5. You agree & accept that all services provided by KY&Y Consulting would commense only
after complete payment of the agreed amount.
6. By Using KY&Y Consulting services, You agree to indemnify, defend, and hold harmless KY&Y Consulting,
the Registry, their respective parent companies and subsidiaries, and all of their
respective executives, directors, officers, attorneys, managers, employees, consultants,
contractors, and agents from and against any and all claims, damages, liabilities,
costs, and expenses (including, without limitation, legal costs) arising out of
or related to KY&Y Consulting Services. This indemnification obligation will survive the termination
or expiration of this Agreement for whatever reason.
7. You agree and confirm that that KY&Y Consulting may, at our sole discretion, change the
Pricing Structure at any time without prior intimation. However, this will only
apply to future period/s.
8. The violation of the terms & conditions will result in cancellation of services
and no refund will be made.
9. Non-usage of the service does not entitle you for a refund of any portion of
the payment made to us for this service.
10. You agree that you will not use the KY&Y Consulting Web Services for illegal purposes or
for the transmission of material that is unlawful. You also agree that you will
not use the KY&Y Consulting Web Services for the transmission of material that is harassing,
abusive, threatening, harmful, vulgar, obscene, or invasive of another's privacy.
You agree not to use excessive CPU resources, using excessive disk space, attempting
to gain access to root and other clients accounts (hacking), installing continuously
running programs, and reselling CGI scripts. You further agree that you are solely
responsible for your content and you acknowledge that KY&Y Consulting acts as a passive conduit
for the distribution and transmission of your data. You represent and warrant the
content you provide to KY&Y Consulting (a) does not infringe on KY&Y Consulting's or any third party's
intellectual property or proprietary rights or rights of publicity or privacy; (b)
does not violate any law, statute, ordinance or regulation; (c) is not defamatory,
trade libelous, pornographic or obscene; or (d) does not contain viruses or other
similar harmful or deleterious programming routines. If you violate this provision
you will be penalised up to and including termination of your rights to use the
service and any other remedies available to KY&Y Consulting by law.
11. KY&Y Consulting will monitor the Emails / Business Queries in order to track the search
engine performance & no data with regard to this would be disclosed to any third
party. On your special request, the monitoring could be removed but after such an
act, KY&Y Consulting would not be in a position to forward any performance report of your website.
12. You acknowledge your right to use the Service is personal to you. You are entirely
responsible for maintaining the confidentiality of your password and account. You
shall be fully liable for all use of your account, including any unauthorized use
of your account by any third-party.
13. In consideration for using KY&Y Consulting, you agree to provide us current, complete,
and accurate registration information as prompted to do so by KY&Y Consulting and to maintain
and update this information as required to keep it current, complete and accurate.
14. All the contents of this Service are only for general information or use. They
do not constitute advice and should not be relied upon in making (or refraining
from making) any decision. Any specific advice or replies to queries in any part
of the Service is/are the personal opinion of such experts/consultants/persons and
are not subscribed to by this Service.
The information from or through this service is provided on "AS IS " basis , and
all warranties , expressed or implied of any kind, regarding any matter pertaining
to any goods , service or channel, including without limitation, the implied warranties
of merchantability, fitness for a particular purpose, and non-infringement are disclaimed
and excluded.
KY&Y Consulting and its parent, affiliates and associates shall not be
liable, at any time for damages (including, without limitation, damages for loss
of business projects, or loss of profits) arising in contract, tort or otherwise
from the use of or inability to use the Service, or any of its contents, or from
any action taken (or refrained from being taken) as a result of using the Service
or any such contents or for any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus, communications
line failure, theft or destruction or unauthorised access to, alteration of, or
use of information contained on the service. No representations, warranties or guarantees
whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability
or applicability of the information to a particular situation. You agree that KY&Y Consulting
has no responsibility or liability including but not limiting to the deletion, corruption,
loss or failure to store any messages or content / data maintained or transmitted
by any KY&Y Consulting Web Services. You acknowledge and agree that no compensation shall be
payable whatsoever with respect to the aforesaid by KY&Y Consulting. KY&Y Consulting Makes no warranty
that the service will be uninterrupted, timely, secure or error-free. Certain
links on the Service lead to resources located on servers maintained by third parties
over whom KY&Y Consulting has no control or connection, business or otherwise . These services
are external to KY&Y Consulting and by visiting these , you are outside the KY&Y Consulting web service
and its channels. KY&Y Consulting neither endorses in any way nor offers any judgement or warranty
and accepts no responsibility or liability for the authenticity , availability of
any of the goods or services or for any damage , loss or harm , direct or consequential
or any violation of local or international laws that may be incurred by your visiting
and transacting on these services.
15. You agree to indemnify and hold harmless KY&Y Consulting, its parent, affiliates
and associates, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of content you submit, post to or transmit or as a result
of any transaction done on or through this site. This indemnification obligation
will survive the termination or expiration of this Agreement for whatever reason.
16. The Agreement shall be governed by the Laws of India . The Courts of law at
Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under
this agreement.
17. These Terms of Service constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
18. In the event of non-payment of any services, KY&Y Consulting reserves the right to re-sell
the Domain, Layout & all other related material to any third party or use itself,
including the Domain/ Content / Structure/ Layout and all other related material
without any intimation & no further correspondence in this regard would be entertained.
19. All amounts paid to KY&Y Consulting are non-refundable/ non- transferrable
under any circumstances. Wherever in this Agreement the masculine, feminine, or
neuter gender is used, it will be construed as including all genders, and wherever
the singular is used, it will be deemed to include the plural and vice versa, where
the context so requires.
20. KY&Y Consulting reserve the right to add / change / modify the terms of this Agreement.
Changes could be made by us after the first posting to the Site and you will be
deemed to have accepted any change if you continue to use services provided by KY&Y Consulting
KY&Y Consulting reserves the right to modify, suspend/cancel,
or discontinue any or all channels, or service at any time without notice, make
modifications and alterations in any or all of the content, products and services
contained/ not contained on the site without prior notice.
21. Limitation of Liability
You agree that KY&Y Consulting (for the purposes of this section, KY&Y Consulting includes, without limitation,
KY&Y Consulting's executives, directors, officers, attorneys, managers, employees, consultants,
contractors, agents, parent companies, subsidiaries, affiliates, registries, third-party
providers, merchants, licensors, or the like, or anyone else involved in creating,
producing, or distributing KY&Y Consulting's services) will not be liable to you or anyone
else for any loss that may occur due to any
- loss of registration of a domain.
- use of your domain.
- access delay or access interruption to KY&Y Consulting's registration
system.
- non-delivery or mis delivery of data between you and KY&Y Consulting and/or between
KY&Y Consulting
and the registry.
- event beyond KY&Y Consulting's reasonable control.
- processing
of the application.
- processing of any modification to the record associated
with your domain.
- suspension or cancellation of your registration by KY&Y Consulting.
- application of any dispute resolution provision herein. Furthermore, KY&Y Consulting will
not be liable for any indirect, special, incidental, or consequential damage of
any kind, including, without limitation, lost profits, regardless of the form of
action, whether in contract or tort, including, without limitation, negligence,
or otherwise, even if KY&Y Consulting has been advised of the possibility of such damage. In
no event will KY&Y Consulting's maximum liability exceed the total amount paid to KY&Y Consulting.
