GENERAL PROVISIONS ::
Each part of the Terms is independent of each other. If any part of the Terms is found void and unenforceable, it will not affect the validity of the balance of the Whole Terms, which shall remain valid and enforceable according to its terms. In case of any breach of the Terms, PROGOTI has a right to terminate the Terms forthwith. WE RESERVE RIGHT to showcase our works on this website purely for purpose of publicity as a business expansion policy. Therefore, it is assumed that being a client you are aware of this fact through this webpage otherwise if you disagree for any reason whatsoever, you can write to us so that we can sort your logo or any image content out from aforesaid purpose.IF YOU DO NOT ACCEPT AND AGREE TO ABIDE BY THE TERMS, YOU MUST NOT USE THE WEBSITE or RENDER SERVICE OFFERED BY PROGOTI.
OWNERSHIP OF INTELLECTUAL PROPERTY ::
The content of the Website is the property of PROGOTI as hereof planned,developed by its hired affiliate Creaio.As Creacio affirm the ownership of IP herein, all subsidiaries, licensors, suppliers, service providers, vendors, advertisers, promotional partners under wing of PROGOTI, are legally protected, without limitation, under Indian Laws and regulations. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein. You must not alter, delete or conceal any copyright or other notices contained on the Website. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Website matter without express prior written consent from both of CREACIO and PROGOTI. We respect the intellectual property of others. The Website expects the User to do the same. If you believe that the Website contains any image elements used to showcase our works that may infringe your intellectual property rights in your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we will remove all such content which is indicated as infringing and/or take any other appropriate action.
CONTENT AND COPYRIGHT ::
All materials provided on this Web site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of PROGOTI and/or its vendors or suppliers. All Materials herein and all PROGOTI software are proprietary to PROGOTI. and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of PROGOTI
However, PROGOTI hereby authorizes you to view, copy, download and print the Materials available on this Web site, provided that: (1) if you are a potential or actual renter, the Materials are used solely for personal, non-commercial purposes and if you are a property owner/manager, the Materials are used only for the purposes of using the services expressly offered by us; (2) the Materials are not modified or redistributed; and (3) all copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be cCreacio Softweretrued as conferring, by implication, estoppels or otherwise, any license or right under any patent, trademark or copyright of PROGOTI.
The trademarks, trade names and service marks (the "Marks") displayed on this Web site are the property of PROGOTI. Users are not permitted to copy or otherwise use these Marks without the prior written consent of PROGOTI.
APPLICABLE LAWS ::
The Terms contain entire understanding and agreement between Client and PROGOTI and supersedes any and all prior or inconsistent understandings relating to the Website. The Terms cannot be changed or terminated orally. If any provision of the Terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Terms will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of the Terms. The Terms and your use of the Website is governed by, construed and enforced in accordance with the laws of India and, for the purposes of any legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Krishnagar, Nadia,West Bengal, India.
INFORMATION TECHNOLOGY ACT & INDIAN LAWS ::
The User agrees and undertakes to abide by the provisions of Information Technology Act and/or any other laws/rules/regulations of India. The User impliedly and expressly undertakes to submit to the jurisdiction of enforcing/statutory authorities for any violation of the IT act and other laws.
RFID INSTALLATION ENVIRONMENT ::
Pre installation set up should be provided by the clients. However we can supervise or stretch out our helping hand for required set up of amenities like internet or local hosting cum networking or in electrical if authority clearly seek cooperation from us. But in such case the expenditure should always be borne by clients or they will purchase in favor of us as per requisite demand.
RFID SYSTEM USAGES ::
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our device or the hardware contained in RFID system without our prior expressed written permission. You agree that you will not use any additional device, software or routine to interfere or attempt to interfere with the proper working of the Progoti hardwares. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
RFID DEVICE MALFUNCTION ::
We test all equipment beforehand we install our in-house developed devices. However if any malfunction takes place due to physical constrain like over current or short circuit or jerk in voltage at client's electrical system or in case of natural calamity, repair or paid replacement will be carried out. If through inspection lead to any problem within our device and not due to aforesaid reason, only in that case free replacement will be provided if ever happens so forth. The User agrees and undertakes not to assume ur responsible in case of pheripheral disorder from third party vendor as such ram,router,wifi etc.
