Terms and Conditions 

1.INTRODUCTION:

Welcome to www.niasbusinesssolutions.com web portal of NIAS E BUSINESS SOLUTION PVT. LTD.  (“the Company”). These terms and conditions are applicable to the domain and sub-domains of www.niasbusinesssolutions.com offering Technical Support Services ( the “Website”) to You (“User”). These terms and conditions are applicable to all users across the world who log into the Website using any communication media including but not limited to personal computer, other computers, laptops, kiosks, mobile phones or other devices whatsoever presently in use or introduced in future. Your usage of the Website, in particular any Technical Support Services provided by the Company are governed by the terms and conditions contained herein (hereinafter called “ Agreement”).

2. THE USER IS ADVISED TO READ THE TERMS AND CONDITIONS THOROUGHLY BEFORE ACCEPTING THE USER AGREEMENT.

By reading and accepting the terms of use and/or browsing on the Website, you agree to be legally bound by the terms of the User Agreement. The Company may modify the terms and conditions as may be required within its sole at its discretion from time to time without prior notice to a User and the User is obliged to read the terms whenever it visits the Website, as such changes shall also constitute legally binding terms.

3. DEFINITIONS:  

  1. "Agreement" means the terms and conditions as detailed herein, including privacy policy, promotional terms when promotions are launched, supplemental terms and conditions for Technical Support Services provided on the Website, and will include the references to this Agreement as amended, negated, supplemented, varied or replaced from time to time.
  2. “Charges” means the price payable by a User on the Website using its payment Gateway towards purchase of Technical Support Service(s) or Products chosen by the User on the Website inclusive of all service charges and taxes.
  3. “Chargeback” means where the User has claimed return of Transaction Amount owing to any dissatisfaction or partial or incomplete delivery of Products or Services on the Website
  4. “Company” means website www.niasbusinesssolutions.com owned by NIAS E BUSINESS SOLUTION PVT. LTD. 
  5. “Delivery” means delivery of Technical Support Services or and Products requested by a User.
  6. “Intellectual Property Right” shall mean all the rights to any intellectual property acquired or developed in respect of the Technical Support Services or Products (whether or not registered or capable of being registered) including but not limited to design, trade marks, copyrights and patents .
  7. “ Products” means the products offered for sale as package deals or otherwise on the Website
  8. “Refund” means the return of part or whole of the Transaction Amount initiated by the company in writing to return the Transaction Amount for non fulfillment or partial fulfillment of Products or Services ordered by the User or if inadvertently the Transaction Amount has been collected twice from the User.
  9. “Technical Support Services ” or in short , “Services” shall mean the online technical assistance services to Users including troubleshoot, web designing, database management, e-commerce facilities, remote PC assistance, system analysis, detection of problems in system and rectification of defects ,technical consultation, downloading or uploading assistance, software support, technical information on various products and other similar services.
  10. “Transaction” (or”Order”)shall mean the purchase by a customer of any one or more Technical Support Services or Products offered by company and chosen by the customer on the Website .
  11. “Transaction Amount” is the total amount paid by a Customer for purchase of Services or Products to be delivered by the company on the Website.
  12. “User” means and includes any person who visits or logs in to the Website
  13. “Website” refers to the domain and sub-domains of www.niasbusinesssolutions.com offering Technical Support Services 

4. GENERAL CLAUSES:

  1. The Website does not recognize any terms and conditions set by the User that differ from the terms and conditions mentioned herein unless otherwise agreed in writing.
  2. Any special promotions publicized by the Website shall be valid if they are announced on the Website, media channels, newspaper and print media, blogs or e-mail or other media to the Users by the Company. These promotions may include limited-duration promotions and long-term promotions and its terms and conditions shall apply in addition to this Agreement. A promotion is deemed to have ended upon expiration of the time stated therein
  3. By browsing and placing an order for purchase of Products and Services on the Website, the User confirms that he/she is above 18 years in age and is otherwise eligible to use this Website.
  4. When a User visits the Website or sends e-mails to us or provides the Company with any feedback, he/she is communicating with the Company electronically. User consents to receive communications from the Company electronically or through phone. The Company will communicate with a User by e-mail or by posting notices on this Website. In case a User does not wish to receive any newsletters, marketing materials or information about promotions or other features, the User may opt out of the subscriber list by selecting the relevant option in the opt out section on the Website. On receiving an opt-out request for a feature, the opt-out request will be activated within 5 working days from receipt of the request. User agrees that all agreements, notices, disclosures and other communications that we provide to him/her electronically or vox file in case of communication through phone satisfy any legal requirement that such communications be in writing.
  5. Words of the masculine gender shall mean and include corresponding words of the neutral gender/feminine gender as the context in the agreement may require.

