Website Transfer Agreement

1. General Information

   Kak Infotech, hereafter referred to as Kak Infotech Website Transfer, provides the following terms of service. By using Kak Infotech’s service(s) you, hereafter referred to as Client, agree to the following terms and conditions. This document outlines the terms and conditions of Kak Infotech’s services, hereafter referred to as Service, the obligation of the Client and the obligation of Kak Infotech. Please review this document carefully before requesting Kak Infotech’s Service. Kak Infotech Website Transfer provides its Service to the Client as subject to the following Terms of Service, hereafter referred to as TOS. The TOS may be updated at any time without notice to the Client.

2. Refusal of Service

   Kak Infotech Website Transfer reserves the right to refuse service to anyone for any reason. This includes, but is not limited to, refusal to serve clients whose sites contain content deemed adult related, sexual products, nudity, persecution, slander, illegal activities, illegal goods or drugs, information used to harm any people or animals, or information used to destroy other peoples intellectual property.

3. Confidential Information

   Kak Infotech Website Transfer will not use or disclose to others without Client’s written consent Client’s confidential information, except when reasonably necessary to perform the Service under this Agreement. “Confidential information” includes, but is not limited to:

   1. The written, printed, graphic or electronically recorded materials furnished by Client for use by Kak Infotech

   2. Client’s business plans, customer lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries and improvements of any kind

   3. Any written or tangible information stamped “confidential,” “proprietary” or with a similar legend, and

   4. Any written or tangible information not marked with a confidentiality legend, or information disclosed orally to Kak Infotech, that is treated as confidential when disclosed and later summarized sufficiently for identification purposes in a written memorandum marked “confidential” and delivered to Kak Infotech Website Transfer within thirty days after the disclosure.

   5. Kak Infotech Website Transfer shall not be restricted in the use of any material which is publicly available, already in Kak Infotech’ possession or known to Kak Infotech Website Transfer without restriction, or which is rightfully obtained by Kak Infotech Website Transfer from sources other than Client.

   6. Kak Infotech’s obligations regarding proprietary or confidential information extend to information belonging to customers and suppliers of Client about whom Kak Infotech Website Transfer may have gained knowledge as a result of Kak Infotech’s Service to Client.

   7. Kak Infotech Website Transfer will not disclose to Client information or material that is a trade secret of any third party.

   8. The provisions of this clause shall survive any termination of this Agreement.

   9. Please see our privacy and non-disclosure policies for additional information.

   10. Kak Infotech Website Transfer may transfer information about Clients if Kak Infotech Website Transfer is acquired by or merged with another company, in which case Kak Infotech Website Transfer will notify Client.

4. Services

   Client understands and agrees to the following scopes of responsibility of Kak Infotech Website Transfer according to each service which it provides:

   1. Website Transfer

   The Website Transfer includes the migration of Client data, specified as files, databases and and email accounts, to the extent paid for by Client according to Kak Infotech’s current migration service pricing. This service is provided “AS-IS” and Kak Infotech Website Transfer assumes no responsibility for the errors, omissions, or other problems related to the Website Transfer Service.

   1. Data Storage

   This service provides as place of storage for Client’s data for the stated period of time which the Client chooses upon signing up for this service. Kak Infotech Website Transfer assumes no responsibility for any loss or corrupted data caused by or in connection with this service.

5. Duties of Client

   Client must supply to Kak Infotech Website Transfer at the time of entering this Agreement information required to access and complete the Service in this Agreement. This includes but is not limited to, Internet Protocol (IP) address of server, completion of authorization statement, password and other information required to complete the Service. Client shall inform Kak Infotech Website Transfer of any existing errors, previous conditions, configuration changes, non-standard software, special circumstances or other reasons why the server may not be of a standard configuration or otherwise interfere with Service to be performed by Kak Infotech, failure to do so negates all responsibility of Kak Infotech Website Transfer to complete the Service. In the event that a Client with an open project does not make contact, by phone or by email, with Kak Infotech Website Transfer for a length of time equal to or greater than fourteen days, said Client’s open project will be considered an abandoned project at that time and marked as completed by Kak Infotech. In addition, the Client must make known to Kak Infotech, in writing by email, any problems or issues related to the Service provided by Kak Infotech Website Transfer within fourteen days of order completion if Kak Infotech Website Transfer is to attempt to fix any errors, after which time the contract is complete, and no further work can or will be completed by Kak Infotech. Client agrees by signing up for Kak Infotech’s Service that Kak Infotech Website Transfer provides a service and not a product.

6. Billing Policy

   Client agrees to pay fees for any work or consultation which Kak Infotech Website Transfer performs for them in accordance with Kak Infotech’s current pricing.

7. Refunds

   Website Transfer is a service, not a product. Full refunds are only available if there have been no services rendered to the Client.

8. Charge Backs

   Because the Website Transfer is a service and not a product , full refunds are not available once any kind of service has been rendered to Client. Kak Infotech Website Transfer prefers working with customers rather then seeing a Charge Back. If Client will contact Kak Infotech’s billing department instead of issuing a charge back, then Kak Infotech Website Transfer can work with Client to achieve a desired results or an appropriate compromise. Client agrees that a maximum amount of fifty percent of the fees charged to Client for the Service in question during a Charge Back can ever be reimbursed to the Client. Client also agrees that a seventy-five dollar fee per charge back will be charged as a separate charge for any Charge Backs that Client issues.

