Transcloud Solutions Pvt Ltd (“Transcloud Solutions“, “We” or “Us“), is the owner, developer and distributor of the services associated with the building, management and hosting of web pages, including access to software which allows you the customer (“You“) to build and manage your (“Your“) website, and from time-to-time including additional features and upgrades and enhancements and such other services as agreed (“Services“).
These terms and conditions are the terms on which Transcloud Solutions will provide the Services to You. These terms constitute the agreement between You and Us (“the Agreement“) in its entirety and supersede any prior agreements between You and Us in respect of the Services. We may modify these terms and conditions, (including without limitation the pricing for any of the Services), or give You notice under this Agreement, by notice on our website and/or by email. Such modifications will take effect 7 days after such notice has been provided. By accepting these terms and conditions, You also agree to accept and be bound by any changes made by Transcloud Solutions under this clause.
The copyright in all reports and associated website designs, text, graphics, the selection and arrangement thereof, and all software is owned or licensed by Transcloud Solutions. All of Transcloud Solutions’s rights in this regard are reserved. Copyright in the material contained on this website and in any report subsists under the Copyright Act 1957 (India) and, through international treaties, under the laws of many other countries.
Transcloud Solutions will use all reasonable efforts to provide You with the products and Services that are relevant to the Services purchased, as described on the Transcloud Solutions website.
Design services sold by Transcloud Solutions are as detailed on the Transcloud Solutions website at the time of sale. This includes Website Design, Graphic Design, Business Starter Packages, Website Maintenance Packages, Flash Animation, Social Media Packages and Transcloud Solutions promotions.
You agree to read and adhere to the domain registration policies available at:
You authorize Transcloud Solutions to communicate Your contact details to the relevant domain registry to be made available to the general public, upon request of the relevant domain registry.
Transcloud Solutions does not represent nor guarantee that You or Transcloud Solutions have rights to ownership of any domain name purchased. You should refrain from taking any action to register or renew a domain name prior to confirm of registration or renewal from Transcloud Solutions. Transcloud Solutions does not guarantee successful registration or renewal of a domain name.
Failure by You to pay any fee (including, but not limited to, any renewal fee) for any domain name by the stipulated due date may result in the domain name being deactivated or deleted by the relevant domain name registry. Under no circumstances will Transcloud Solutions refund any fees paid by You to Transcloud Solutions in relation to any domain name.
Transcloud Solutions reserves the right to deactivate or cancel a domain name the use of which is illegal, fraudulent, infringes the intellectual property rights or other legal rights of a third party, or is defamatory to or disparaging of a third party. You will indemnify and keep Transcloud Solutions fully indemnified in respect of any claim, loss, cost or damage suffered or incurred by Transcloud Solutions as consequence of Your use of a domain name.
Transcloud Solutions offers search engine marketing, search engine optimizations and Google Map optimization Services (collectively, the “Search Services“). Search Engine Services sold by Transcloud Solutions are as detailed on the Transcloud Solutions website (https://transcloud.in/) at the time of sale. This includes; Search Engine Optimization (SEO) packages, Search Engine Marketing (SEM) packages and Google Maps optimization packages. Transcloud Solutions, at their sole discretion, may use 3rd party suppliers to deliver all or any part of the Search Services.
For all Services (other than Domain Names, which are dealt with separately below), the initial term of this Agreement will commence on the date of activation of software products or the date the relevant services are first provided by Transcloud Solutions (as applicable). After the conclusion of the initial term, the term shall automatically renew for a further term of the same period (eg a 1 month term will renew for a further 1 month). Unless notice is provided to Transcloud Solutions by You more than 10 working days prior to expiry of the initial or any subsequent term, this Agreement will automatically be extended by a further terms of the same period on Transcloud Solutions’s then current terms and conditions. Your failure to give a notice cancelling the Services prior to the commencement of this 10 working day period will constitute acceptance by You of the next renewal. Transcloud Solutions may cancel or elect not to renew the Services at any time by delivering to You a written notice of non-renewal at least 10 working days prior to the expiry of the initial term or any subsequent term.
The term of the domain name license (ie that period of time for which the licensea is granted to You) will be:
When You purchase a domain name from Transcloud Solutions You will be purchasing the use of the domain name for the specified term, unless otherwise agreed with Transcloud Solutions. Upon expiration of the initial term for the domain name license, the domain name license may be renewed for a further period equal to the period of the initial term.
