Terms & Conditions of Service

Disputes

All payments after the first 7 days of service to Peak Web Guide are nonrefundable regardless of reason or usage. Any incorrect, overcharges or billing disputes must be reported within 7 days of the time the charge occurred. If you dispute a charge to your credit card issuer that, at Peak Web Guide sole discretion is a valid charge under the provisions of the TOS, you agree to pay Peak Web Guide, An "Administrative Fee" of $100 (7500 INR) per dispute.

Terms Of Payment

The Client and Peak Web Guide ask quotations before start of work. And if both parties agree then work will start and deliver. After delivery of work there is no bargain on the amount of work done by us. Sometimes the client does not ask for a quotation for similar work we did earlier. That means they agree to previous payment terms. If a client used our code to a different location, pages and website then they need to get permission from us otherwise the company asks to pay a royalty amount of that work. Clients need to pay when they get an invoice within 30 days otherwise. If the customer fails then the customer needs to pay 1% monthly interest of the total invoice amount and yearly compounding interest. If Customer fails to make a pending payment, then the company has the right to sell their domain website and refund the balance payment to the customer. And Peak Web Guide have the right to suspend their service without any notice.

Customer Abuse

We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Furthermore, posting negative feedback on any public forum about our company and/or our employees before submitting a ticket to our 'Feedback' department to discuss your issue will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our 'Feedback' department first.

Disclaimer

PEAK WEB GUIDE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. PEAK WEB GUIDE MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. PEAK WEB GUIDE DISCLAIMS ANY WARRANTY OR MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, FAILED BACKUPS, FAILED HARDWARE, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY PEAK WEB GUIDE AND ITS EMPLOYEES, DATA CENTER, CONTRACTORS. PEAK WEB GUIDE RESERVES THE RIGHT TO AMEND OR UPDATE THESE POLICIES WITHOUT NOTICE. Failure to follow any terms and conditions may result in account deactivation or termination without notice. Peak Web Guide furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Peak Web Guide wishes to emphasize that in accepting services, customers indemnify Peak Web Guide for the violation of any law or Peak Web Guide policy, that results in loss to Peak Web Guide or the bringing of any claim against Peak Web Guide. This means that if Peak Web Guide is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Peak Web Guide, plus costs and reasonable attorneys' fees.

Confidentiality Statement

We at Peak Web Guide insure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by Peak Web Guide, its representatives, independent contractors, and employees, for the purposes for which it was intended, for the benefit of the subscriber and which comply with all safeguards under federal and applicable state law. We agree not to share or release such information to any individual, entity, or third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized Peak Web Guide Staff members only.

Although we try to maintain very high service availability, the services provided are not designed for mission critical use, and should not be used for such purposes. Our services should only be used for fault-tolerant purposes which allow for failure. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.

Client Responsibility And Indemnity

Supervision of staff. Your assigned staff acts under your direction. If you require your staff to make decisions on your behalf about the way in which any work/ actions/ tasks/ strategies or other business-related functions are performed, you do so on the basis that the staff member is acting on your behalf and is under your supervision at all times. Passwords. Should you decide to give your staff access to your business and/or personal accounts, you do so entirely at your own risk, and you are fully responsible for ensuring the security of your data. You will be solely responsible for any loss, liability or violations that might occur as a result of such access.

Copyright. Copyright is the legal protection extended to authors or owners of original published and unpublished artistic and intellectual works. Should you request that your staff source content or images for use on your website or in marketing or other materials relating to your business, you do so at your own risk, and you are solely responsible for supervising his/her work, and ensuring that all appropriate permissions to use such content or images have been obtained. Should you request your staff to carry out any of these activities without the necessary permissions, you will be solely responsible for any violations of copyright law, and may be subject to legal sanctions, including fines. Nature of Services. You may not use your staff or any of the Services to engage in any illegal or immoral activity.

Indemnity. You hereby agree to release, indemnify and hold harmless both your staff and the Contractor from any loss, liability, claim or damage resulting from your decisions, directions and supervision or for any breach by you of this Agreement unless caused by the gross negligence or willful misconduct of the Contractor or their remote staff. You further waive any claim that the Contractor or any of the remote staff are acting in a professional, advisory, or consultative capacity. Consumer Rights and Cancellation. If you are purchasing the Services wholly or mainly for your personal use (and not in relation to your business), this Agreement is not intended to vary your rights under any applicable consumer protection law.