5. PURCHASE OF PRODUCTS AND SERVICES

  1. The Website provides detailed information on Products and Services that a User can purchase on the Website and such Products and Services are delivered to the User by the Company that is chosen by the User. Website has packages and plans for delivery of Services and Products ( including duration, description of its specification, mode of delivery and Technical specifications required from a User’s end to process an order) that a User may read on the Website or request further information before it opts to purchase the Products and Services to be delivered by the company. User agrees that pursuant to the discussion with the Tele Caller or information placed on the Website, User believes the Products and/or Services ordered by him/her on the Website are essential for maintenance and proper functioning of its computer system(s) and the ordered Services /Products offered on the Website is capable of delivering continuous and reliable services throughout the duration of the contracted service .
  2. Company does not provide any software download link, no antivirus download link or any other link to user. Does not provide ant set up program. Company provide online technical support and maintenance.
  3. User fully understands that the website www.niasbusinesssolutions.com owned by NIAS E BUSINESS SOLUTION PVT. LTD.  is an independent company based in India and it has no connection or affiliation with any other International hardware or software manufacturer and/or service provider company. The User may be contacted by the technical representative of the company to discuss the promotion schemes and best offers for Services and Products available on the Website for the defined specification of computer system possessed by a User and reach an agreement on the Charges which cannot exceed the charges specified on the Website for delivering the particular Service by the company. Once the payment for ordered Services and Products has been agreed and paid by a User no additional payment will be required to be made by a User for the purchased Products and Services.
  4. On opting to purchase Services or Products to be delivered by the Company user agrees to provide personal particulars , including full name, e-mail id, phone number, city, state, country, and accept the terms and conditions, privacy policy and disclaimers before he/she proceeds to pay for the ordered Services.
  5. Payment can be made by using credit card or debit card, cash cards, net banking through Company’s assigned payment vendors declared on the Website. In case of online payments through payment managers, financial institution or banks, applicable service charge may be levied by these institutions per transaction as per its norms of operation. The payment transactions take place on a secure server of the payment service provider protected by SSL.
  6. On successful payment, the User shall be notified through an e-mail communication of the amount of payment received for ordered Services. On credit card statement of a User, the Company’s name will be written as "NIAS E BUSINESS SOLUTION PVT. LTD. ". In the payment confirmation notification, User shall be provided with the Toll Free phone number / Email address of customer support team for the processing of the ordered Service/Product. User shall receive an email or call from the centralized technical support center of the company within 24 working hours to process the order.
  7. In case a User encounters any communication problem with respect to the ordered Services, User may contact the Company at care@niasbusinesssolutions.com  and through the phone number displayed on the website as notified in the payment confirmation notification or else the no’s that user can find in the payment and services confirmation mail. The company will respond to customer basic queries placed before/after purchase of services/products within 24 hrs (at no charge) and fix the complaints within two working days when a User reports a complaint at the designated e-mail id. In the event that the matter remains unresolved or no satisfactory services are rendered by the company even after complaint, the User is entitled to claim chargeback of the Transactions Amount which the Company shall pay to the User. In the event the User withdraws his/her complaint for chargeback when Company successfully establishes proof of satisfactory delivery of ordered Services or concerned bank decides that Services and Products delivered were of satisfactory quality then the Bank may credit back the Transaction Amount. In the unlikely event that company declares inability to process satisfactory delivery of order for a particular duration, such Transaction amount proportionate to the services yet to be rendered shall be refunded to the User. Incase of inadvertent technical mistake of debit to a User ‘s account twice for the same transaction, the wrongly debited amount shall be refunded by the Company within 48 hrs from receipt of the report from a User by writing at care@niasbusinesssolutions.com. 
    Please check our Chargeback and Refund Policy for details.
  8. The purchase of Services/Products on the Website by User amounts to a binding contract. User understands and agrees that once an order for purchase of Services/ Products is made by a User and payment processing is successful, the order cannot be withdrawn or revoked or transferred as regards recipient of services or substituted for other products or services or change brought about in its duration is possible for the Transaction Amount paid by a User.
  9. Company reserves the right to introduce new Services or Products or to replace existing Products and Services on the Website and Transaction amount for each Service/Product at any time without prior notice.

