updgrades/ downgrades on subscription plan, your credit card will be automatically charged as per the new billing rate immediately.

f. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Changes in Pricing and Services

We reserve the right at any time and from time to time to amend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly/ quarterly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to wpexperts.com and/or emailing you. We shall not be responsible to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

User Representations

On using the Services, You hereby understand and acknowledge the following:

a. Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this service.

b. You agree not to share, resell, duplicate, reverse engineer, reproduce or exploit any part of the service without Our express written permission.

c. You agree that the contents provided by you are purely your responsibility and we assume no liability over such contents.

d. You hereby unconditionally agree that You will not post or transmit, or let Your Authorised Users post or transmit, via Our Services:

i. any contents or materials containing profanity;

ii. any contents or materials which are false, inaccurate or misleading;

iii. any material containing viruses or other malicious /harmful codes currently known or futuristic, or any other disruptive or harmful components;

iv. contents that contain cyber bullying, spams, junk or other related material;

v. any false, defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, pornographic, child pornographic, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities and/or objectionable materials and contents;

vi. any contents or material which may infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights unless You obtain rights therein;

vii. contents that violates or infringes the privacy or publicity or other rights of any party;

viii. materials or contents that violates copyright, trademark, or other intellectual property rights;

ix. contents that contain advertisement, solicitations, links to illegal activities including but not limited to money laundering, gambling etc;

x. contents or materials that hurts the religious sentiments or instigate hatred between communities, castes, people following different religious beliefs or any material which threatens the unity and integrity of India;

xi. any content or material which violate any law or statute; or which violates consumer protection, engages in unfair competition, anti-discrimination or false advertising etc;

xii. any content or material which could be harmful or potentially harmful to Our Server structure as determined at Our sole discretion, including without limitation overloading the Our technical infrastructure;

e. You hereby unconditionally agree that You shall use this Service only for legal and legitimate purposes and in compliance with this ToS and that the Services shall be used only in connection with Your business/ personal requirement.

f. You shall not, while utilising the Services:

i. Access, tamper with, penetrate or use – Our servers, computers, (including those of its 3rd party service providers), or other parts of WPExperts Online which do not for part of the Service.

ii. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

iii. Interfere with, or disrupt, (or attempt to do so), the access of any other user(s), or Other customers/clients of WPExperts Online, including, without limitation, sending a virus, malicious code, overloading, flooding, spamming, the Services, or by scripting the creation of your content in such a manner as to interfere with or create an undue burden on the Services.

iv. Sublease Your subscription to third parties.

Third Party Service Provider

1. Razor Pay

2. Sumo Me

3. Idevaffiliate

We utilise the service of various third party service providers in bringing you this Service. While availing our Services, You hereby agree to be bound by the relevant terms and conditions of the third party service provides whose services We utilise. You may go through the terms and conditions/terms of usage of these third-party services providers below.
1. https://sumo.com/tos
2.https://www.idevdirect.com/policies.php
3.https://razorpay.com/terms/

Content Rights

All rights pertaining to any contents uploaded/ provided by you belongs to You or their respective IP rights holders. We do not claim any rights whatsoever in Your contents. You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling any and all of your Content displayed on or in connection with your webpage. It shall be your responsibility that the your content must not infringe applicable laws or regulations or breach any of the terms in this ToS.

We shall not be liable for any third-party claims on Intellectual Property rights with respect to your contents.

Intellectual Property

Xpetize Technology Solutions Pvt. Ltd. shall be the sole and exclusive owner of WPExperts Online and its Services. All Intellectual Property rights of any third party service utilized remains with its respective owners. You shall not under any circumstances have any claim to any intellectual property rights in any part of the Services with the exception of you contents. You shall not misuse or use the trademarks and copyrights of WPExperts Online without proper written authorisation.

All trademarks, logos, and service marks displayed on www.wpexpertsonline.com are registered and unregistered Trademarks of Xpetize Technology Solutions Pvt. Ltd. and/or third parties who have authorized their use (“Trademarks”) and You shall not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials contained on www.wpexpertsonline.com are copyrighted except where explicitly excluded otherwise. In the event of any violation of the intellectual property rights of www.wpexpertsonline.com, the same shall be viewed seriously and We reserve its discretion to initiate appropriate legal action including criminal prosecution.