It is Your sole responsibility to ensure that registration of a domain name is renewed when necessary and Transcloud Solutions takes no responsibility for losses or expenses arising out of any failure by You as the Licensee of any domain name to renew the registration of a domain name.
The applicable prices and charges for a particular product or Service are as stipulated in a quote provided to You by Transcloud Solutions or, if We have not provided a quote to You, as stipulated on the Transcloud Solutions website. All prices and charges published on the Transcloud Solutions website are inclusive of GST, unless otherwise stated. These prices and charges may include:
You are responsible for all prices and charges for Services and any other amounts (such as excess storage and bandwidth coverage) incurred by Yourself or Your authorized representative or as a result of any use of a product or Service, in accordance with the billing provisions specified in the payment confirmation.
Transcloud Solutions reserves the right to contact a credit reporting agency to obtain personal information about You for the purpose of validating an application for credit made by You to Transcloud Solutions.
In the event that Transcloud Solutions issues You an invoice in arrears for any service or product, You fail to pay for any Service or product by the set due date or You fail to pay any other amount owing under this clause, Transcloud Solutions reserves the right to, in addition to any other right:
Any suspension does not relieve You of Your obligation to make payments under this Agreement including circumstances where a credit card transaction declined. If this occurs an email will be sent to the primary email address that You have provided for us. Failure to provide us with changes to Your primary email address will not result in any extension.
You agree, in the event of default, to pay Transcloud Solutions our reasonable expenses, including legal and collection agency fees, incurred in enforcing our rights under this Agreement. Fees are exclusive of any taxes which may be levied or assessed. Any such taxes shall be paid by You. If the whole or any part of a payment is the consideration for a Taxable Supply for GST purposes, You must pay to Transcloud Solutions an additional amount equal to the applicable GST amount with that payment and Transcloud Solutions will provide You a GST tax invoice.
Transcloud Solutions reserves the right to sell any moneys owed by You to Transcloud Solutions under this agreement to a debt collector.
Certain legislation (including the Consumer Protection Act 2019 (Gujarat) and the Indian Contract Act 1872) may imply terms, warranties, or conditions that cannot be excluded, restricted, or modified (“Statutory Warranties”). Subject to the Statutory Warranties and to any other warranties specifically given by Transcloud Solutions:
Where the Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the liability of Transcloud Solutions to You is limited, at the option of Transcloud Solutions, to:
To the extent permitted by law, the liability of Transcloud Solutions to You or any other person, whether in contract, tort (including negligence), under statute or otherwise, arising out of or in any way relating to this Agreement:
To the extent permitted by law, You indemnify and agree to keep Transcloud Solutions indemnified against any loss or claim arising out of Your use of the Services
Transcloud Solutions will not be liable for any software or hardware issues that may reside at the client’s end that limits or interferes with the Services provided by Transcloud Solutions. These include, but are not limited to, complex networks that do not allow network traffic through to Transcloud Solutions servers including proxy servers, terminal services or ISP issues, and software conflicts on a client’s machine, not allowing the Transcloud Solutions software to be installed, used or accessed.
You will take all reasonable steps to ensure that Your website will contain warnings if all or part of its content is not suitable for children and complies with all applicable laws and industry policies.
You are responsible for all data, content, materials and files supplied by You to Transcloud Solutions. It is solely Your responsibility to store back up of all data, content, materials and files supplied by You to Transcloud Solutions on Your own server.
You agree that Transcloud Solutions will maintain and control ownership of all IP numbers and addresses that are assigned to You. Transcloud Solutions reserves the right to change or remove any IP numbers or addresses assigned to You at our discretion.
Correspondence from Transcloud Solutions will be sent to You via the primary contact email address that You provided during the sign up process. Transcloud Solutions waives any responsibility for correspondence not being received at this address. It is Your responsibility to immediately advise Us of any change to Your primary contact email address.
By entering into this Agreement You acknowledge and agree that Transcloud Solutions may use Your name, and logo for the express and sole purpose of identifying You as a client of Transcloud Solutions in its marketing material, both print and electronic and that Transcloud Solutions may place on Your website a hyperlink to Transcloud Solutions’s website labeled “designed by Transcloud Solutions” or words to similar effect. You may elect to withdraw Your permission for the use of Your name and logo in Transcloud Solutions’s marketing material, but must do so in writing with 30 days notification for withdrawal of any material from the commercial domain. Transcloud Solutions accepts no liability for, nor warrants the accuracy of any content associated with any of its customer’s websites.