Confidentiality

Each Party hereby acknowledges that during the Term, each Party may, from time to time, be supplied or work with certain information supplied by the other Party, all of which is confidential and of value to such Party (the “Confidential Information”). Each Party hereby agrees to the following in connection with the Confidential Information.

Non-solicitation; Liquidated Damages

The Client shall not, directly or indirectly, solicit, recruit, induce, attempt to recruit or induce, or encourage any of the staff or any of the Contractor’s other staff to leave the Contractor in order to provide services directly to any other person, including the Client and the Client’s successors, assigns and affiliates. Where the Client is an individual, the term “Client” for purposes of this section 6 includes any business activities carried on by the Client (whether conducted by the Client as a sole proprietor or in corporate form). This prohibition applies during the Term and for a period of one (1) year thereafter. The Client agrees that if the Client breaches this section 6, the Contractor will incur substantial economic damages and losses in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the Contractor of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such breach, the Client agrees that liquidated damages may be assessed and recovered by the Contractor as against the Client in the event of such breach and without the Contractor being required to present any evidence of the amount or character of actual damages sustained by reason thereof; and the Client shall be liable to the Contractor for payment of liquidated damages in the amount of US$45,000.00 with respect to each of the Contractor’s staff or other staff that the Client, directly or indirectly, solicits, recruits, induces, attempts to recruit or induce, or encourages to leave the Contractor in order to provide services directly to any other person, including the Client and the Client’s successors, assigns and affiliates. Such liquidated damages represent estimated actual damages to the Contractor arising from having to replace the staff or other staff so recruited, and are not intended as a penalty. The Client shall pay the liquidated damages to the Contractor within five (5) days of notice from the Contractor of the resignation of a staff member or other staff and whether or not the Contractor has exercised its right to terminate the Term. This section 6 will survive the termination of the Term.

Warranties And Representations

Each Party hereby warrants and represents that such Party is free to enter into this Agreement, and that this Agreement does not violate the terms of any agreement between such Party and any third party.

Limitation Of Liability

1. Except as may be required by law where the Client is a consumer, in the event of a breach of this Agreement by the Contractor, the remedies of the Client will be limited to actual damages but will not exceed the greater of the amount paid by the Client for the Services during the twelve-month period immediately prior to the date in which those actual damages were incurred or US $2,000 (1,50,000 INR).

2. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL EITHER CLIENT OR CONTRACTOR (OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notices

Any and all notices, demands, or other communications required or desired to be given hereunder by either Party shall be in writing and shall be validly given or made to the other Party if personally served (by hand or by overnight courier), or if deposited in the mail, certified or registered, postage prepaid, return receipt requested and notices may also be given by e-mail or facsimile transmission, provided, however, that receipt of any such e-mail or facsimile transmission is established by a read receipt or answerback confirmation. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five (5) days after deposit thereof in the mail addressed to the Party to whom such notice, demand or other communication is to be given. If such notice is given by e-mail or facsimile transmission, notice shall be deemed given on the date such e-mail or facsimile was sent provided that receipt of such e-mail or facsimile transmission is sufficiently proven. Either Party may change its address for purposes of this paragraph by written notice given in the manner provided above.

Entire Agreement

Any titles or headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof. This Agreement constitutes the entire understanding and agreement of the Parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.

Unenforceability Of Provisions

If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.

Changes To These Terms And Conditions

This Agreement may only be modified or supplemented by the Contractor, and we reserve our right to amend or supplement this Agreement at any time, at our discretion. When we change it or supplement it, we will do our best to provide you notice and point out what is different or new. We may also post rules and guidelines applicable to specific products or services to the various areas of our website that describe them. You are responsible for reviewing this Agreement and our Website for any rules or guidelines applicable to the Services you are purchasing or applicable to specific areas of our website and any amendments or supplements to this Agreement, changes in our rates or changes to the Services (collectively, “Changes”). If at any time, you do not agree to the terms of this Agreement or any of the policies on our website, please discontinue use of the Services, and immediately close your account(s). We’ll miss you, but we'll understand.