By your action of using Onprintshop.com, you are agreeing to comply with all terms contained in this Document. This is a legal agreement between you (“Client”) and Radix Software Services (“Company”). If you do not agree to these terms, you may not use the software in any way.
If you have any questions about this agreement, you can contact Radix Software Services at the following address, phone numbers or email address:
Radix Software Services
Ekyarth, B/H Nirma University, Chharodi,
IMPORTANT – READ THIS AGREEMENT CAREFULLY BEFORE USING YOUR HOSTED ACCOUNT
In these Terms and Conditions of Trade:
- “Company” means Radix Software Services.
- “Client” mean you.
- “Customer” or “Customers” means a person or entity making an Order for Services from the Client.
- “Guarantor” means any party executing a guarantee of the Client’s Account with the Company.
- “Order” or “Orders” means the order or orders of the Customer for Services.
- “Services” means printing services supplied by the Client to the Customer following submission of an Order by the Customer.
- “Template” or “Templates” means a template or templates uploaded to the Website by the Client for use by Customers.
- “Website” means any website operated by the Company or licensed by the Company to host the Company’s software. It will also include the Radix Software Services Website.
- “OnPrintShop Website” means the domain www.onprintshop.com.
2. Company is an Intermediary
The Company is in the business of acting as an intermediary between the Client and the Customer. The Client will upload Templates to the Website that the Customer can use to submit an Order or Orders. Once Customer submit an Order or Orders, client is solely responsible for the delivery and qualities of the order(s).
Client has to subscribe as per available plans specified on www.onprintshop.com. or shared by sales team – either monthly, quarterly, half yearly or annually subscription from the company in advance.
By subscribing to our service, Client agrees to pay any applicable fees and charges specified on https://www.onprintshop.com or shared by Sales team. Clients must pay taxes, if applicable. We may change the fees and charges or add new fees and charges at any time, with one month prior notice. Client is responsible for any fees or charges incurred to access the Service through an Internet service provider or other third party service.
Subscription fee & Server fee is applicable as per the plan, which client has subscribed during time of the registration and Subscription is non-transferable. If clients exceed Server bandwidth or storage usage limit, as per plan selected, client will have to upgrade the server plan at add on price. If client is anticipating high online traffic, it would be clients’ responsibility to check server usage with Company/admin panel and get server plan upgraded in advance. Company holds right to terminate website in case if clients exceed Server usage plan provided at time of registration.
Upgrades and support plans will be applicable as per the subscription plan chosen, which could be inclusive or incur additional cost.
4. Terms of Payment
All fees and charges are due and payable in advance by PaypalTM/ Wire Transfer at the start of the subscription period. Payment method option depends on the plan, amount and Government policy. Company retains the rights to decide on payment method to be used by client. Monthly and quarterly subscriptions are not refundable and half yearly and annual subscriptions are not refundable after 15 days.
You must keep your credit card information current by informing us of any change. All credit card information changes must be made through a secured link we will provide you, which is owned by PaypalTM, Company’ authorized payment processor. Recurring fees for use of the Services will automatically be billed to the client PaypalTM account we have on file for you at the beginning of each renewal period, unless you cancel your subscription before the relevant period begins.
To use the Service, you must create an account on the Company website. We have the right to reject any application to use the Service for any reason.
The Client acknowledges and agrees that:
- they have and will provide true, accurate and complete information as requested by the Company’s registration system, and update such information to maintain its truth, accuracy and completeness;
- the Company may rely on any use of the Website requiring the Client’s user name and password as being authorized by the Client;
- they are contracting directly with the Customer to provide the Services and any rights and obligations pertaining to the sale of the Services shall be solely between the Client and the Customer;
- the Company shall not be responsible for collection of any payments due by any Customer to the Client;
- they will not involve, or attempt to involve, the Company in any disputes or in the resolution of any disputes that arise between the Client and any Customer;
- the Company may take all necessary steps to verify any information provided by the Client.
6.1 The Company may remove or refuse to post any Template or other transmitted information without giving a reason or any advance notice.
6.2 The Client agrees not to submit any Template that:
- is illegal or offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature); or
- infringes any copyright or other intellectual property rights.
6.3 In addition to the remedies that the Company may have pursuant to these Terms and Conditions, the Company may disclose the Client’s personal information, including the Client’s name and contact details, to relevant authorities, parties and/or the intellectual property right holders (or their representatives) if the Company considers that the Client is in breach of this clause.
6.4 Ownership of the Templates created by the Company will be with the company and company will have distribution rights of these templates to other clients. Company provides complimentary templates, it will be clients responsibility to make any changes such size, images or content if required.
6.5 Ownership of the Templates created either by Client or by their Customers will be either with client or their customer.
7. Copyright and Intellectual Property
- The Company retains all intellectual property rights, including copyright, patents, registered designs, trademarks and information relating to the Website.
- The Client acknowledges that the Company owns and has copyright in all designs, specifications, documents, websites, company created templates and software produced by the Company. Without limiting the foregoing this shall include all text, graphics, logos, icons, sound recordings and any software or other material underlying and forming part of the Website.
- The Client will at all times keep the Company advised of any infringement or potential infringement by a third party of the Company’s intellectual property rights.
- The Client will indemnify and hold harmless the Company against any losses, costs, actions or liabilities suffered or incurred as a consequence of infringement or alleged infringement of the intellectual property rights of the Client, the Customer or any third party.
8. Use of Data
- Company provides client website with sample content, products, etc. it would be clients’ responsibility to set up images, content, products and all other data.