Disclaimers and Warranties

EXCEPT AS PROVIDED AND STATED IN THIS ToS, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE MAKE NO CLAIMS, WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE EXPRESSLY WAIVES AND DISCLAIMS ANY AND ALL IMPLIED CLAIMS, WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WITH RESPECT TO THE SERVICE WE PROVIDE.
We do not guarantee an uninterrupted Service as the uptime depends on several factors beyond our control including but not limited to your internet connection, its speed and availability, availability of hardware requirements at your end viz., computer, smartphone etc., electricity, uptime of the cloud service where we have hosted our applications etcetera. Services may also be interrupted when some of the contents You post or share does trigger Our (including our service provider’s) malicious code and virus blocking system and we take no responsibility of such interruptions even in cases of false triggers.
You are responsible for all contents and comments posted by you. We shall not be responsible or liable for any contents or comments posted through our Services and shall not be responsible for any consequential damages.

We shall not be liable for any default or interruption in Services attributable to events beyond our reasonable control. Such events (the “Force Majeure Events”) shall include acts of God, fires, explosions, accidents, unusually severe weather conditions, embargoes, wars, riots, labour disputes, strikes, governmental requirements, hacking, server mal-functioning and any other similar events.

Indemnification

You hereby agree to indemnify, defend, and hold WPExperts Online and our affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute, or demand related to the use of the Service and for violation of any of the provisions of this ToS, or from Your placement or transmission of any materials or content onto the Our (our service provider’s) servers. Such liabilities may include, but are not limited to, those arising from the following: (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; and/or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (iv) any damage or destruction to Our scripts/servers/equipment or to any of Our clients, which damage is caused by or otherwise results from Your acts or omissions including those of your designates and authorised personnel; (v) any personal injury or property damage arising out of Your activities related to the Services; and (vi) any other damage arising from Your equipment or business.

Limitation of Liability

You shall be solely responsible for the consequence of the use of the Services.

We shall not be liable for any indirect or consequential loss, damage, cost or expenses of any kind, whatever and however caused whether arising under contract, tort (including negligence) or otherwise, including loss of production, loss of or corruption of data, loss of profit or of contracts, loss of operation time or loss of goodwill or anticipated savings, even if the we were advised of their possibility.

It is hereby made clear that WPExperts Online’s total liability (whether in contract, tort, including negligence, or otherwise) under or in connection with this ToS and any other agreement with You relating to the Services or based on any claim for indemnity or contribution shall not exceed __% of the sum of the Fees You have paid to Us within the preceding year.

Suspension of Service

In the event of any violation of the provisions of this ToS or on reliable written complaint from third parties alleging disparaging content or intellectual property violation, then WPExperts Online at its sole discretion after intimating You in writing with or without any reasons adduced, may suspend the Services.

Suspension shall specifically include the disabling of Your Account and/or any access to information or data related to Your account for such periods as mentioned below.

In the event of any such suspension You will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated. No refunds

requests shall be entertained for or during the period of suspension or termination of Your account.

Termination

To avail the Services You are required to make payments as per one of our payment plans. The Services shall be terminated for non-payment in case your credit card payment has been declined and payment has not been made within a period of [] days from due date.

We reserve the right to terminate the Services forthwith in the eventuality of You breaching any of the terms of this ToS. Termination for breach does not entitle you for any refund.

You may terminate our Services any time, however no amount shall be refunded in case you stop using our Services prior to expiry of your Term.

Modification

We hereby reserve the rights to modify or update any of the terms of this ToS without a direct intimation to you. However, We may exhibit a general notification on our website to that effect. You are required to periodically check the ToS for any changes or modifications. Your continued use of the Service post modification confirms your acceptance of the same.

Assignment

This Service is being provided to You and/ or your authorised users You do not have the permission and You shall not assign the Service to a third party for any reasons whatsoever.

We may assign the responsibility of providing the Services, to its affiliates, associates including subsidiary, parent company or sister concerns without any notice to You provided such assignment will not cause any interruption in the Services

. Dispute Redressal

Any dispute, differences or controversy of whatever nature howsoever arising under or out of or in relation to this ToS (including its interpretation) shall, in the first instance be attempted to be resolved amicably by conciliation, and if not resolved by conciliation shall be finally decided by reference to arbitration subject to the provisions of the Arbitration and Conciliation Act, 1996.

The Parties ( WPExperts Online and You) shall mutually appoint a sole arbitrator. If the Parties fail to mutually appoint a sole arbitrator, then WPExperts Online shall recommend and finalise the sole arbitrator.

The venue of such Arbitration shall be Ernakulam, Kerala, India and language of Arbitration shall be English.

The arbitrators shall make a reasoned award (the “Award”) and such award shall be final and binding on the Parties.

Jurisdiction

This ToS shall be governed by and construed in accordance with the laws of the Republic of India. In any case, for supervisory and injunctive relief, this Agreement and any dispute arising out of this Agreement shall be subject to jurisdiction of city of Ernakulam, Kerala, India. The Courts in Ernakulam, Kerala, India will have the exclusive jurisdiction to govern the provisions of this ToS.