6. USER RESPONSIBILITIES

  1. The User shall not use misleading or incorrect names or contact particulars in the order form that gives misleading indication or misrepresents others as to User’s identity. In case the Company finds any User has violated the terms and conditions herein, it may in its sole discretion verify the identity of any user and/or stop the processing of any order as may be required.
  2. The User must provide a valid mobile phone number, e-mail address, residential for the purposes of placing an order for Services/Products. This information shall be utilized by the Website to authenticate the User (if necessary), for processing of the order sending payment confirmation and other notifications. A User is fully responsible and agrees to fully indemnify the Company, directors, employees and Affiliates, for any non-compliance by a User of prevailing laws of his/her jurisdiction before availing any Services offered on the Website.
  3. User warrants that he/she is not paying for any Services or Products using money which has been gained from criminal or other illegal activity or with a credit, debit or charge card that does not belong to him/her.
  4. If user has opted for a plan, he cannot cancel or opt out of it until the full period of that plan.
  5. User agrees that his/her activities on the Website will not make improper use of Company’s Products or Services or submit false reports of abuse or commit misconduct or contravene any provision of this Agreement or commit any other illegal acts. 
  6. User warrants and undertakes that he/she has neither revealed nor will reveal any confidential information pertaining to his/her credit card details, including credit card number and password, and the password of his/her e-mail address to any telecaller at any stage, before or after booking an order or availing any Services, or writing feedback or acting at any stage with reference to Products or Services mentioned on the Website or even otherwise. A User is fully responsible, accepts liability and undertakes to fully indemnify the Company, directors, employees and Affiliates, for any unauthorized transactions, damage or loss that takes place using a User’s credit card or e-mail account information if a user has been negligent and has revealed this confidential information to any person, including a telecaller, with reference to or in connection with the products or services mentioned on the Website or even otherwise.
  7. The user will be responsible to open a ticket / chat request / or mail in case of any emergency service he/she needs. The user must open a ticket or call on the toll free numbers displayed on the website to get an emergency service or to install product in case he/she purchased from the website.
  8. The user must provide remote access to his/her computer/laptop to the tele caller/technician of the company to provide him/her the requested service or to install product in case of purchase.
  9. The user will be liable to fill up and submit the feedback form after getting any routine/emergency service or installation of any product in case of purchase.
  10. Under PC maintenance and troubleshooting, user computer will be checked for services as required at that point of time. User can always call in case of any emergency.

7. RESTRICTIONS AND DISQUALIFICATIONS:

  1. The Company shall within its sole discretion, suspend,or cancel an order or continued processing of an order and forfeit the Transaction Amount paid by a User for a Transaction, where it is suspected that any User is indulging in any kind of manipulation including but not limited to use of unauthorized software of any form or reverse engineering; decompiling; posting of defamatory or obscene content about Company, its directors, partners, or any of its Affiliates, its Websites, Products or Services; posting hate speech on the Website or in any instant or non -instant messaging service or another forum’s websites in connection with use of the Website or about its Services; disabling the Website, server or software of the Company or other software on the Website; or breach of a third party’s rights or engaging in other forms of illegal activity or breach of any provision of the Agreement. Offenders shall be prosecuted as per law.

