CSS – Term of Uses

TERMS OF USE:

These Terms of Use ("Agreement") are entered into between PAULCCO GLOBAL SERVICES PVT LTD (We/Us/ CSS/ Cloud Software Solution/ PAULCCO GLOBAL SERVICES PVT LTD). PAULCCO GLOBAL SERVICES PVT LTD is duly incorporated. Existing as per the Companies Act 2013, bearing CIN (Corporate Identity Number) – U72900KA2018PTC116559, and is registered at OFFICE ONE, #5, HOODI CIRCLE, ITPL MAIN ROAD BLR-48 MAHADEVAPURA POST, BANGALORE, Karnataka, India, 560048 (after this referred to as "Company") and Users ("You/Your/Customer") who are willing to avail our Services (as defined below) offered through our Website https://cloudsoftwaresolution.in ("Website/Platform").

The Service is offered to Customer conditioned upon Customer's acceptance without modification of this Agreement. The Customer acknowledges that, occasionally, it may be necessary for Cloud Software Solution to update or revise specific provisions of the Agreement. By signing up for any Cloud Software Solution Service and accepting this Agreement, Customer agrees that Cloud Software Solution may change the terms of the Agreement in its sole discretion without specific notice to Customer.

Suppose Customer does not agree to the changes proposed by Cloud Software Solution or any terms in this Agreement. In that case, the Customer's sole and exclusive remedy is to cancel the Customer's Cloud Software Solution Service ("Customer's Account"). Notwithstanding the preceding, Cloud Software Solution reserves the right to cancel, suspend, or refuse access to the Service to anyone at its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment, or enhance the current Service shall be subject to this Agreement.

THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND CSS. BY CHOOSING A SUBSCRIPTION PLAN or FREE LISTING, OR BY CLICKING ON I ACCEPT/I AGREE OR SUCH SIMILAR BUTTONS, OR BY USING THE WEBSITE, ITS SERVICES, AND FEATURES, YOU ARE ACKNOWLEDGING, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT, WHETHER YOU HAVE READ THE SAME OR NOT; This Agreement is subject to revision by CSS at any time. The revised Agreement shall be made available on the Website. You are requested to regularly visit the Website to view the most current terms in this Agreement. Your continued use of the Website following such changes will constitute your acceptance of those changes.

ABOUT US:

Our professional website design and development company offers comprehensive services tailored to create and enhance digital experiences. Starting with meticulous project planning and design, the company translates user requirements into functional and visually appealing designs, laying the groundwork for efficient coding and implementation. The development phase involves creating both front-end and back-end components, ensuring a seamless and robust website. Rigorous testing processes guarantee a reliable end product, including quality assurance, performance testing, and security assessments. Services extend to content management system (CMS) integration, e-commerce solutions, and responsive design, ensuring accessibility across various devices. Post-launch, the company provides ongoing maintenance, support, and regular updates. Additionally, expertise in search engine optimization (SEO), analytics integration, custom software development, graphic design, and legal compliance contribute to a holistic approach to meeting client needs ("Services"). Whether offering consultation on technology choices or facilitating training sessions, We aim to deliver not just websites but comprehensive digital solutions aligned with business objectives.

YOUR ACCOUNT:

To avail of Cloud Software Solution's Services, You may be required to create an account on the Website ("Customer Account/Account"). You agree to furnish all the requisite details and information that Cloud Software Solution may request at the time of account creation and after that. You shall be responsible for maintaining the confidentiality of all such information furnished to Cloud Software Solution, including, without limitation, login credentials, passwords, etc. You agree to (a) immediately notify Cloud Software Solution of any unauthorized use of your Account Information or any other security breach and (b) ensure that you exit your Account at the end of each session. Cloud Software Solution cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held responsible for losses incurred by Cloud Software Solution or any other user of or visitor to the Website due to authorized or unauthorized use of your Account due to your failure to keep your Account Information secure and confidential

You further declare and affirm that all the details you provided to Cloud Software Solution are correct and accurate to the best of your knowledge and belief. If any information you provide needs to be corrected, illegal, or against the provisions of any laws, Cloud Software Solution shall have the right to terminate this Agreement and deactivate your Account on the Website without giving any refunds.

Suppose anyone other than yourself accesses your Account. In that case, they may perform any actions available to you, make changes to your Account, accept any legal terms general therein, make various representations and warranties, and more – and all such activities will be deemed to have occurred on your behalf and in your name.

You may request closure of the Account at any time by clicking on the "deactivate your account" button. Your Account will be deactivated, provided all the outstanding dues and payments have been duly fulfilled upon deactivation of your services.

USER ELIGIBILITY:

You represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the preceding, if You are below eighteen (18) years old, please read these Terms of Use with your parent or legal guardian. In such a case, these Terms of Use shall be deemed a contract between Cloud Software Solution and your legal guardian or parent and, to the extent permissible under applicable laws, enforceable against You.

Cloud Software Solution reserves the right to refuse access to the Services offered at the Website to new Users or terminate access granted to existing Users at any time without any reason.

You shall have up to one active Account (defined hereunder) on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another person.

