(Improved & Legally Refined)

1. DEFINITIONS

Unless repugnant to the subject or context, the following expressions shall have the meanings as assigned herein:

“Agreement” means this Terms & Conditions the User’s completed application/order form, attachments, invoices, disclaimers, warnings, policy documents, and any additional documents incorporated by reference or added by Kaival Infotech (“Company”) from time to time. The Agreement shall be deemed to be executed at Ahmedabad, Gujarat.

“Date of Commencement” means the date on which the User’s application is accepted by the Company, as communicated by email, written intimation, or telephone.

“Date of Termination” means the date on which the User’s subscription/service period ends or the date specified in the Company’s written termination notice.

“User” / “Customer” means any person, entity, or representative using or subscribing to the Services.

“Company” means Kaival Infotech.

“Registration Data” refers to all information submitted by the User at the time of registering or subscribing, including name, address, contact number, email, and other requested details.

“Services” means all services offered by Kaival Infotech, including but not limited to:

  • Website development, hosting, and maintenance
  • Online presence and digital marketing services
  • Listing of User details in online directories/portals
  • Advertisement through Kaival Infotech platforms
  • Any additional services introduced from time to time

“Site” means any website developed, hosted, marketed, or managed by Kaival Infotech.

“Domain” means any domain name such as .com / .org / .co.in / .in purchased or managed under the User’s service.

“Web Hosting” means server space, connectivity, and related resources provided to host the User’s website.

Illegal Activities – The Company is not responsible for any illegal activities performed by the User or any third party through the website or any service provided. Entire liability rests with the User.

2. INTERPRETATION

  • Words importing the singular include the plural and vice
  • Words importing any gender include all
  • “Including” shall always mean “including without limitation”.
  • Headings are for convenience only and shall not affect

3. AGREEMENT BETWEEN USER AND COMPANY

By using the Services, the User unconditionally agrees to all terms, conditions, and notices contained herein. If the User disagrees with any term, the Services must not be used.

4. MODIFICATION OF TERMS

The Company reserves the right to amend these Terms & Conditions at any time without prior notice. The User must periodically review the updated terms. The Company does not warrant accuracy or completeness of information on the Site and shall not be liable for any loss arising from reliance on such information.

5. CUSTOMER ELIGIBILITY

Only persons competent to contract under the Indian Contract Act,  1872 may  use  the  Services. Minors (below 18 years), undischarged insolvents, or otherwise incompetent persons are not eligible. The Company reserves the right to terminate accounts of ineligible Users.

6. ELECTRONIC COMMUNICATIONS

The User consents to receive all communications electronically through email or notifications posted on the Site.

7. PLATFORM FOR ADVERTISEMENT

The Company only provides an online promotional/advertising platform and is not responsible for:

  • Non-performance or breach of any contract between Users
  • Losses from fraudulent inquiries or transactions
  • Product/service quality or representation
  • Delivery, delays, or disputes between Users
  • Verifying legal title, identity, or creditworthiness of Users

Users must independently verify the credentials of any party they deal with.

8. RENEWAL & CONTINUOUS SERVICE AGREEMENT

  • Services renew year-to-year unless terminated in writing.
  • User must provide written request (email/post) for upgrade, downgrade, or termination.
  • If no termination request is received, renewal invoices shall be generated and payable.
  • Renewal charges shall be equal to the previous year’s charges or current applicable rates, whichever is higher.
  • Renewal must be paid in advance for uninterrupted services.

9. WEBSITE DESIGNING

  • User must provide all content, logos, photos, and materials at the time of order.
  • User is solely responsible for copyright compliance; Company is not liable for any infringement.
  • Upon finalization of the website theme as per the Order Form, the Company shall provide a maximum of three (3) design layout options, based on the User’s inputs. The User shall be required to select and approve one layout from the said options.
  • Once the User grants approval to the selected theme and layout, no further modifications, alterations, or redesign requests shall be permissible under the same scope of work.
  • Under any website development package, upon handover of the website, if the User independently makes changes to the website and such changes result in disruption, malfunction, or alteration of the website’s framework, structure, or functionality, the Company shall be entitled to levy additional charges for the efforts and technical intervention required to restore the website to a proper working condition.
  • The User must finalize the project within 1 month of commencement; delay beyond this shall be treated as project completion, and pending payments will become due.

