Terms of Service

Effective January 1st, 2010

The use of services and/or buying products from Viztech IT Solutions Limited [hereafter referred to as "Viztech"] constitutes agreement to these terms. You may view our Privacy Policy here.

1.) Project/Product/Service Account Setup

We will setup your project account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address, which is working. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. It is your responsibility to ensure that the contact information for your project account is correct and up-to-date.

Viztech is not responsible for any lack of service or product delivery due to outdated contact information being associated with the project. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account.

2.) Content

All services and products provided by Viztech may only be used for lawful purposes. The laws of the Government of India apply.

The customer agrees to indemnify and hold harmless Viztech from any claims resulting from the use of our services or products.

Use of our services or products 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. The offer of sale of any counterfeit merchandise of a trademark holder using our services or products will result in the immediate termination of your project/product/service account. Any project/service/product found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any project/service/product account found to be in repeated violation of copyright laws will be suspended and/or terminated from our servers. If you believe that your copyright or trademark is being infringed upon, please email privacy@viztech.co.in with the information. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material for our all services/projects/products include:
Proxy Scripts/Anonymizers
Pirated Software/Warez
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Sale of any controlled substance without prior proof of appropriate permit(s)
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Fraudulent Sites
Viztech services/products, including all related equipment, networks and network devices is provided only for authorized customer use.

We reserve the right to refuse service to anyone.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.

Products/projects/services by Viztech and its partner network are regulated only by Indian law.

3.) Payment Information

You agree to supply appropriate payment for the services received from Viztech, in advance of the time period during which such services are provided. You agree to supply appropriate payment for the products received from Viztech, in advance.

Cancellations request for any service must be done in writing via the cancellation request sent at info@viztech.co.in. Once we receive your cancellation request and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your project has been canceled.

If you do not hear back from us, or do not receive the confirmation email within a few days after submitting your cancellation request, please contact us immediately via other available contact methods. We require that cancellations of services are done through the online request to (a) confirm your identity, (b) confirm in writing you are prepared for all files/data to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, data, and project may be removed immediately after a cancellation request is processed.

As a client of Viztech, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Viztech of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed, unless otherwise stated in writing by Viztech. Viztech reserves the right to bill your credit card or billing information on file with us using PayPal. Viztech provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in a $10 late fee and/or a project suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Viztech for services rendered. Access to the project will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via email at sales@viztech.co.in after paying for a project service and to ensure the email is received and acted upon. Payment notices and invoices are provided as a courtesy reminder and Viztech cannot be held responsible for failure to notify a customer about a due payment apart from its regular channels.

It is the customer’s responsibility to notify our sales team via email at sales@viztech.co.in for any service cancellation. No refunds can be given, once a service is provided. All services provided are final.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@viztech.co.in

Viztech reserves the right to change the project payment amount and any other charges at anytime.

4.) Backups and Data Loss

Your use of our products and services is at your sole risk. Once the product or service project is completed and deployed at client side, we are no longer responsible for backup management. In case of any data loss at client end after deployment, we might assist by providing the last copy available with us but we are not responsible to provide any assistance in such case.

Viztech is not responsible for files and/or data provided for your projects or products. You agree to take full responsibility for files and data used and to maintain all appropriate backups of files and data provided to Viztech.

5.) Cancellations and Refunds

Viztech reserves the right to cancel, suspend, or otherwise restrict access to the service and/or a product at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation request sent at info@viztech.co.in about their service or product. Viztech doesn’t give you any money back guarantee on web design and application development services or products.

Any kinds of payments are non-refundable, and in some cases refunds will be provided as credits for future purchase. These cases can be below:

a. Payment was not to be sent to us – if there has been a purchase related to this point in form of service or product then it will not be entertained
b. Viztech agrees to offer a refund for a special situation

Viztech will not provide services and products for customers who have an outstanding balance with Viztech. Please note that there can not be a refund as if a service or product has been delivered but this can be exempted at the own will of Viztech.

Violations of the Terms of Service will waive the refund policy.

6.) Demo Server Usage

Demo servers are sole provided for the demo purpose and you cannot use them for heavy use or lot of data entry. We might terminate a demo account if we noticed that it is causing high uses at our server.

Viztech reserves the right to require changes 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.

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Viztech reserves the right to charge the owner of the project used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Viztech.

7.) Price Change

The amount you pay for web design or web application development services might change time to time. Our product price will never increase from the date of purchase for an year as we support one year of free upgrades for most of our products but after that it can be changed for a renewal. We reserve the right to change prices listed on Viztech and its partner network at any time.

8.) Coupons

Discounts and coupon codes are reserved for special occasions and products/services only and may not be used towards the purchase of any other product/service unless otherwise specified. Any customer account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

9a.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Viztech harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Viztech, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Viztech against liabilities arising out of; (1) any injury to person or property caused by any products/services sold or otherwise distributed in connection with Viztech; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products/services sold to customers from Viztech’s server or development center end.

9b.) Arbitration By using any Viztech services, you agree to submit to binding arbitration. If any disputes or claims arise against Viztech or its subsidiaries, such disputes will be handled by an arbitrator of Viztech’s choice. An arbitrator from the Bar Council of Jaipur, India will be selected in the state of Rajasthan, India. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Indian Arbitration and Conciliation Act, 1996, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Clients/you are also responsible for any and all costs related to such arbitration.

10.) Disclaimer

Viztech shall not be responsible for any damages your business may suffer. Viztech makes no warranties of any kind, expressed or implied for services we provide. Viztech disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Viztech and its employees.

11.) Disclosure to law enforcement

Viztech may disclose any client information to law enforcement agencies without further consent or notification to the client upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

12.) Changes to the Terms of Service

Viztech reserves the right to revise its policies at any time without notice.