TERMS & CONDITIONS
ACCEPTANCE OF TERMS
XSAYARSA provides products, software and Services (collectively, hereinafter referred to as “SERVICES”) subject to any customer’s or buyer’s (hereafter referred to as “CLIENT”) acceptance of and compliance with the Terms and Conditions (hereinafter referred to as “Terms”) and the terms and conditions of the Service Level Assurance Agreement (hereafter referred to as “SLA”) outlined below:
The Terms of the Agreement will commence on the date the Client enrolled for our Services and will end when terminated by either party in accordance with the Terms and SLA.
XSAYARSA has the authority to use its identifying mark that might come in the form of Logo, Design, URL or any types of brand identity to all websites or SERVICES produced from here and it will come into force without any consent of its customers or clients.
DESCRIPTION OF SERVICE:
XSAYARSA may provide Client with one or more services, included but not limited to, following: technology services and products including various web and Web hosting services, internet products, development and marketing of business management software, building software applications and technology applications for computers, business class email and SMS services, mobile phones and other devices, Ecommerce, consulting and related activities by various modes both in India and overseas. Unless explicitly stated otherwise, any new feature that augments or enhances the Services shall be considered to be part of the Services. XSAYARSA reserves the right to modify, suspend or discontinue the Services (or any part thereof), based on non-cooperation, non-payment, or unwanted delay from client, at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold XSAYARSA or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
ACCESS TO INFORMATION:
To access XSAYARSA Services or XSAYARSA Websites Client may be asked to provide certain registration details or other information. By accepting these terms & conditions, the Client hereby acknowledges that all the information provided by the Client will be correct, current, and complete. If XSAYARSA believes the information that the Client has provided is not correct, current, or complete, XSAYARSA has the right to refuse Client access to any XSAYARSA Websites or Services or any of its resources, and to terminate or suspend Clients account at any time.
Calls may be recorded for training and quality purposes.
CHANGES TO WEBSITE:
XSAYARSA hereby declares that The Company has sole right to change or remove the website (temporarily or permanently) or any part of it at any time, without notice. XSAYARSA shall not be liable to anyone (Client, third-party vendor or user) for any such changes or removal.
DATABASE, E-COMMERCE & APPLICATION DEVELOPMENT:
XSAYARSA is not liable for any losses caused by any software that is created for the client. Though we take every care to ensure the products are accurate and error-free, the ultimate responsibility remains with the Client to ensure that all products and software are functioning properly before use.
Where site and applications are developed on servers that are not provided by XSAYARSA, the Client will be responsible to provide and/ or seek any information, support, additional software and/ or co-operation relating to the server required for application to be developed correctly. For developing large applications, the Client will be responsible for providing a suitable testing environment, identical to the Client’s final production environment.
Any application or programming pertaining to a website developed by XSAYARSA, the Client is expected to fully test them before making the same generally available for use. XSAYARSA will endeavour but not obliged to correct errors, “bugs” or other issues are found in the website developed by us after the site is live to meet the standards of site’s function outlined in the brief.
WEBSITE DESIGN, PROJECT:
We will make every effort to ensure that the design of the website and any other work done by us is error free; however, XSAYARSA will accept any responsibility for losses incurred because of malfunction of the website or any part of it. XSAYARSA will be the rightful owner of the web server, website, graphics, content, and any programming code until the Client pays all outstanding accounts in full. Any work done by XSAYARSA will remain our property and copyright of XSAYARSA, unless otherwise agreed, and may be resold or commercially reproduced only with the permission of XSAYARSA.
XSAYARSA will not be liable for any copyright infringements that are caused due to materials submitted by the client.
Any additions to the brief where XSAYARSA makes no charge will be done at the sole discretion of XSAYARSA and for such additions XSAYARSA will not accept any responsibility to ensure that such additions are error free. We reserve the right to charge the Client accordingly for any correction to these additions or for further additions.
XSAYARSA will not be responsible for any loss of earnings, compensation or costs incurred due to any work carried out by the Client, on behalf of the Client, or by any third-party agents appointed by the Client.
XSAYARSA is not liable for loss of earnings, compensation or costs incurred because of the unavailability of the website, servers, software or other material provided by its agents.
Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. XSAYARSA is not and cannot be a party to or control in any manner any transaction between the Website’s Users.
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. XSAYARSA does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
- XSAYARSA does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. XSAYARSA does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. XSAYARSA accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- XSAYARSA is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. XSAYARSA cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. XSAYARSA shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- XSAYARSA does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
- XSAYARSA does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
- At no time shall XSAYARSA hold any right, title or interest over the products nor shall XSAYARSA have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. XSAYARSA is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. XSAYARSA is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
At no time shall XSAYARSA hold any any right, title or interest over the products nor shall XSAYARSA have any obligations or liabilities in respect of such contract.
XSAYARSA is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
- You release and indemnify XSAYARSA and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, XSAYARSA cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from XSAYARSA, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
XSAYARSA owns or has the license to or otherwise permitted by law to use the trade marks, copyright and intellectual property rights of the site and its content including (but not limited to) the website design, graphics, text, source codes and all software connected with the website.
Using this websites, you are agreeing to access the content only for your personal and non-commercial use home use. You cannot download, copy, transmit, reproduce, store, distribute or sell the content without the prior and written consent of XSAYARSA.
DISCLAIMERS AND LIMITATION OF LIABILITY:
The website of XSAYARSA is provided on an “AS AVAILABLE” and “AS IS” basis. XSAYARSA, to the extent permitted by the law, is not responsible for any direct, indirect consequential damage or loss (including but not limited to loss of business, data, opportunity and/ or profit) caused due to the use of the website.