10. WEB PROMOTION / SEO (Search Engine Optimization)

  • SEO/search engine listings depend on third-party algorithms; no guarantee is provided for rankings or placements.
  • Money-Back Guarantee (where applicable) is valid only if:
    • 100% advance payment is made,
    • Key phrase contains minimum 4 words,
    • Website appears on any major search engine (Google, Yahoo, etc.).
  • Registration in search engines may take 2–4 months.
  • The Company may make required website changes without prior notice to meet SEO requirements.
  • The Company may promote Users’ pages on its own portals/directories.
  • SEO is an auto-renewal service unless User provides 2- months’ prior written notice for discontinuation.

11. PRIVACY

There is no guaranteed privacy on the internet. Company is not liable for copying or misuse of website data, photos, or content.

12. HUMAN ERROR

Errors  may occur due to  human mistake. User must periodically review delivered work and notify the support team for corrections.

13. FORCE MAJEURE

Services are subject to Force Majeure events, including natural disasters, server failures, strikes, or circumstances beyond Company control.

14. NO WARRANTY

All Services are provided “AS IS”, without any warranties of merchantability, fitness, accuracy, or non-infringement.

15. CONFIDENTIALITY

Web content is publicly accessible. User information voluntarily shared online is at User’s own risk. All data submitted by User becomes the property of the Company.

16. INTELLECTUAL PROPERTY

All intellectual property arising from Services shall remain the Company’s property.

User shall not claim ownership of designs, code, data, content, or materials developed by the Company. Any unauthorised use constitutes infringement and may lead to legal action.

17. WAIVER & SEVERABILITY

Failure to enforce any provision does not constitute waiver. If any clause is held invalid, remaining provisions shall continue in full force.

18. LIMITATION OF LIABILITY

Company’s total liability shall not exceed the amount paid by the User or ₹1,200, (Rupees One Thousand Two Hundred) whichever  is lower.  Company is not liable for:

  • Loss of data, profits, goodwill
  • Delays, interruptions, or corruption of data
  • Server or technical failures

19. INDEMNITY

The User agrees to indemnify the Company against any claims arising from:

  • User’s breach of Agreement
  • Violation of laws
  • Disputes with other Users or third parties
  • Illegal or infringing activities conducted through the website

20. NOTICES

Official communication must be sent to:

Kaival Infotech

 208 2nd Floor, Radhe Kishan Arcade, Opp. Ghodasar BRTS, Near Vaibhav Hall, Ghodasar, Ahmedabad, Gujarat-380050, India.

21. THIRD-PARTY LINKS & SERVICES

The Site may contain links or access to third-party content. Transactions with such parties are solely between User and the third party.

22. RELATIONSHIP

Nothing in this Agreement creates any partnership, agency, employment, or joint venture between Company and User.

23. UNLAWFUL USE

User shall not use the Site for any illegal purpose or activity prohibited under Indian law.

24. SUSPENSION

If the User fails to pay dues, the Company may suspend Services after due notice. Suspension exceeding 30 days may lead to termination.

25. TERMINATION

The Company may terminate Services without notice if the User violates this Agreement. After termination, User shall not attempt to use the Services.

26. LIABILITIES UPON TERMINATION

  • All outstanding  dues  must  be  paid  within  30  days  of
  • User is not entitled to claim or transfer any domain, data, design, or content after termination.

27. ONLINE PROMOTION ADS

Kaival Infotech does not post online ads in violation of Government laws.

If any issue arises due to the User’s ads or content, the User is solely responsible.

28. GOVERNING LAW & JURISDICTION

All disputes, civil or criminal, shall be subject exclusively to the courts of Ahmedabad, Gujarat, India.

29. USER ACKNOWLEDGMENT

“I have read and understood the above Terms & Conditions and agree to be legally bound by the same.”