GENERAL USE OF THE SERVICE:

Customer shall not use the Service, in whole or in part, for any purpose unlawful or prohibited by this Agreement. Customer agrees that Customer will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service.

When you use the Website, you expressly undertake not to host, display, upload, modify, publish, transmit, update, or share any information that:

a. belongs to another person and to which you do not have any right to;
b. is grossly harmful, harassing, profane, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
c. harms minors in any way;
d. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
e. threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting of any other nation;
f. infringes any patent, trademark, copyright, or other proprietary rights;
g. contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
h. deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing;
i. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
j. attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any CSS server, or any of the Services offered on or through the Website by hacking, password mining, or any other illegitimate means;
k. probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
l. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
m. use the Website for any purpose that is unlawful or prohibited by the Agreement or to solicit the performance of any illegal activity or other activity which infringes the rights of CSS or other third parties;
n. falsify or delete any author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded;
o. violate any code of conduct or other guidelines, which may apply for or to any particular Service;
p. violate any applicable laws or regulations for the time being in force within or outside India;
q. violate the terms of the Agreement.

You agree that you are solely responsible to CSS and any third party for any breach of your obligations under this Agreement or other Agreements and for the consequences (including any loss or damage which CSS or its affiliates or its vendors may suffer) for any such breach.

USE OF CONTENT:

Except as expressly indicated to the contrary in any applicable additional terms, Cloud Software Solution at this moment grants you a non-exclusive, revocable, and non-transferable right to view, download, and print the Content available on the Website, subject to the following conditions:

1. You shall access and use the Content solely for personal, informational, and internal purposes by this Agreement;
2. You shall not modify or alter the Content available on the Website;
3. You shall not distribute or sell, license, or otherwise make the Content available on the Website available to others and
4. You shall not remove any text, copyright, or other proprietary notices in the Content available on the Website.

The rights granted to you in the Content or any other materials specified above do not apply to the Website's design, layout, look, and feel. Intellectual Property Rights protect such elements of the Website and shall not be copied or imitated in whole or part.

THIRD PARTY CONTENT:

For the Customer's convenience, the Service may contain products, services, Content, and information from third-party providers (which includes advertisers and affiliates) and links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of Cloud Software Solution, and Cloud Software Solution is not responsible for such Content, including, without limitation, any link contained in such Content or any changes or updates to such Content. Cloud Software Solution is under no obligation but does reserve the right to pre-screen Third Part Content available on the Service and does not assume any responsibility or liability for the Content provided by others. Cloud Software Solution provides such Third Party Content to Customer only as a convenience, and the inclusion of such Content does not imply endorsement by Cloud Software Solution of such Content or the affiliate or advertiser. Customers may be subject to additional and different terms, conditions, and privacy policies when using third-party products, services, Content, software, or sites. Cloud Software Solution does reserve the right to remove Content that, in Cloud Software Solution's judgment, does not meet its standards. Still, Cloud Software Solution is not responsible for any failure or delay in removing such material.

CHARGES AND BILLING:

Cloud Software Solution reserves the right to charge fees for the Service or any portion thereof if Customer is required to pay a fee for all or any part of the Service for which Customer has chosen. Currently, the Customer authorizes Cloud Software Solution to charge the Customer's valid and current credit or debit card, if details are given, in advance for all applicable fees incurred by the Customer in connection with the Customer's chosen package and Account. The Customer's Service and Account will automatically renew at the end of each subscription period unless the Service or Customer Account is terminated before the end of the then-current term. Suppose any annual, monthly, or similar periodic subscription fees are associated with the Customer Account. In that case, these fees will be billed automatically to the Customer's designated valid and current credit or debit card at the start of each renewal period unless the Customer terminates the Service before the relevant period begins. The Customer's subscription will automatically be renewed, and billing will continue at the then-current prices for the Service. Customer further acknowledges that it is Customer's responsibility to notify Cloud Software Solution of any changes to Customer's credit card or billing address and to update Customer's credit card number if Customer's credit card has expired; otherwise, Customer's access to the Service may be disconnected or interrupted. Cloud Software Solution shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment or, for free trial sites, the identity of the person registered for the trial period.

In the case of payment through cheques/demand draft, the Customer has to agree to pay 20% of the package chosen in advance when placing the order, and the balance is to be paid at the time of publishing the Website, thus creating for the Customer. The Customer also agrees to pay any taxes, including sales or use taxes, resulting from the Customer's use of the Service. The payment is due on receipt of the invoice by the Customer. The invoice shall be sent via email. Customer is responsible and liable for any fees, including attorney and collection fees, that Cloud Software Solution may incur to collect any remaining balances due from Customer. This section shall not limit any other remedies available to Cloud Software Solution. Customer also acknowledges and agrees that Customer will be billed for and will pay any outstanding balances if Customer cancels Customer's Account or Customer's Account is terminated due to Customer's breach of this Agreement. Customers must notify Cloud Software Solution of any billing problems or discrepancies within sixty (60) days after they appear on their credit card account statement. If Customer does not notify Cloud Software Solution within sixty (60) days, Customer waives any right to dispute such problems or discrepancies. Cloud Software Solution may show advertisements on any portion of the Service that it provides to Customers free of charge.

