Terms and Conditions

 

Last Modified: 4th October 2023

1. Introduction

Welcome to Guru Om Web! You confirm your unconditional acceptance of these Terms and Conditions by accessing or using our services. If you do not agree with any part of these terms, you must immediately stop using our services.

These Terms and Conditions govern all interactions between Guru Om Web (hereinafter referred to as “the Company”) and any individual or entity using its services (hereinafter referred to as “the Client”). The Company reserves the right to update or modify these terms at its sole discretion at any time without prior notice.

2. Definitions

  • “Company” refers to Guru Om Web, its employees, contractors, and affiliates.
  • “Client” refers to the individual or entity purchasing or using the Company’s services.
  • “Portal” refers to the client management platform accessible at my[dot]guruomweb[dot]com.
  • “Services” include web hosting, web design, marketing, and any other offerings the Company provides.

3. Use of Services

  • Clients agree to use the Company’s services only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms and Conditions.
  • The Company strictly prohibits the use of its services for:
    • Hosting or distributing illegal content, malware, or any material that violates intellectual property laws.
    • Activities that compromise server security or disrupt services for other clients.
  • The Company reserves the right to suspend or terminate services without notice if any misuse is detected. No refunds will be issued in such cases.

4. Payments and Invoicing

  • Payments for all services, including web hosting and updates, are post-paid and will be automatically deducted after invoices are generated, provided consent is obtained during the sign-up process.
  • For clients with US-issued cards or cards issued outside India, this automatic deduction is processed securely through PCI-compliant payment gateways (e.g., Stripe, PayPal).
  • Invoices will be sent to clients via email. However, in case of technical issues or non-delivery of emails, invoices will always be accessible through the portal under the “Invoices” menu item.
  • Clients are responsible for ensuring sufficient funds are available for deductions. Non-receipt of an email notification does not absolve the client of the responsibility to pay invoices on time.
  • Payments must be completed by the due date specified on the invoice. Late payments may result in service suspension or termination.
  • Clients may cancel recurring payments at any time by providing written notice at least 7 business days before the next billing cycle.
  • Invoices are sent to the client via email to the address on record. However, if emails are not sent or delivered due to technical errors, spam filtering, or any other issue beyond our control, clients remain responsible for checking and paying invoices on time.
  • It is the client’s responsibility to check the portal* to review and pay invoices regularly. Non-receipt of an email does not absolve the client from the obligation to make timely payments.
  • In the event of a dispute, we will not entertain claims related to invoices older than 30 days.

5. Refund Policy

Our refund policy is designed to ensure transparency and fairness while safeguarding the interests of both parties. You agree to the terms outlined in this policy by engaging with our services.

  1. General Refund Policy: 
    1. No Refunds for Delivered Services: Due to the non-tangible nature of our services, no refunds will be provided under any circumstances once a service has been delivered or initiated.
    2. Any service cancellation must be requested in writing, and refund eligibility will depend on the specific terms outlined in this policy.
  2. Web Hosting Services: To maintain the integrity and security of our hosting environment, we have strict rules and procedures regarding our hosting services:
    1. Automatic Updates and Security Compliance:
      1. By signing up for our hosting services, clients agree to allow us to manage regular updates to their hosted websites.
      2. These updates include essential security patches, script updates, and plugin maintenance to ensure compliance and protect against malware.
      3. The cost of these updates will be charged automatically in addition to the monthly hosting charges.
      4. Clients who wish to manage updates themselves must notify us in writing at the time of signup. In such cases, they assume full responsibility for website security.
    2. Payment Terms for Hosting Services:
      1. Payments for hosting services and regular updates are post-paid, meaning charges will be deducted automatically after the services have been provided.
      2. Invoices will be generated at the end of the billing cycle, and payment will be deducted automatically without requiring additional authorization from the client. Clients agree to this automatic deduction process by signing up for our services. Consent is given when the client signs up for the services.
    3. Refund Policy for Hosting Services:
      1. Hosting services are billed in advance. Cancellations requested mid-term will not qualify for refunds of the unused portion.
      2. Refund requests related to hosting services must be submitted within 30 days of the invoice date. Claims made after this period will not be considered.
    4. Suspension and Termination:
      1. Failure to comply with security and update requirements may result in suspension or termination of hosting services without refund eligibility.
  3. Web Design Services: Web design projects are custom-tailored to each client’s specific needs. As such, the following rules apply:
  1. Project Initiation and Deposits:
    1. A non-refundable deposit of 25% of the project cost is required to begin the design work.
    2. If a client cancels the project after it has been initiated, no refunds will be provided for the deposit or any work completed up to that point.
  2. Revision Policies:
    1. Our design services include [X] rounds of revisions. Additional revisions will incur extra charges, as outlined in the project agreement.
    2. Refunds will not be provided for dissatisfaction with design concepts after the agreed-upon rounds of revisions have been completed.
  3. Refund Eligibility: 
    1. Refunds will only be considered for design projects that have not commenced or if no deliverables have been provided.
  1. Web Design Services: Marketing services (e.g., SEO, PPC, social media management) are results-driven and based on applying expertise over time. The following conditions apply:
    1. Service Timeline:
      1. As agreed, marketing services are billed in advance and provided monthly or by contract.
      2. Due to the ongoing nature of marketing efforts, no refunds will be provided for services rendered within a given billing cycle.
    2. Performance and Results:
      1. While we strive to achieve the best possible results, we do not guarantee specific outcomes such as rankings, traffic levels, or conversions.
      2. Dissatisfaction with the results of marketing efforts will not qualify for a refund.
    3. Refund Eligibility:
      1. Refunds will only be considered if services were not rendered according to the agreed terms. Requests must be made within 30 days of the invoice date, with verifiable proof of non-performance.
  2. Chargebacks
    1. Any unauthorized chargebacks initiated by the client will result in immediate suspension or termination of services.
    2. Clients will be held responsible for all costs or fees incurred due to chargebacks. This includes, but is not limited to, administrative fees, processing fees, and any penalties levied by payment processors.