8. DISCLAIMER 

  1. In a credit/debit card transaction, User must use a credit /debit card that is issued in the name of the User. The Company or its directors and employees will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User, and the onus to 'prove otherwise' shall be exclusively on the User. In case of satisfactory delivery of services ordered via a fraudulent transaction on a credit card/debit card (caused due to user’s negligence, hacking by third party or otherwise), chargeback or refund shall not be permissible OR Incase of a fraudulent transaction on a credit card /debit card, User may report the matter on immediate basis at their user box for claiming refund or chargeback .
  2. When a User makes a payment on the Website using any of the available modes of payment, his/her payment is processed by a third- party payment gateway, and in most cases any information entered by him/her in this regard is not visible to Company. A User also understands and agrees that a payment made through any mode of payment available on the Website may also be rejected by the payment gateway for several other reasons independent from Company. In case of payments made using a payment card, Company 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 for any reason and in such cases, there will be deemed to be no successful purchase by a User and the User shall be accordingly notified instantaneously.
  3. The use of the Website is totally at the User’s sole risk. This Website, information provided through it and its Services and Products are provided on an "as is" and "as available" basis to the prospective users. The Company and its Website disclaim all implied warranties, including but not limited to implied and statutory warranties of merchantability, fitness of any product, Services, that may be offered to the Users. The Company takes reasonable measures to maintain uninterrupted service through its Website, but the Company does not give any warranties about uninterrupted service or availability of its Website services at all times.
  4. The Company may endorse in anyway any advertisers/third-party content on website or other communication.
  5. For the Products purchased by a User on the Website, only such warranties and guarantees as provided by its manufacturer flows to the User and no other warranties or guarantees are expressly or impliedly made by the Company.
  6. The Company does not warrant that the information displayed on the Website is accurate, reliable or correct and does not confirm that the Website will be available at any particular time or location, uninterrupted or secure or that any defects or errors will be corrected or that the materials are free of viruses or other harmful components. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, delayed delivery, mis-delivery, defect, delay in operation or improper transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, data loss, system failure under any cause of action, loss of business, system crash, faulty operation, malware attacks or slow transmission of the telephone line or web servers or email servers or hardware or software involved in the conduct of the Website or otherwise or loss of other equipment or property, or economic loss or damage, third- party losses, or any loss of actual or anticipated profit, interest, revenue, savings or damage of goodwill to User, User’s negligence, even if the Company is advised in advance of possibility of such loss or damages because of use of the Website or its Services.
  7. No advice or information, whether oral or written, obtained by the User from the Company or the Website shall create any warranty not expressly stated in the terms expressed therein.
  8. The User expressly understands and agrees that the Company and the Website shall not be liable for any damages of any kind arising from the use of or inability to use this Website, software, or any related Services, including, but not limited to, direct, indirect, incidental, consequential, special, exemplary, anticipated and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise,(even if provider has been advised of the possibility of such damages.)
  9. The Company shall not be responsible for any opinions, views, advice or statements posted on the Website or another website,blog or other public space (including, without limitation, in any public posting areas of the Website) by any person or entity other than an authorized Company’s spokesperson. Advertisers, content providers, Users, guests, independent writers and experts are not authorized Company’s spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, Users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
  10. User specifically acknowledges, agrees and accepts that Company , directors or agents are not liable to User for any loss incurred in transmitting information from or to the Company from or to Website by the internet or by other connecting media. The Company shall not be liable for any faulty operation or slow transmission of the telephone line or web servers or email servers or hardware or software involved in the conduct of the Website or other servers or websites to process the order.
  11. User agrees to indemnify, defend and hold Company, its partners, directors, employees and its Affiliates harmless from all claims, damages and expenses, litigation instituted by a third party against the Company arising out of User’s acts and omissions in connection with the Website or any violation of laws or breach of any terms of this Agreement or Privacy policy.
  12. THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM THE WEBSITE THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, LOSSOF TIME, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, SERVICES AVAILABLE THROUGH THE WEBSITE OR OTHER COMMUNICATION MEDIA INCLUDING INTERNET, VOIP, MOBILE AND SMS NETWORK, ADVERTISING AND PROMOTION USING ANY FORM OF MEDIA. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE’S SERVICES, FROM INABILITY TO USE WEBSITE’S SERVICES OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). IN ANY EVENT, THE LIABILITY OF THE COMPANY SHALL NOT EXCEED THE TRANSACTION AMOUNT PAID BY USER IN RESPECT OF A PARTICULAR TRANSACTION.

