Terms and Conditions

Notice: By accessing and using HostGrad’s website (www.hostgrad.co.in) or by downloading materials from HostGrad website or using any of the services we offer, you agree to abide by the terms and conditions of use detailed below. If you do not agree to be bound by these terms and conditions of use, please refrain from using HostGrad website or our services.

General Terms:
HostGrad is an IT services company registered and based in India and the project execution (design/ development/ SEO/SEM activities) of all the projects we undertake will be taken place at our development centers in India. Our normal working hours are from 9 AM to 9 PM, IST, from Monday to Friday and from 9 AM to 5 PM, IST, on every Saturday. All Sundays will be off for the company. All public holidays in India or in the state of West Bengal will also be holidays for the company.

Use of The Site:
References to “we”, “us” or “our” throughout this Website (‘the Site’) pertains to HostGrad which operates the Site. Access to the Site may be suspended, restricted or terminated any time. We cannot guarantee that the Site will be error-free and we are not to be held liable for unavailability of the same. The content of the pages on the website are for general information only. It is subject to change without notice. Neither HostGrad nor any third party provides any warranty or guarantee to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website for any particular purpose. HostGrad shall not be in any way liable for any inaccuracy, error, defect or fault related to the information and materials found or offered on the website. Use of any information or materials on the website is entirely at User’s own risk, for which HostGrad shall not be liable. It shall be User’s own responsibility to ensure that any product, service or information available through the website meets the User’s requirements. Unauthorised use of the website may give rise to claim for damages and/or it will be a criminal offence punishable under the applicable penal law.

Confidentiality:
We understand the importance of confidentiality to the successful planning, establishment and running of your business. Therefore, we will not use, divulge or communicate to any person, except as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of any customer, prospective customer, or supplier of HostGrad, or any of our international distributors. All of us shall endeavour our best to prevent the publication or disclosure of any confidential information concerning such matters.

Applicability of Materials:
We have done our best to ensure that our website complies with international laws. However, we make no representations that the materials on our website are appropriate or available for use in all international locations. Those who visit our website from other locations do so, on their own initiative and are responsible to comply with all applicable laws. If you use our website, browse it or use any material or content or services offered through our website violating any applicable law in your jurisdiction(s), you are not authorized to view or use our website and you must exit immediately.

Post-Sales Support*:
From the day of project handovers, the client will receive free post sales for 6 months. After this duration, the client will be charged for his support necessities. On an occasion if the client has opened and meddled with the codes, we will take no responsibility to give technical help in any magnitude, in case any trouble shoots up. There is no guarantee that all product updates will be available for free of cost. HostGrad reserves the right to charge or not to charge for the product updates it releases according to the nature of the update. The product is sold in “as is basis” with functions/features as specified in the website and any claim stating that features/function missing or not “as expected” by the buyer or not like how it is found in other similar products/competitors will not be taken into consideration, and HostGrad in no way will be liable for such claims. All customization services of any magnitude will be charged accordingly and the client in no way possess the right to claim for free customization services citing to the payment he has done initially for the actual product or for a previously agreed customization task/project/functionality. In case of any rude or harsh behaviour of a client towards any Support Executive will lead to termination of post sales services for the particular customer. Customers are expected to communicate to the Support Executive in the best dignified manner and not use any form of inappropriate communication (includes profanity).
*Support will be provided to the clients during the working hours only.

Change of the Agreement:
HostGrad reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. HostGrad may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. Disclaimer of Warranties: The Website is provided “as is”. HostGrad and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HostGrad nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download this from, or otherwise obtain content or services through, the Website at your own discretion and risk.

General Representation and Warranty:
You represent and warrant that –

• Your use of the Website will be in strict accordance with the HostGrad Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside)
• Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

END USER LICENSE AGREEMENT

Hereafter, “Product” or “software” refers to the extension or other scripts that you buy, “Licensor” refers to HostGrad, “License” refers to this document, and “Licensee” refers to the party that received this license after having downloaded the respective product and paying the required fee as determined by the Licensor. This License governs use of the accompanying product, and your purchase and use of the product constitutes your acceptance of this License and all of its contents and stipulations.

THIS PRODUCT IS NEITHER A FREEWARE NOR SHAREWARE. IT IS A COMMERCIALLY LICENSED PRODUCT. IT MUST BE PURCHASED FROM THE LICENSOR FOR USE BY ANY INDIVIDUAL OR PARTY, AND IS SUBJECT TO THE FOLLOWING TERMS:

1. Illegal Distribution:
   If our product is found to be stolen, distributed without permission, illegally obtained, or if the users of this software are found to be breaching any of the terms herein, the Licensor has the unconditional right to prosecute them to the fullest extent of the law.


2. About the Product Site
   Our product donot contain any content copied from other websites, and if it does so, it is totally requested by the client. Under any circumstances, the licensor should be blamed for the same. If so, then legal steps shall be taken against the licensee.


3. Use of The Product Site:
   From the day of the product is hand-overed, if any misuse of it is found by the licensee, the licensor is not to be blamed under any cost under this EULA.


4. Cancellation Policy:
   Before the project is handed over the client may cancel the deal if he is not satisfied with the project* or for any other reason then he will be refunded with 70% of the total amount and 30% will be kept by HostGrad as our developers have worked on the project before its cancellation.
   *Refund will only be given to the client if the web-design or the content or the themes and plugins for project is given by our side. If the project design, content or other materials required is given the client himself then no cancellation refund is applicable and the client has to pay the whole amount.


5. Integration:
   Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.


6. Jurisdiction:
   This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of West Bengal, without regard to conflicts of law provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Kolkata, West Bengal, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the India, and its jurisdiction shall supersede any other jurisdiction of either party’s election


7. Non-Transferable:
   This EULA is not assignable or transferable by Licensee without the prior written consent of Company; any attempt to do so shall be void.


8. Limited Liability:
   The Licensor, its management, or any of its employees, associates, or partners shall not be liable to Licensee, or any other person or entity claiming through Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if HostGrad has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall HostGrad’s aggregate liability to Licensee, or any other person or entity claiming through Licensee, exceed the financial amount actually paid by Licensee to Company for the Software. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. This license must be left completely intact when this software is used, or copied for approved multi-user use. The Licensor reserves all rights not expressly granted to you in this license.


9. Entire Agreement:
   This Agreement constitutes the entire agreement between Company and Licensee and supersedes all prior understandings of Company and Licensee, including any prior representation, statement, condition, or warranty.