Transcloud Solutions is the sole and exclusive owner of the Services and the underlying software code and all Intellectual Property Rights in relation to the Services. All improvements to the Services will remain the property of Transcloud Solutions. Transcloud Solutions shall have and retain sole ownership of its trademarks, including the goodwill pertaining thereto.
You will ensure that Your website content (and anything relating to Your website or to the Services) is not illegal; deceptive; inaccurate; defamatory; pornographic, obscene or sexually explicit; discriminatory to any race, ethnic group, religion, or sect; discriminatory or offensive to the disabled or any physically, socially or economically disadvantaged sector of the community; discriminatory against any persons of a particular gender or sexual persuasion; discriminatory against any professional or trade group; offensive, or derogatory to any person or persons; or likely to in any way interfere with or harm the business of any person or entity or to interfere in any way with the natural course of business.
You will also ensure that Your website is not used for any “spamming” activity or any misleading or deceptive conduct or other illegal or unethical marketing practice. You further warrant that nothing on Your site will breach copyright or other Intellectual Property Rights; or will be contrary to the terms of any binding confidentiality or other agreement nor breach the Privacy Act or equivalent or any other laws or legal requirement.
Transcloud Solutions may, but shall not be obligated to, immediately and without notice, terminate the provision of Services to You and remove Your website or Your access to it, if We are of the reasonable opinion that You may be in breach of this clause of this Agreement and such termination may take place immediately on detection of such conduct and without notice to You. You acknowledge that You shall have no remedy or recourse against Transcloud Solutions.
Upon termination under this clause, Transcloud Solutions shall have the right to delete and/or destroy any and all of the content of Your website and Your information, without accounting to You for such destruction.
You shall have no redress against Transcloud Solutions in respect of any loss or claimed loss arising out of anything done under this clause.
Notwithstanding termination under this clause, Transcloud Solutions shall be entitled to receive payment from You for the Services for the term of this Agreement currently in force at the time of such termination. Transcloud Solutions does not accept liability for anything on Your website or which in any way relates to it and if any claim is made or threatened against Transcloud Solutions in respect of Your website or any use of Your website, and You will indemnify and keep Transcloud Solutions fully indemnified in respect of any claim, loss, cost or damage suffered or incurred by Transcloud Solutions as consequence of Your website or any content or link on Your website.
You are allocated a data transfer bandwidth limit and/or disks space limits, as prescribed on the Transcloud Solutions website. Should Your account pass this allocated amount You will be charged a rate of Rs 5 + GST per megabyte of bandwidth that is exceeded. Should Your account exceed the allocated amount for two consecutive months or more, You will be required to purchase additional storage. We reserve the right to suspend Your account until the start of the next allocation, suspend Your account or terminate Your account for failure to pay costs under this clause.
You agree to promptly inform Transcloud Solutions of any breach by You of these terms and conditions and of any conduct of any other person which You think may be a breach of these terms and conditions, whether the conduct has ceased, is continuing, or may occur in the future.
You will need to supply Transcloud Solutions with accurate, complete and up-to-date personal information, including billing and account information, so as to be supplied with products, Services and payment confirmation. You shall notify Transcloud Solutions of any changes to Your contact information.
Transcloud Solutions will not be responsible if You do not receive important notifications (such as renewal notices) due to inaccurate personal information or Your failure to notify Transcloud Solutions of changes to Your personal details.
You grant to Transcloud Solutions the right to disclose your personal information to other parties, including customer enquiries, mailing operations and billing and debt-recovery entities, in order to ensure that Transcloud Solutions is able to effectively provide its Services to You.
You acknowledge and consent to the disclosure by Transcloud Solutions to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of Your identity or other personal information provided by You to Transcloud Solutions, upon Transcloud Solutions being requested to do so by that law enforcement agency.
You should review the Transcloud Solutions Privacy Policy for further information concerning the collection and usage of your personal information.
Transcloud Solutions cannot and does not know or control whether You have given access to Your Transcloud Solutions account to other people and recommends that You keep password and login in details confidential. You are totally responsible for when and how Your account with Transcloud Solutions is used and the actions of the people (if any) You allow to access, or transmit information through, Transcloud Solutions’s computer systems and network resources or otherwise utilise the Services (whether or not You have given them Your login and password details or not).