9. FORCE MAJEURE:

  1. The Company shall not be liable or responsible for any failure to perform or delay in performance of any of obligations under this Agreement, which is caused by events outside the Company’s reasonable control. This will include any act, event, occurrence, omission, incident, or accident that is beyond the Company’s reasonable control and includes in particular but is not limited to strikes, lockouts or other industrial outrage, civil commotion, riots, affray, invasion, terrorist attack, war, fire or explosion, storm, flood, earthquake, epidemic or other natural disaster, or impossibility of the use of public or private telecommunication networks and computer networks and similar reasons which are beyond the control of the Company .
  2. The Company’s obligations under this Agreement are suspended for the period that the Force Majeure Event continues, and it will have an extension of time to perform these obligations for the duration of that period. The Company shall take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which its obligations under this Agreement can be performed despite the Force Majeure Event. Neither party is liable for loss caused due to a force majeure event.

10. THIRD- PARTY SITES

  1. The Website may contain links to third- party websites. If a User visits any such website, he/she will be subject to terms and conditions posted on it. The Company neither controls nor is responsible for Content on such sites. The fact of a link existing on the Website to a third- party website is not an endorsement of that website by Company. A User understands that his/her activities/transactions on such third- party websites are solely between him/her and such third parties. User understands and acknowledges that Company will not be liable for any loss or damage it may incur as a result of any of his/her transactions with such third parties.

11. INTELLECTUAL PROPERTY RIGHTS:

  1. The User hereby agrees that the trademark, copyright and other forms of intellectual property are exclusive property of the Company and all rights in this connection are reserved. All other trademarks for which the exclusivity of rights is not claimed by the Company are the property of the respective owners. In case of any infringement of trademark or copyright by the User or the Company’s intellectual property rights are challenged by a User at any point of time, the Company reserves the right to terminate the User Account immediately and lodge appropriate legal actions and file actions for appropriate remedies against the errant User.
  2. The Company grants the User a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case Company gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of Account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. User may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and Affiliates without express written consent. User may not use any Meta tags or any other "hidden text" and Website or Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company as long as the link does not portray Company, its Affiliates, or their products or Services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. User may not use the Company’s or its Website’s logo or other proprietary graphic or trademark as part of the link without express written permission.sdgfsdf

12. DISPUTES & JURISDICTION:

  1. This User Agreement shall be governed by the Indian laws and all disputes are subject to jurisdiction of NCT Delhi only. In case any dispute arises, the matter shall be amicably settled between both the parties through negotiation, failing which it will be adjudicated by the courts at New Delhi.

13. TERMINATION:

  1. The Company reserves the right to terminate the User Account at its sole discretion in case the terms and conditions of this Agreement are violated by the User.
  2. In case the Company reasonably suspects any User engages in any fraudulent, objectionable, illegal activities in connection with the Website or in breach of the terms of this Agreement, then Company shall have the exclusive and immediate right to temporarily suspend or indefinitely terminate the Agreement upon immediate notice as it may deem fit or cancel any refunds. The clauses in the Agreement shall survive the termination or expiry of this Agreement. 

14. SEVERABILITY:

  1. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. 

15. NO WAIVER:

If the Company fails, at any time while these terms are in force, to insist that a User performs any of his/her obligations under these terms, or if the Company does not exercise any of its rights or remedies under these terms, that will not mean that the Company has waived such rights or remedies and will not mean that a User does not have to comply with those obligations. If the Company waives a default by a User. that will not mean that the Company will automatically waive any subsequent default by a User. No waiver by the Company of any of these terms shall be effective unless the Company expressly states that it is a waiver and the Company informs a User so in writing.