- The Client grants to the Company a royalty-free non-exclusive right and license to host, cache, route, transmit, store, copy, modify, distribute, display, re-format, excerpt and analyze all information uploaded to the Website by the Client. The Company is not responsible for any loss, theft, intellectual property infringement or damage of any kind in relation to such information and the Company shall not be obliged to store the information nor provide copies of the information to the Client upon request.
- The Client warrants to the Company that it holds and will continue to hold all the necessary licenses, copyrights, trademarks and other rights necessary to comply with subclause 8(1) in relation to the information uploaded to the Website (including but not limited to, fonts, images, text, graphics and logos).
- The parties agree that any information uploaded to the Website by the Client is owned by the Client.
The Client is responsible for keeping their login information, including their password, secret and secure. The Client agrees:
- not to attempt to reverse engineer or attempt to interfere with the operation of any part of the Website;
- not to use any robot, spider, scraper or other automated means to access the Website without the Company’s express written permission. Any such permission may be revoked at any time by the Company;
- not to take any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Website or any other systems operated by the Company;
- not to bypass or attempt to bypass any measures the Company may use to prevent or restrict access to any part of the Website.
A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website’s completeness or correctness is in question, please contact us via our contact information provided on our “Contact Us” page of the website with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our website.
We guarantee 99% of uptime. The 1% we cannot guarantee lies on the fact that the Internet may be unavailable itself, or unexpected technical issues may occur and such issues may be outside of our control. In case such downtime occurs, no financial compensation may be granted, in any form. We may make the Service unavailable from time to time for maintenance, without prior notice.
12. Data Restored from Backups
We perform daily backups to ensure your data’s safety. In case you lost data, either accidentally or voluntarily, we cannot be held responsible since we take all appropriate measures to safeguard your data. However, we can restore your data from our backups, as long as your data is less than 30 days old.
13. Termination and Cancellation
13.1 Termination: We reserve the right to monitor use of our Service to determine compliance with the Terms mentioned herein. We may terminate the Service at any time if we are convinced that you failed to comply with any of the terms mentioned herein.
13.2 Cancellation: Your subscription will renew automatically every month, quarter, half yearly or every year unless terminated by us or until you cancel by filling our Cancellation Form. You must not cancel by phone, regular mail or live chat. If you cancel prior to the next billing cycle, cancellation will be effective immediately and you will not be billed for the next cycle. We may cancel or discontinue the Service at any time for any reason and may terminate your use of the Service immediately upon notice to you at any time if you breach these terms.
These Terms constitute the complete agreement between you and us and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be modified or amended except by a writing signed by a duly authorized representative of you and us or by our posting revised Terms on our website or by emailing you with notice of the change in Terms. You are solely responsible for periodically reviewing the Terms to determine whether they have changed since you last reviewed them. We will note a new adoption date each time we change these Terms. If you continue to use the Service after a change in Terms, you will be bound by such changes. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver of any breach or default shall be deemed a waiver of any preceding or subsequent breach or default.
The Company will communicate with the Client by email or by posting notices on the Website. The Client consents to receive notices from the Company electronically. The Client will be deemed to have received a notice when the Company sends it to the Client’s email address as advised to the Company, or when the Company posts such notices on the Website.
- The Client acknowledges and agrees that the use of the Website is at their sole risk.
- The Company does not warrant that the Website will be uninterrupted, timely, secure, or error free, or that any information provided on the Website is error-free or reliable.
- The Client is solely responsible for ensuring that their use of the Website is free of viruses, worms, trojan horses and other software of a destructive or malicious nature.
You shall indemnify, defend (if we so request) and hold the indemnified parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees and other legal costs) and other expenses (collectively, “losses”) that arise directly or indirectly out of or from (a) your or your representative’s willful misconduct, gross negligence or breach (or claim that if true would be a breach) of any representations, warranties or covenants in these Terms, (b) a third-party claim that your End User Data infringes or misappropriates any third party’s intellectual property rights or (c) your activities in connection with the Service and our website. You also agree to reimburse each indemnified party on demand for any losses incurred by such indemnified party to which this indemnity relates.
The Company collects information about the Client through its use of the Website, including:
- registration details; and
- information relating to the use of the Website.
The Client acknowledges and agrees that the Company may use such information to assist with the development of the Website, for internal research purposes and to verify the Client’s and their Customer’s identity.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Radix Software Services. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Radix Software Services. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You acknowledge that the limitations of liability in these Terms and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the Service. Our pricing reflects this allocation of risk and the limitation of liability specified here in.
20. Governing Law
These Terms and Conditions of Trade will be interpreted in accordance with and governed by the laws of India and Indian Courts will have exclusive jurisdiction over any dispute in relation to the Services.
- In the event of any dispute arising between the Company and the Client, such dispute shall in the first instance be referred to mediation for resolution, such resolution to be held in Ahmedabad, India.
- In the event that resolution by mediation is not achieved to the satisfaction of both parties within 30 days of referral to mediation, either party may then take legal action to resolve the dispute.
- Nothing in this clause prevents the Company from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.
The Client confirms that the Client is using the Website for the purpose of its business and and the Consumer Guarantees Act does not apply.
23. Personal Guarantee of Directors or Trustees
If the Client is a Company or Trust, the Director(s) or Trustee(s) signing this contract, in consideration for the Client having access to the Website and the Company agreeing to grant credit to the Client at their request, also sign this contract in their personal capacity and jointly and severally personally guarantee as principal debtors to the Company the payment of any and all moneys now or hereafter owed by the Client to the Company and indemnify the Company against non-payment by the Client. Any personal liability of a signatory hereto shall not exclude the Client in any way whatsoever from the liabilities and obligations contained in these Terms and Conditions of Trade. The signatories and the Client shall be jointly and severally liable under these Terms and Conditions of Trade and for payment of all sums due hereunder.