This is a legal service agreement between you and Vtrio Solutions stating the terms, conditions, and guidelines that govern your use of our web applications, web services, and consulting services.
This is a legal service agreement between you and vtrio solutions stating the terms, conditions and/or guidelines that governs your use of our web applications, web services, applications and our consulting services. This agreement together with all updates, additional terms, software licenses, service specific policies, other vtrio policies and privacy policy collectively constitute the ‘terms of service' between you and vtrio. Your use and enjoyment of our services are subject to the complete and irrevocable acceptance, without limitations or warranty, expressed or implied, of all our terms, conditions, guidelines and policies including, but not limited to, the conditions and terms set forth in this terms of service. By agreeing to use our site and services you agree, without limitations or warranty, expressed or implied, that you shall be held liable for any violations of these terms and conditions and/or any other applicable service specific policy, or other general policies and/or our privacy policy.
The following terms and conditions (collectively, “Terms and Conditions”) contained in this Terms of Service (“Terms of Service” or “Agreement”), our Privacy Policy and all other supplementary documents, including but not limited to service-specific policies or documents, in connection therewith govern your use of the Vtrio Website (“Site”) located at www.vtrio.com (including any and all sub-domains), Web Applications, Web Services, Graphic Design Services, Applications and Consulting Services and any content made available from, through or on our Site and/or Service.
The Site and/or Services are made available by Vtrio Solutions Pvt. Ltd located at Cochin, India. The following Terms and Conditions describes the terms on which Vtrio offers you access to its Site and/or Services. We may make changes to, or update or remove or add portions and/or sections to the Terms and Conditions and this Terms of Service at any time, at our sole discretion, without any obligation to notify you of any such changes. By using our Site and/or Service you accept and agree to the Terms and Conditions set forth in this Terms of Service, all other relevant policies and our Privacy Policy and as applied and/or as applicable to your use of the Site and/or Service. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site and/or Service.
You agree that this Terms of Service, the rules, regulations and policies incorporated by reference in this Terms of Service, including, without limitation, the Privacy Policy and any other Service-specific policy, are the entire, complete and exclusive agreement between you and Vtrio Solutions regarding the use of our Site and/or Services and will supersede all prior agreements and/or understandings, whether written, implied or spoken, or established by custom, policy, precedent or practice, with respect to the subject matter of this Terms of Service including, without limitation, any purchase order provided by you for our Services.
By applying for a Vtrio Service or by using the Services provided by Vtrio under this Terms of Service, you acknowledge that you have read, understood, have consented and agreed to be bound by all the Terms and Conditions of this Terms of Service and documents incorporated by reference including, but not limited to, our Privacy Policy and Service-specific policies (if any).
Sections, inclusive of sub-sections, 1 through 15 apply to any and all of Vtrio Services that you may purchase. The Terms and Conditions set forth in this Terms of Service apply only to Customers, unless otherwise referred or mentioned, who have purchased Vtrio's Services. In the event of any inconsistency in the Terms and Conditions stated in this Terms of Service, we shall control with regard to the applicable Vtrio Service. If you purchase a Service that is sold together as a Bundled Package, like buying a website package with shopping cart as opposed to purchasing them differently, termination of any part of the Service will result in the termination of all Vtrio Service provided as part of the Bundled Package. You agree and acknowledge that some or all of the Services you purchase or receive from us may be provided by third parties (like Paypal).
As consideration for the Services you have purchased, you agree to pay Vtrio Solutions the applicable Service fees set forth on our Site at the time of your selection or as agreed upon by you and Vtrio or, if applicable, upon receipt of your invoice from Vtrio Solutions. All fees are due immediately and are non-refundable, except as otherwise expressly stated in this Terms of Service or with consent from Vtrio Solutions. Unless otherwise specified herein, or on our Site, each Vtrio Service is for a one-year initial term and renewable thereafter as set forth during the renewal process. Any renewal of your Service with us is subject to our then current Terms of Service, including but not limited to, successful completion of any applicable authentic procedure, and payment of all applicable Service fees at the time of renewal.