6. Limitation of Liability

  • The Company provides services “AS IS” and without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • The Company will not be liable for any:
    • Loss of revenue, profit, or data.
    • Business interruption.
    • Direct, indirect, incidental, or consequential damages arising from the use or inability to use its services.
  • In the event of a dispute, the Company’s total liability is strictly limited to the amount paid by the client for the specific service in dispute during the 30 days prior to the claim.
  • The Company shall not be held liable for delays, interruptions, or failures in performance caused by circumstances beyond its control, including but not limited to acts of God, cyberattacks, server outages, or legal compliance.

7. Client Responsibilities

  • Clients are solely responsible for:
    • Providing accurate and up-to-date information when engaging with the Company.
    • Maintaining the security of their account credentials and ensuring proper use of the portal.
    • Keeping hosted websites updated if they opt out of automatic updates provided by the Company.
    • Regularly checking the portal to monitor invoices, service updates, and other notifications to ensure everything is on track.
  • Failure to meet these responsibilities may result in service suspension or termination without a refund.

8. Grievance Redressal Mechanism

  • Clients may raise complaints or grievances related to the Company’s services by emailing legal[at]guruomweb.com.
  • All complaints will be acknowledged within 48 hours and resolved within a maximum of 30 business days, depending on the complexity of the issue.
  • Unresolved grievances may be escalated to the legal jurisdiction specified in this agreement.

9. Force Majeure

  • The Company shall not be held liable for delays, interruptions, or non-performance of its obligations due to events beyond its reasonable control, including but not limited to:
    • Natural disasters, floods, or earthquakes.
    • Government actions or regulatory changes.
    • Cyberattacks or server outages.
    • Strikes, labor disputes, or pandemics.
  • In such cases, the Company will make reasonable efforts to resume services as soon as possible.

10. Data Privacy Compliance

  • The Company complies with Indian data protection laws, including the Digital Personal Data Protection Act, 2023, to ensure the privacy and security of client data.
  • Clients’ personal data will only be used for service delivery, invoicing, and communication purposes.
  • The Company will not share or sell client data to third parties without explicit consent, except as required by law.
  • For more details, please refer to the Company’s Privacy Policy available at [Privacy Policy URL].

11. Changes to Terms and Conditions

  • The Company reserves the right to update or modify these Terms and Conditions at its sole discretion without prior notice to the client.
  • Changes will take immediate effect upon posting on the Company’s website or portal.
  • It is the client’s responsibility to review this policy periodically to stay informed of any updates or modifications.
  • Continued use of the Company’s services constitutes acceptance of the revised terms.

12. Governing Law and Jurisdiction

  • These Terms and Conditions are governed by the laws of India.
  • Any disputes arising from these terms will fall under the exclusive jurisdiction of the local court nearest to the Company’s registered office.
  • Clients agree to waive their rights to pursue claims outside the jurisdiction specified in these terms.

13. Disclaimer of Guarantees

  • The Company does not guarantee specific results, including but not limited to improved website rankings, traffic levels, or ROI for marketing services.
  • All services are provided based on expertise and best efforts. Dissatisfaction with results will not qualify for a refund or any liability on the part of the Company.

15. Communication Policy

  • Primary Mode of Communication: The only official mode of communication between the Client and the Company will be via email.
  • Registered Email Address: All communications must be sent to and from the Client’s registered email address on file. The Company is not obligated to respond to communications from unregistered or third-party email addresses.
  • Responsibility to Monitor Email: It is the Client’s responsibility to regularly monitor their email inbox, including spam or junk folders, for updates, notifications, and important communications from the Company.
  • Acknowledgment of Email Delivery: Any email sent by the Company to the Client’s registered email address will be considered delivered once sent, regardless of whether the Client acknowledges receipt.
  • Exceptions: The Company may use additional communication methods, such as phone or chat, at its discretion, but these will not override email as the primary and official mode of communication.

14. Contact Information

For any questions, concerns, or disputes, please contact us at:
hello[at]guruomweb.com.

Version Control

Published Date: 11th April 2022

Last Updated: 4th October 2023

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