Whether You are using the Services for private or commercial purposes, or both, You agree and understand that the quality, and continuity, of Transcloud Solutions’s Services depends on factors over which Transcloud Solutions has no control and cannot seek to control. Transcloud Solutions may be required to perform maintenance, which also may effect the quality, and continuity, of Transcloud Solutions’s Services. Transcloud Solutions will take all reasonable steps to notify You of such maintenance when permitted by the circumstances. Whilst Transcloud Solutions will endeavour to maintain ongoing access, it is probable in such an operating environment that disruptions and failures of any or all computer systems, network resources, and the Services may occur. Recognising this, You agree that:
Transcloud Solutions does not condone activities and actions that breach the rights of copyright owners. It is Your responsibility to obey all laws governing copyright.
You hereby grant Transcloud Solutions a license to cache Your website. You also agree that caching of Your website by Transcloud Solutions is not a breach of Your or any other parties’ intellectual property rights.
Transcloud Solutions hereby grants You a non-exclusive, non-transferable license to use its software for the sole purpose of creating and maintaining a website hosted on Transcloud Solutions servers, or on such other server as may be licensed by Transcloud Solutions to host sites on its behalf. You may not copy or reproduce the software either in full or in part, nor attempt to in any way modify, alter, reverse engineer or de-compile the software. You are not licensed to use or install the software, other than as specifically authorized by Transcloud Solutions.
Transcloud Solutions reserves the right to add, remove or vary any software with respect to its Services or otherwise, and remove or vary any functionality with respect to its Services. Should such changes be incompatible with the pre-existing software, Transcloud Solutions will take reasonable steps to provide 30 days notice to such changes.
Grant of License and Protection of Proprietary Rights
Transcloud Solutions grants You a non-exclusive, non-transferable and revocable license to use Transcloud Solutions Programs (including software products and services). This Agreement does not convey to the Licensee any ownership rights or any other interest in the Sweeper Service. You may not copy or reproduce the software either in full or in part, nor attempt to in any way modify, alter, reverse engineer or de-compile the software. You are not licensed to use or install the software, other than as specifically authorized by Transcloud Solutions.
You acknowledge that the proprietary rights belong to Transcloud Solutions only and You will not dispute such ownership. You acknowledge that Transcloud Solutions retains all right, title and interest in and to the Licensed Programs, including without limitations any error corrections, enhancements, updates or other modifications to the Service, whether made by Transcloud Solutions or any third party, and all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. The Licensee’s use of the Service does not transfer to it any title to the intellectual property of the Services or Software and the Licensee will not acquire any rights to the Services except as expressly set forth in this Agreement.
Transcloud Solutions Warrants that the program will perform in accordance with the published specifications (including operating systems, browsers or other 3rd party dependencies) at the time the program is released. Your use of the program in unsupported environments is not supported. Your exclusive remedy and Transcloud Solutions’s entire liability in tort. contract or otherwise will be at Transcloud Solutions’s sole discretion.
Transcloud Solutions makes no warranty, expressed, implied or statutory, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non infringement of third party rights. If implied warranties may not be disclaimed under applicable law, then any implied warranties are limited in duration to the above noted period. No Transcloud Solutions representative, distributor, agent or employee is authorized to make any modifications to this agreement. If any modifications are made to the program by; if the program is subjected to accident, abuse or improper use, if you violate the terms of this agreement the license shall be immediately terminated
You are entitled to cancel a product or Service provided by Transcloud Solutions before the end of its Service term. Notification of cancellation must be provided to Transcloud Solutions in writing at least 30 days prior to the date at which You seek the product or Service to terminate. You agree that, should You chose to cancel a product or Service before the end of its Service term, You may be required to pay a cancellation fee to Transcloud Solutions equal to the fees for two months of Service.
You agree to comply with all requirements for the conduct of business applicable to persons conducting business both in India and in Your country of residence, and in particular not to breach any export law or trade restriction by the sale or supply of goods or services on Your website.
The laws of Gujarat, India, govern this Agreement, and You submit to the exclusive jurisdiction of the courts of Gujarat.
We will not be liable for any act, omission, or failure to fulfill our obligations under this Agreement to the extent that such act, omission, or failure arises from any cause reasonably beyond our control including, but not limited to, acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental action, fire, server and communication line failures, power failures, earthquakes or other similar disasters (called “Force Majeure”). However, We will take reasonable steps to inform You of any such cause and to continue to perform our obligations under this Agreement.
By downloading, installing or using any Transcloud Solutions programs, products or services you are consenting to be bound by this agreement.