Except for the Service to which you have subscribed on a monthly basis, we will endeavor to provide you notice prior to renewal of your services at least fifteen (15) days in advance of the renewal date. Additional payment terms may apply to the Vtrio Service you purchase, as set forth in the applicable sections of this Terms of Service. We may also provide you with an opportunity to “opt-in” to our automatic renewal process in accordance with the instructions and subject to your irrevocable agreement to the terms and conditions pertaining to that process on our Site. You agree and acknowledge that the renewal price may be higher or lower than the price you paid for the Service previously and/or initially when you bought it, and that you are authorized to charge your credit card on file, or as applicable, for the renewal of the Services. Furthermore, you are solely responsible for the credit card information you provide to Vtrio and must inform Vtrio of any changes thereto, like change of expiration date or the account number. In addition, you are solely responsible for ensuring that the services are renewed and Vtrio shall not be held liable to you or any other third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services. You irrevocably and expressly agree to pay all value added, sales and other taxes related to Vtrio Services or payments made by you hereunder.
Vtrio Solutions' preferred and accepted mode of payment is via wire-transfer; though we do accept payments through Paypal, Credit/Debit card and Cheques which will be subject to payment clearance before the Services are made available, when applicable. All payments or fees for Vtrio Services shall be made in U.S. Dollars (USD), Indian Rupees (INR), Euro (€) or any other currency that is approved by the management. Set-up charges, if any, will become payable on the applicable Effective Date for the applicable Vtrio Service. All amount due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less.
Vtrio reserves the right at any time to change its current fees structure, cancel the current access fee and/or charge fees for access to portions of the Service and/or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time Vtrio requires a fee for portions of the Service that are now free, Vtrio will give you advance notice of such fees and the opportunity to cancel the account before such additional charges are imposed. All new fees, if any, will be posted in the Site Help area of our Member Center and/or in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Vtrio or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
Our Privacy Policy is incorporated herein by reference for all purposes, unless otherwise expressed. We only collect and use information in accordance with the terms and conditions stated in our Privacy Policy and/or any other Service-specific policy. In the event that we engage the services of third party vendors or other service providers, your User Information may be subject to the information collection and use policies with respect to the privacy thereof of such third party vendors and other service providers. We may use third party services in connection with Submitted Materials. In accordance with Section 4.7 Contests, Promotions and Sweepstakes of our Privacy Policy, information submitted via user participation in contests, sweepstakes, and Submitted Materials including, without limitation, submitted video, graphic images and photographs) become publicly available and may be used by us for any lawful purpose. Vtrio may share User Information that is included with Submitted Materials with any third parties including, without limitation, other service providers, affiliates and partners. You hereby represent, warrant, acknowledge and consent that you are solely responsible for the accuracy and content of User Information (where applicable).
Our Services require you to create an account to participate or to secure additional benefits. You expressly agree to;
We rely on this information to send and communicate important information, notices regarding your account and our Services and/or billing matters with you (refer, Section 4.4 Mandatory Communications of our Privacy Policy). You agree that Vtrio is authorized, but not obligated to use systems or programs as may be recognized by the United States and/or the Indian Postal Service or other international postal authority for updating and/or standardizing address information to change any address information associated with your account (like registrant address, billing contact address, etc.), and you agree that Vtrio may use and reply upon such changed address information for all purposes in connection with your account, including the sending of invoices and other important information, as though such changes has been made directly by you.
You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including, but not limited to, using another person or entity's username, password or other account information, or other person or entity's name, likeness, voice, image of photograph. You shall not submit fraudulent information or encourage a third party to submit fraudulent information on your behalf. You expressly agree to notify us of any wrongful use or any usage that might be constituted as wrongful, breach of security, or any other breach or usage incompatible with the Terms and Conditions, immediately and without conflicts or apprehensions.
The current applicable Privacy Policy for Vtrio's Site and/or Service is located on our Site at http://www.vtrio.com/privacy-policy.php and is incorporated herein by reference, as it is applicable to our Services. You are hereby advised to carefully read and scrutinize our Privacy Policy along with any other applicable policies or Service specific policies along with this Terms of Service before you agree to our Terms and Conditions. The applicable Privacy Policy sets forth both your and Vtrio's rights and responsibilities with regard to the handling, processing and/or storage or your personal information. You agree, irrevocably, that Vtrio, on its sole discretion, may update, modify or make changes to our Privacy Policy at any time. In such an event we will send you a notification, which shall be considered as part of Mandatory Communications (refer, Section 4.4 Mandatory Communications of our Privacy Policy), and/or may post the revised Policy at out Site at least 10 days prior to the Effective Date. You agree that, by using our Services after the revised Privacy Policy has come into effect, you have agreed to, consent to and accept the revisions in the Privacy Policy. You acknowledge that if you do not agree to the revised Privacy Policy, you cannot continue using our Services and may terminate this Terms of Service. We will not refund any fees paid by you if you terminate your Terms of Service with us except as otherwise expressly provided in one or more of the Terms and Conditions contained hereto. We will not process the personal data we collect from you in any way incompatible with the purposes and other limitations described in our Privacy Policy.