RFID WEB HOSITNG ::
We We only take liability for debugig or free updating if the RFID online software is made and hosted by us or our alience partner like Makerbook or Crecio at present. We also recommend both from our end only as in case of multi vendor service,the probable issue may occurs in two circumstances.1.When Web-Site Or Web-Portal Is Developed By Us Yet Hosting Is Not Under Our Supervision: the source code will be encrypted before handover the product.Progoti will not be liable for any security issue such as data-base or file management. 2.When Web-Site Or Web-Portal Is Not Developed By Us Yet Hosting Is Under Our Supervision: If server load issue occurs by any means such as error code,auto generated spam,unsolicited e-mailing,presence of Warez, cracks and so forth; service will be withdraw instantly and relevant notification will be initiated to the client for rectification of the same.
ANNUAL MAINTENANCE CONTRACT
If any company or individual client disburse the responsibility of AMC solely upon Progoti,for security concern, Progoti will behold the respective server id, password of FTP,C-panel & Data base. Here the term ‘security’ depicts any unavoidable circumstance when any deletion or alteration of file or folder occurs due to unfortunate and unwillingly human error. The domain charge for hosting will be taken from respective owner or clients.
ID & RFID CONSOLIDATION ::
PROGOTI does not authorize any of its agents and franchises to consolidate or resell hardware devices or RFID products to sub-agents and/or other agents and franchises. If found all such bookings shall be treated as fraudulent and has the right to cancel such bookings at its own discretion with no liability for any cCreacio Softwereequential loss or damage. Any consolidation or reselling of products and services by agents and franchises requires prior approval and permission of PROGOTI.
GENERAL PROVISIONS ::
1. We are strictly abiding by the rules and regulations of TRAI and follow the agreement content that fulfill TRAI instructions for bulk sms..
2. The pricing is subjected to change as per the TRAI & Operator regulatiCreacio Softwere from time to time.
3. For any changes in Pricing of the service we will provide prior notification through panel and e-mail.
4. Amount paid for any services are non refundable
5. The payment for any particular service can't be considered for usage of any other services. Hence the payment is non-Transferable.
6. We are providing lifelong validity for sms credits but in case of any price telecom revenue enhancement from the TRAI, we reserves the right to average your remaining credits as per the new price structure but not in case of Network Operator price hike
LIMITATION OF LIABILITY
Whilst we will take all reasonable steps to deliver your messages to recipients as fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages across the cellular mobile networks.
Furthermore, delivery reports and the originator are operator dependant features and so it is not possible for us to give 100% guarantees for their availability. We recommend that tests should be conducted beforehand when these features are considered to be of high importance.
You acknowledge that as we send and receive text-messages via major telecommunication companies and Mobile Network Operators, our influence over the transmission of your messages is within the technical constraints imposed upon us.
Our responsibility is therefore to ensure that the text-messages you send through the service are processed correctly and delivered to the assigned entity. We are not responsible for the final delivery of the message, as this is out of our control and is the responsibility of the Mobile Network Operator.
SMS that cannot be delivered within the time span allocated to them either by TRAI or a Mobile Network Operator, will be discarded by the Mobile Network Operator, without any notice.
We are not liable for any loss incurred by the failure of a message to be delivered and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Team Progoti .Furthermore, you agree that message contents are deemed to have zero value.
You also acknowledge that text-messages are transmitted unencrypted and that eaven may drop as like mobile voice communications, including SMS delivery, by third parties is possible through hacking. We also recommend that you ensure sensitive and valuable information is communicated by a number of other IP secure communication methods.
Furthermore, use of the service and the Internet is at its own risk and that the service is provided 'as is' and 'as available', without any warranties or conditiCreacio Softwere whatsoever, expressed or implied. We will use all commercially reasonable efforts to make access to the service available through the required access protocols, but make no warranty or guarantee that you will be able to access the service at any particular time or any particular location. Without limiting the generality of the terms set forth, we and our affiliates, agents, content providers, service providers, and licensees.
If at any time you breach the terms & conditions of the service, we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your service at any stage for any reason we may deem necessary to continue to provide any of our services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.
Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations then accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.
You are also free to terminate or cancel this agreement at any time, and for any reason. For such a termination or cancellation to be effective however, you must inform us in writing through email, you will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account.
If you do not agree to the above mentioned "Terms of Service" do not subscribe to use the Progoti SMS services.