With Effect from 17th October, 2013
“HEXWIRELESS PVT LTD” TERMS OF SERVICE
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND HEXWIRELESS PRIVATE LIMITED (hereinafter “HEX”) GOVERNING YOUR USE OF HEX’S SUITE OF TELEPHONY PRODUCTS AND SERVICES INCLUDING BUT NOT RESTRICTED TO HEX’S SOFTWARE AND TELEPHONY SYSTEMS (hereinafter “Service(s)”).
Acceptance of the Terms
This Agreement consists of the following terms and conditions (hereinafter the “Terms” or “Terms of Service”). You must be of legal age (18 years or above) to enter into a binding agreement in order to accept the Terms. If you do not agree to the Terms, do not use any of our Services. By clicking on the “I agree” button or using the API or Services, you represent that you have read and agree to the terms and conditions of this Agreement.
You may terminate this Agreement for any reason by closing Your HEX account and adhering the account closure procedures.
HEX reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here – http://www.hexwireless.com/term
Violation of any part of the Terms of Service may result in termination of your account.
Using our Services
· You must provide your full legal name, a valid email address, company related details and any other required information to complete the sign-up process.
· In the event you are representing an entity, you hereby acknowledge and admit that you are authorized to execute all documentation with HEX on behalf of the entity and in the event HEX requires you shall provide all documentation to such effect.
· You are responsible for maintaining the privacy and security of your account. HEX will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
· HEX may communicate with you via email regarding your account, system updates, or other issues related to your account.
· You are responsible for all voice and electronic data (“Content”) posted and activity that occurs in your account (even when Content is posted by others to your account) under all circumstances.
· You shall use HEX’s services for lawful purposes only. You shall not transmit using HEX’s services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give right to civil liability or otherwise violate any applicable law.
· You are required to sign an Indemnity document agreeing to abide by the rules and regulations of the Telecom Regulatory Authority of India (TRAI) and Department Of Telecommunication of the Govt. of India (DOT). Any violation of the agreement will lead to termination of Services.
· HEX reserves the right to refuse, suspend or terminate service to anyone for any reason at any time.
Pricing and Payments
· The pricing plans specified in the pricing page are subject to market and telecom industry standards. Price revisions may happen when (and as deemed necessary) by HEX. HEX reserves the right to change the pricing plans without notice at any point of time.
· The pricing detail specified in the pricing page is exclusive of applicable taxes. Service Tax is applicable and is extra.
· HEX may suspend or refuse service and terminate this agreement at its own sole discretion if you default on any of your payment obligations.
· In the case of electronic payments, HEX shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on account of the Cardholder having exceeded the preset limit mutually agreed by HEX with our acquiring bank from time to time.
· HEX is bound by regulatory norms of the Telecom Regulatory Authority of India (TRAI), Department Of Telecommunication of the Govt. of India (DOT) and other authorities. Certain features may be removed depending on what the law of land dictates without prior notice.
· HEX provides its services on “As Is” basis. HEX reserves the right to modify, upgrade, suspend or terminate the Service with or without prior notice. HEX shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
· Feature requests by you may be executed by HEX based on its discretion and depending on priorities. HEX does not guarantee delivery of any feature that you may request.
· HEX provides support over email on firstname.lastname@example.org and over phone. 0265-6708585.
· For Email support a response can be expected within 24 working hrs.
· Though HEX will try to solve a reported problem regarding the use of the Service within a reasonable time, HEX does not guarantee that the problem will be resolved.
· If you wish to discontinue your account with HEX, you can email us at email@example.com or call us at 0265-6708585 expressing the same and we will facilitate the closure of your account.
· Any fees paid in advance shall not be refunded under any circumstances, regardless of period for which the Service has been used.
Privacy and Copyright Protection
· HEX has right to use your logo to be put up on our marketing brochures and website.
Disclaimer of Warranties
THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING OUT OF THE USE OF OUR SERVICES.
HEX disclaims all warranties whether express or implied, including but not limited to (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of the data provided by the Service, (v) Security and privacy of your data and (vi) that bugs or errors in the Service will be corrected.
Limitation of Liability
YOU AGREE THAT HEX SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE.
YOU’RE SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HEX RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL HEX’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE FOR THE PRECEDING THREE (3) MONTHS.
IF ANY PROVISION OF THE TERMS OF SERVICE IS HELD INVALID OR OTHERWISE UNENFORCEABLE, THE ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL NOT BE IMPAIRED THEREBY.
You agree to indemnify and hold harmless HEX, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including legal fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the Republic of India, without regard to principles of conflicts of laws. You agree that any dispute between the parties arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) shall be submitted exclusively to the competent courts located at Vadodara, India to the exclusion of any other court that may have jurisdiction in the matter and you consent to exclusive jurisdiction and venue in such courts.