Vtrio's Site and Services are directed at adults; it is not directed to children under the age of 13. We operate our Site and Services in compliance with the Children's Online Privacy Protection Act (COPPA). We do not intentionally collect, use or maintain personal information from anyone under the age of 13. Children under 13 years of age are encouraged to navigate away from this site and refrain from providing any personally identifiable information without the knowledge and permission of a parent or guardian. Any information thus collected, brought into our notice and verified, will be immediately removed from our databases and servers except as permitted by law or with verifiable consent of a parent of guardian. This may mean that children under the age of 13 might not be able to participate or use certain features of the Vtrio Site and Services. Vtrio Solutions recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests.
Except as expressly provided otherwise herein, all notices to Vtrio shall be in writing and delivered via overnight courier or certified mail, return receipt requested, to Vtrio Solutions, Attention: Legal Department, 31/757 E, Thondiyil Plaza, Vyttila, Cochin – 682 019. All notices to you shall be delivered to your mailing address or e-mail address provided by you in your account information and/or as updated by you pursuant to this Terms of Service.
You hereby authorize us to contact you as our customer by any means necessary including but not limited to via telephone, email, and postal mail, as provided by you in your account information and/or updated by you pursuant to this Terms of Service and is herein incorporated by reference.
Notices and announcements may include commercial emails, telephone solicitations and other notices describing changes, upgrades, new products and services or other information pertaining to Internet Security or to enhance your identity on the Internet and/or other relevant matters.
Time limitation on filing any claim, you agree that our entire liability, and your exclusive remedy, in law, in equity or otherwise with respect to any vtrio services provided under this terms of service and/or for any breach of this terms of service is solely limited to the amount you paid for such services during the period applicable to this terms of service. In no event shall vtrio, its licensors and/or contractors, including but not limited to the third parties providing services (like paypal), be liable for any damages incurred including, but not limited to, loss of profits, business interruption, loss of information, consequential damages, special damages, incidental damages or nominal damages arising out of the use of or the inability to use the vtrio services, even if vtrio solutions has been advised and warned of the possibility of such damages. Vtrio can under no circumstances be held liable or responsible for complications or operating loss or any other damages incurred or that you might incur as a consequence of your mandatory compliance with this terms of service, other applicable polices and our privacy policy (refer, section 8.1 legal disclaimer of our privacy policy). To the extent that if a state, country or jurisdiction does not permit the exclusion or limitation of liability as setforth herein then vtrio's liability is limited to the extent permitted by law in such states.
You agree that your use of our services is solely at your own risk. You agree that all of such services are provided on an “as is” and “as available” basis, except as otherwise indicated or noted in this terms of service. We expressly disclaim all warranties of any kind whatsoever, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for any particular purpose and non-infringment. Vtrio solutions does not make any warranty that services licenced hereunder will meet your requirements or expectations or that the services will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results that may be obtained from the use of the services as to the accuracy or reliability of any information obtained through our services. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our services is done at your own consent, discretion and risk and that you will be solely responsible for any damage to your computer system, other systems or loss of data or whatsoever damage that may result from the download and/or access and use of such material and/or data. We make no warranty whatsoever regarding any goods or services purchased or obtained through any of our services or any transactions entered into through such services. Vtrio does not offer advice and no advice or information, whether oral or written, obtained by you from us and/or our support staff and/or through our site and/or services, shall create any warranty not expressly made herein and you may not rely on any such information or advice as such. To the extent, jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We are not responsible and shall have no liability with respect to any products and/or services purchased by you from a third party.
You hereby agree and warrant that;
Neither you nor Vtrio shall be deemed in default hereunder, nor shall any party be held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, storm, natural disaster, man-made disaster, any that could be considered an act of God, terrorism, civil uprising, armed conflict, labor strike, lockout or boycott, provided that the party relying on this section:
You irrevocably and expressly, without limitations or warranties, agree to release, indemnify, defend and hold harmless Vtrio Solutions, its directors, employees, agents, officers, other users, Representatives and/or affiliates and all of the foregoing entity's respective officers, directors, owners, employees, agents, Representatives and assigns from and against all liabilities, claims, damages, costs, expenses, reasonable attorney fees and expenses, relating to or arising out of:
Additionally, when we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Terms of Service. We shall have he right to participate in any defense by you of a third-party claim related to your use of any of the Vtrio Services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this section and/or this paragraph will survive any termination or cancellation of this Terms of Service.