INTELLECTUAL PROPERTY RIGHTS:

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds, music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Cloud Software Solution or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through your use of the Website, by no means are any rights impliedly or expressly granted to you regarding such Content. Cloud Software Solution reserves the right to change or modify the Content from time to time at its sole discretion.

The trademarks, logos, and service marks displayed on the Website ("Marks") are the property of Cloud Software Solution or respective third parties. You are permitted to use the Marks with the prior consent of Cloud Software Solution or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Cloud Software Solution owns all intellectual property rights to and into the trademark "CSS Cloud Software Solution, "and the Website, including, without limitation, any rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, Content, graphics, icons, and hyperlinks.

Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any Content through any medium without obtaining the necessary authorization from Cloud Software Solution or the thirty party owner of such Content.

DISCLAIMER OF WARRANTIES & LIABILITY:

Cloud Software Solution provides the Website, Services, Content, User Content, and any Third Party Content on an "as is" basis without warranty, express, implied, statutory, or otherwise.

To the maximum extent permitted by applicable law, Cloud Software Solution will have no liability related to any Content, including Third Party Content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Cloud Software Solution disclaims all liability concerning the misuse, loss, modification, or unavailability of any Content, including Third Party Content.

You expressly understand and agree that, to the maximum extent permitted by applicable law, Cloud Software Solution will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Website or any Services, either with or without your knowledge.

Cloud Software Solution has endeavored to ensure that all the information on the Website is correct, but Cloud Software Solution neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, or product. Cloud Software Solution shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and associated graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Cloud Software Solution shall not be held responsible for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Cloud Software Solution's control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their discretion and risk, and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Cloud Software Solution is not responsible for any typographical error leading to an invalid coupon. Cloud Software Solution accepts no liability for any errors or omissions with respect to any information provided to you, whether on behalf of itself or third parties.

INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless Cloud Software Solution, its subsidiaries, affiliates, vendors, agents, and their respective directors, officers, employees, contractors, and agents (from now on individually and collectively referred to as "indemnified parties") from and against any losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and other statutory fees and disbursements in connection in addition to that and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with your breach of this Agreement.

Notwithstanding anything to the contrary in the Agreement (s), in no event shall Cloud Software Solution, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Cloud Software Solution has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website.

TERM AND TERMINATION:

The Agreement will continue to apply until terminated by either you or Cloud Software Solution as set forth below. If you want to remove your Agreement with Cloud Software Solution, click the "deactivate your account" button.

You agree that Cloud Software Solution may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if Cloud Software Solution determines that you have violated the terms of this Agreement.

Cloud Software Solution may, at any time, with or without notice, terminate this Agreement with You if:

• Cloud Software Solution is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful) or upon request by any law enforcement or other government agencies;
• Cloud Software Solution has elected to discontinue, with or without reason, access to the Website or;
• In the event, Cloud Software Solution faces any unexpected technical issues or problems that prevent the Website from working,
• Notwithstanding the preceding, these terms of this Agreement, as they are meant to survive termination/expiry of this Agreement, will survive indefinitely unless and until Cloud Software Solution chooses to terminate them.

GOVERNING LAW AND JURISDICTION:

This Agreement and all transactions entered into on or through the Website, and the laws of India shall govern the relationship between you and Cloud Software Solution without referencing conflict of laws principles.

You agree that all claims, differences, and disputes arising under or in connection with or hereto the Website, this Agreement, or any transactions entered into on or through the Website or the relationship between you and Cloud Software Solution shall be subject to the exclusive jurisdiction of the courts at BANGALORE, India. You, at this moment, accede to and accept the jurisdiction of such courts. Each party at this moment irrevocably waives any objection such party may now or hereafter have to the laying of improper venue or forum nonconvenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any Service of process and any further notice in any such suit, action, or proceeding concerning this Agreement shall be effective against a party if provided herein.

COMMUNICATIONS:

When you use the Website to generate inquiries, contact us, or communicate with Cloud Software Solution, You agree and understand that you share with Cloud Software Solution through electronic records. You consent to receive communications via electronic records from Cloud Software Solution periodically and as and when required. Cloud Software Solution will communicate with you by email or on your mobile number, which will be deemed adequate Service of notice / electronic record to the maximum extent permitted under applicable law.

GENERAL PROVISIONS:

Notice: All notices concerning this Agreement will be served to you by email or general notification on the Website. Any notice provided to Cloud Software Solution under this Agreement should be sent to the Grievance Officer at Sathish Selvam and mail id at support@cloudsoftwaresolution.in

Assignment: You cannot assign or otherwise transfer any rights granted hereunder or any obligations to any third party. Any such assignment, transfer, or purported assignment or transfer shall be void ab initio. Cloud Software Solution's rights and responsibilities under the Agreement are freely assignable or otherwise transferable by Cloud Software Solution to any third parties without seeking your prior consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Cloud Software Solution may reasonably amend such provision to make it enforceable, and the amended terms of these Terms of Use will give such amendment effect.

Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement or any related right shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use, in law, or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Principal-to-Principal Relationship: You and Cloud Software Solution are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and Cloud Software Solution.