9. Independent Contractor

   The parties acknowledge that they are independent of each other, and that they have no right or authority to assume or create any obligations of any kind, whether express or implied, on behalf of the other except as may be expressly provided in this Agreement. Kak Infotech Website Transfer is not an employee or agent of Client. Nothing contained in this Agreement shall be construed to create a partnership, joint venture, agency or employment relationship between Kak Infotech Website Transfer and Client. Kak Infotech Website Transfer shall have no responsibility for any of Client’s debts, liabilities or other obligations or for the intentional, reckless, negligent or unlawful acts or omissions of Client or Client’s employees or agents. Client may not bind Kak Infotech Website Transfer in any way whatsoever with respect to third parties. Kak Infotech Website Transfer retains sole and absolute discretion, independence, control and judgment in the manner and means of doing business and performing services to Client and/or its clients. Client agrees to indemnify and hold Kak Infotech Website Transfer harmless from and against any such payments or liabilities for which Client may become liable with respect to such matters.

10. Liability

    Client agrees that Kak Infotech Website Transfer shall not be responsible or liable, directly or indirectly, for any damage or loss caused by, or alleged to be caused by, or in connection with the use of or reliance on any content, goods or Service available on or through Kak Infotech’s website or Service. Client understands and agrees that Kak Infotech Website Transfer shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Kak Infotech Website Transfer has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Service; (ii) The cost of procurement of substitute goods and Services resulting from any goods, data, information, Service, whether purchased or obtained, or messages received or transactions entered into through or from the Service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party of the Service; or (v) any other matter relating to the Service.

11. Governing Law

    These Terms shall be governed by the laws of the State of New Delhi, India without reference to conflict of law principles. By subscribing to or using any of the Services of Kak Infotech, the subscriber, hereafter referred to as Subscriber, agrees that all disputes, if any, involving Kak Infotech Website Transfer shall be subject exclusively to the jurisdiction of the State and Indian Courts within the State of New Delhi; provided, further, that all action brought against Kak Infotech Website Transfer in State Court must occur in the New Delhi, India. Subscriber hereby agrees that it is subject to the “in personam” jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Kak Infotech. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under New Delhi’s long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Kak Infotech Website Transfer outside the State of New Delhi; and, that Subscriber, if involved before a court in a lawsuit outside of the State of New Delhi, shall be deemed to support and to stipulate to a motion made by Kak Infotech Website Transfer to dismiss said lawsuit with respect to Kak Infotech.

12. Copyright, Trademarks, Servicemarks

    KakInfotech.com, the Kak Infotech Website Transfer logo, other Kak Infotech Website Transfer logos, product and service names are trademarks or service marks of Kak Infotech. Kak Infotech Website Transfer does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from any of the Services, nor the quality of any products, information or other materials displayed, purchased, or obtained by the Client as a result of an advertisement or any other information or offer in or in connection with the Service (the “Products”). Client hereby acknowledges that any reliance upon any Materials shall be at the Client’s sole risk. Kak Infotech Website Transfer reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in any portion of the Service or the Materials.

    Kak Infotech Website Transfer reserves all rights to work product. Work product includes, but is not limited to, the programs and documentation, including all ideas, routines, object and source codes, specifications, flow charts and other materials, in whatever form, developed solely for Client. Client agrees that Kak Infotech Website Transfer shall retain any and all rights Kak Infotech may have in the work product.

    The use of the Kak Infotech name, logo, or other identifying features is prohibited. If Client or anyone else wishes to use the Kak Infotech Website Transfer name or logo, they must have permission of Kak Infotech.

13. License to Kak Infotech.com

    Kak Infotech.com claims no ownership interest in the content of Subscriber’s web site(s). By submitting content and data to Kak Infotech.com, Subscriber grants to Kak Infotech.com, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber’s copyrights and other rights, if any, in all material and content displayed in Subscriber’s web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Kak Infotech.com’s servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber’s cancellation of the Services.

14. Warranty

    The Service provided by Kak Infotech Website Transfer is on an “AS-IS” basis, and Kak Infotech Website Transfer expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the Service or any materials and products. In no event shall Kak Infotech Website Transfer be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the materials and the products.

15. Scope of Agreement

    This TOS( Terms of Service mentioned on all terms) constitutes the entire agreement between the Client and Kak Infotech Website Transfer and governs the Client’s use of the Service, superseding any prior agreements between Client and Kak Infotech. Client also may be subject to additional terms and conditions that may apply when the Client uses affiliate services, third-party content or third-party software. The TOS and the relationship between Client and Kak Infotech Website Transfer shall be governed by the laws of the State of New Delhi and India without regard to its conflict of law provisions. The failure of Kak Infotech Website Transfer to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, Kak Infotech Website Transfer and Client agree that the other provisions of the TOS remain in full force and effect. Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one month after such claim or cause of action arose or be forever barred.

16. Acceptance of Terms of Service

    If you (Client), for yourself or on behalf of one or more persons you are representing with respect to Kak Infotech’s Services, do not agree to any of the foregoing terms, you must, for yourself and on behalf of any such person(s), discontinue the sign-up process, and, if you have already signed up, discontinue your use of Kak Infotech’s Service. Beginning now, any continuation by you in using the Service constitutes for you and those represented by you an express affirmation and commitment to be (or to continue to be, as applicable) legally bound by and to comply with all of these terms.