The following are the circumstances and/or conditions under which our Services can be terminated.
Termination By you. You may terminate this Terms of Service, and thereby any Vtrio Service, upon at least thirty (30) days written notice to Vtrio for any reason.
Termination By us. We may terminate this Terms of Service, and thereby any Vtrio Service, or any part or the Vtrio Services at any time, on our sole discretion, in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred and set forth in Section 4.2 User Information Submission Guideline of this Terms of Service, if we determine on our sole discretion that you have violated the Vtrio Terms of Service, or any service-specific policies or our Privacy Policy or upon thirty (30) days prior written notice if we terminate or significantly alter a product of Service offering.
Effect of Termination. Except as otherwise expressly set forth herein or on our Site, Vtrio will cease charging your credit card, recurring payment by other modes (like Paypal), if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by Vtrio, you will not receive any refund for payments already made by you as of the date of termination. If termination of this Terms of Service is due to your default hereunder, you shall bear all costs of such termination, including but not limited to, any reasonable costs, Vtrio incurs in closing your account. You agree to pay any and all costs incurred by Vtrio in enforcing your compliance with this Section of the Terms of service. Upon termination, you agree that you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason we may delete all or parts of the information related to you on the Vtrio Service, at our sole discretion. You also understand that in addition to the terms set forth herein, certain Vtrio Services may have additional terms regarding termination, which are set forth in the applicable Service specific policies.
Effect of Termination of Bundled Services. In addition to the terms set forth in the sub-section 6.2 (3) Effect of Termination above, if you purchase Vtrio Services which are sold together as part of a Bundled Package of Services, any termination relating to such, will terminate all Vtrio Services included in the package. Upon the Effective Date of termination, Vtrio will no longer provide the bundled Services to you. You agree that any licenses granted to you shall be void and terminated immediately and you shall refrain from using such services, provided, however, that we may, in our sole discretion and subject to your irrevocable agreement to be bound by the applicable agreements and to pay the applicable fees, allow you to convert certain Services included in the Bundled Services to stand alone or individual Services.
To establish, access and / or use the Vtrio Site and/or Services or to modify your account, you may be required to establish an account and obtain a login name, account number and/or a password. You hereby exclusively, without limitations or warranty, authorize us to process any and all account transactions initiated through the use of your password. You agree that you are solely responsible for maintaining the confidentiality of your password and other account related information required to establish, access, modify and/or use the Vtrio Services. You agree that you will immediately notify us of any unauthorized use or your password and you understand that you are responsible for any unauthorized activities, charges and/or liabilities made through your account. You hereby expressly, without limitations or warranty, agree and consent that in no event and under no circumstances shall Vtrio be held liable for the unauthorized use and/or the misuse of your login name, account number and/or password. You agree that we may deactivate any account that is inactive for an extended period of time.
Vtrio, on its sole discretion, reserves the full right, without limitations or warranty expressed or implied, to refuse to register your chosen username, issue you a digital certificate and/or register you for other Vtrio Services. In the event we do not register your chosen username, issue you a digital certificate, or register you for other Vtrio Services or we delete your chosen or other Vtrio Services within such thirty (30) calendar days, we agree to refund any applicable fees you have paid. You agree that we shall not be held liable to you and/or any other third party acting on your behalf for loss or damages that may result from our refusal to register you with our Site and/or Services.
Except as otherwise mentioned, stated or set forth herein, your rights outlined and stated under this Terms of Service can not be assigned, gifted, given, and/or transferred to any third party. Any attempt by your or any other third party assigned by you including, without limitation, your creditors, to obtain an interest in your rights under this Terms of Service, whether by attachment, garnishment, levy or otherwise, shall render this Terms of Service void and/or terminated at our sole discretion. You agree not to reproduce, sell, resell, copy, duplicate or otherwise exploit for any commercial purposes any of the Services and/or any portion thereof without the prior express written consent of Vtrio Solutions.
As between you and us, we or our licensors, as applicable, own, solely and exclusively, all rights title and interest in and to the Site and Services, all the content, except as mentioned in Section 4.1 User Information, code, data and materials thereon, the look and feel, design, layout and organization of the Site and/or Service and the compilation of the content, code, data and materials on the Site and/or Service including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein and, in the event that we do not own such content, data and materials. Your use of the Site and/or Service does not grant you ownership of any content, design, code, data or materials found on the Site and/or Service, unless the data you collect is acquired by you.