XSAYARSA does not warranty that the website’s functionality will be error free or uninterrupted, that defects will be rectified and/ or that the website or server making it available are free of any virus or anything else that can be destructive or harmful.
CANCELLATION & REFUND POLICY:
All amounts owed by the client to XSAYARSA for Services rendered prior to the verified cancellation date must be paid in full. There will be no prorating for partial months throughout the Agreement. Due to account security and privacy concerns, all billing related questions and cancellation requests MUST be made in writing or via email.
Cancellation requests will only be processed if made by the initial authorizing party and if received in writing. There will be no refunds of any monies for any cancellation requests made after the cooling-off period of 7 days from the date of order. For security and training purposes, all calls, inbound and outbound, made through XSAYARSA corporate offices are digitally recorded and the recordings form a part of the verbal contract between XSAYARSA and the client.
Any cancellations done after the cooling-off period by the client, for any reason, will lead to a full payment of the agreed price and immediate termination of the contract, unless otherwise mutually agreed between XSAYARSA and the Client.
Client agrees to pay XSAYARSA the service fee, for any Program or Service Client enrols in, pursuant to the terms of the Payment Plan Client selected, including without limitation, all applicable taxes, if any, in accordance with the billing terms in effect at the time the service fee becomes payable. Client expressly understands, acknowledges and hereby authorizes XSAYARSA to automatically charge Client’s credit card or debit Client’s bank account once a month or one time as per the Program requirement.
Client will be charged as soon as they sign up over the phone. XSAYARSA also reserves the right to pursue alternative means of payment up to and including debt collection services and customer shall be liable for all collection costs, including without limitation, attorneys’ fees.
Accepted payment methods
XSAYARSA accepts credit and debit cards and transfers from your available bank account balance or cash. In general, there could be two ways for making payment, online and offline.
Payment Mode: Online
PAYMENT OPTION: CREDIT CARDS
Some of the most accepted credits cards are
- American Express
EMI ON CREDIT CARDS
EMI on credit cards is provided by banks in India like HDFC and ICICI bank to credit card holders. It is only for 3, 6, 9 and 12 months.
Banks do charge fixed annual interest rate directly to customers choosing EMI.
PAYMENT OPTION: DEBIT CARDS
- SBI Cards
- Debit Cards of Canara Bank, CitiBank, Indian Overseas Bank, PNB, Union Bank of India, ETC
PAYMENT OPTION: NETBANKING
- Almost all the major banks
PAYMENT OPTION: CASH CARDS
PAYMENT OPTION: MOBILE PAYMENTS
- All the majors bank in India
PAYMENT OPTION: PHONE PAYMENT
Make payment through your Visa Credit Card on your mobile
PAYMENT OPTION: DIGITAL WALLETS
All the majors Digital Wallets in India
Payment Mode: Offline
PAYMENT OPTION: CASH ON DELIVERY OR COD
The best paying method for SERVICES is Cash on Delivery (COD).
First is you pay after you receive the SERVICES then you could pay through cash which is very easy.
PAYMENT OPTION: DEMAND DRAFT OR DD
You could also pay through DD. You have to write In Favor of “XSAYARSA VENTURES PRIVATE LIMITED” and send us. Your SERVICES would reach on time.
PAYMENT OPTION: BY CHECK
Similarly, you can also pay through check.
PAYMENT OPTION: BANK DEPOSIT
Direct bank deposit option is available. Here you could deposit cash directly into our bank account.
So these were some of the offline paying methods. But all these are of no use except COD. If you go for COD then you don’t need any other offline paying option.
As XSAYARSA provides a bill-through service for sponsored listings, the company takes a significant credit risk for each and every Client. Therefore, the Client is responsible to maintain an active and valid payment method on file at all times. If for any reason, Client’s payment method is not available, XSAYARSA reserves the right to immediately and temporarily turn off the SERVICES, website, pay-per-click ads, sponsored listings and ongoing or then current production, reporting, or support Services being provided to account. If the payment is not received, XSAYARSA reserves the right to terminate the Agreement in full and retain ownership of the web site, or other Services until such time the account has been paid in full. All Term Commitment Terminations will result in an escalation of all fees owed under the Terms of the Agreement. Many clients maintain multiple forms of payment on file to prevent this from occurring. Representations and Warranties Client represents, warrants and covenants that (i) Client has sufficient authority to enter into the Agreement; (ii) Client is a business, not a consumer, and that Client’s use of XSAYARSA services is solely for lawful commercial and business purposes; (iii) Client has the necessary rights to provide all information provided under the Agreement for use as described in the Agreement.
AGREEMENT TO THE POLICY:
You should be aware that by submitting any kind of personal details to our website, you indicate your acceptance to the terms given above. In case of any queries or concerns you are always free to contact us for further assistance.
Choice of Law
If you choose to visit our website or use our products or services, any dispute over TERMS & CONDITIONS is subject to this TERMS & CONDITIONS Statement as governed by the laws of the India.
- The Parties agree to first mediate any disputes or claims between them in good faith and resolve the disputes amicably and share the cost of mediation equally.
- In the event that mediation fails, any controversy or claim arising out of or relating to this Agreement or breach of any duties hereunder shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act of India, 1996. All hearings will be held in Vadodara, India and shall be conducted in English. The parties shall each appoint an arbitrator who shall then appoint a sole arbitrator to preside over the Arbitration proceedings.