Vtrio does not permit or authorize any attempt to use our Services in a manner than could damage, disable, overburden, impair or render incapable and/or unavailable any aspect of any of our Services, or that could interfere with any other users and/or customers use and enjoyment of our Services. If we believe or is led to believe that unauthorized or improper use is being made of our Services, then we may, without notice, take such action as we, on our sole discretion, deem appropriate, including but not limited to, blocking access to the Site and/or Service from a particular internet domain, server or IP address.
Any commercial or promotional distribution, publishing or exploitation of the Site or any content, code, date or materials on the Site and/or Service is strictly prohibited unless you have the prior express written permission from the authorized personnel of Vtrio or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site and/or Service.
We control and operate our Site and Services from Cochin, India, regardless of where our hosting servers are located.
You may access and view all contents, graphics, text and all other materials made available through our Site and/or Service on you computer or other devices and you may make copies or print-outs of the content available through our Site and/or Service for your exclusive personal, non-commercial, referential use at your own risk, provided that you keep and adhere to all, without limitations or warranty, copyright and other proprietary notices contained therein and use the same in accordance with all applicable restrictions and guidelines on your use of the Site and/or Service in general.
The Trademarks displayed on the Site and/or Services or on content available through the Site and/or Service are registered and unregistered Trademarks of our and others may only be used in accordance with the Section 10.1 Limited License, provided that such use may not be likely to cause customer confusion or, in any manner, disparage or discredit their rights holders. All Trademarks not owned by us that appear on the Site and/or Service or on or through the Site and/or Service, if any, are the property of their respective owners.
Your employees, consultants, contractors and/or agents are not agents, employees or joint ventures of Vtrio Solutions and they do not have any authority to bind us by contract or otherwise to any obligation. Both you and Vtrio shall ensure that they shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
You agree that, if your agent or anybody representing you or on your behalf purchased our Services, you are bound as a principal by all the Terms and Conditions of this Terms of Service, our Privacy Policy and any other applicable Service-specific polices. Your continued use of our Services endorses any unauthorized actions of your agent. By using or being allowed to use your login name, account number or password, confirms that you have authorized your agent to apply for our Services, on your behalf, and by clicking “I Agree” and/or by actually using our Services they are authorized to bind you and have informed you of the Terms and Conditions of this Terms of Service. Furthermore, you shall be help responsible for any errors and/or misuse made by your agent.
Our company policy does not allow us to accept or even consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under the exclusive direction of us might seem to others to be similar to their own creative work. We do not solicit nor do we wish to receive any confidential, secret or proprietary information from you through the Site and/or Service, by email, courier, postal mail or any other way. If, despite our request, you intentionally or unintentionally send us Submitted Materials, or User-Generated Content through such features or activities we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity.
You expressly agree that you shall;
Vtrio respects the intellectual property rights of others and require that our users do the same. If you believe in good faith that a copyrighted work has been reproduced copied or altered in such a way that constitutes copyright infringement, please notify our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below. To be more effective and to reduce cluttering, the notification by be a written communication that includes:
Copyright Agent
Vinu Joseph
Vtrio Solutions Pvt. Ltd.,
Athulya Infopark, Infopark Campus,
Kakkanad, Cochin - 682 042, India
Tel : +91 9656600307
Landline : 0484 4019709
The following Rules of Conduct apply to Vtrio Site and Services. By using this site you expressly agree that you will not distribute and submit Submitted Materials that:
These Terms of Service have been made in and shall be constructed and enforced in accordance with the laws and regulations of the city of Cochin, India. Any action to enforce these Terms and Conditions of this Terms of Service shall be brought in the federal or state courts located in Cochin, India.
Notwithstanding any of the foregoing, nothing in these Terms and Conditions set forth in this Terms of Service will serve to preempt the promises made in the Vtrio Solutions Privacy Policy.
All correspondence, unless otherwise mentioned, should be sent to, legal@vtrio.com
You agree to report and not withhold any copyright violations of this Terms of Service to Vtrio Solutions as soon as you become aware of the same. In the event you have a claim of copyright infringement with respect to material that is contained in the Vtrio Site and/or Service, please refer the Section 13.1 Notice and Procedure for Making Copyright Infringement Claims.