The following terms and conditions govern all use of the WpFixy.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Vikashi Consulting LLP (“WpFixy.com”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Vikashi Consulting LLP’s Privacy Policy) and procedures that may be published from time to time on this Site by WpFixy.com (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WpFixy.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your WpFixy.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and WpFixy.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause WpFixy.com liability. You must immediately notify WpFixy.com of any unauthorized uses of your blog, your account or any other breaches of security. WpFixy.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors.

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by WpFixy.com or otherwise.

By submitting Content to WpFixy.com for inclusion on your Website, you grant WpFixy.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, WpFixy.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, WpFixy.com has the right (though not the obligation) to, in Vikashi Consulting LLP’s sole discretion (i) refuse or remove any content that, in Vikashi Consulting LLP’s reasonable opinion, violates any WpFixy.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Vikashi Consulting LLP’s sole discretion. WpFixy.com will have no obligation to provide a refund of any amounts previously paid.

AUTHORIZATION


You are engaging Vikashi Consulting LLP (“WpFixy.com”), as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorizes Vikashi Consulting LLP (“WpFixy.com”) access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.

Payment and Renewal.

General Terms.

By selecting a product or service, you agree to pay WpFixy.com the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

All prices appearing on this site are subject to change without notice. Once a client of Vikashi Consulting LLP (“WpFixy.com”), you authorize Vikashi Consulting LLP (“WpFixy.com”) to charge the payment method you submitted for all the invoices generated for the services rendered by Vikashi Consulting LLP (“WpFixy.com”).

 

SUBSCRIPTION & CANCELLATION OF SUBSCRIPTION

Automatic Renewal: Your subscription will automatically renew at the end of each subscription period, unless you inform us beforehand that you wish to cancel. By subscribing, you authorize us to charge the subscription fee (including taxes) for the renewal period to your saved payment method.

Cancellation Procedure: You can cancel your subscription at any time after the initial 30 days. To cancel, please provide a written notice to us at least 30 days in advance.

Non-Refundable: Please note that any subscription fees paid are non-refundable.

CANCELLATION & REFUNDS


Cancellation of any monthly recurring service can occur at anytime after your first 1 month (30 days) of service.
 No Refunds are available after your purchased package or service has been started, unless otherwise specified in any authorized by Vikashi Consulting LLP (“WpFixy.com”).

REFUSAL OF SERVICE

Vikashi Consulting LLP reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.


THIRD PARTY OR CLIENT PAGE MODIFICATION


With a WordPress based website, client will independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and Vikashi Consulting LLP. 
If anyone other than Vikashi Consulting LLP or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $50 per hour beyond the time allotted in the monthly care plan. There is a one-hour minimum.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES


Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.


Vikashi Consulting LLP does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free.


You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the webpages and website is with client.


To the extent not prohibited by law, in no event will Vikashi Consulting LLP be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, however caused, even if Vikashi Consulting LLP has been advised of the possibility of such damages.

Vikashi Consulting LLP does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Vikashi Consulting LLP disclaims any liability relating thereto.


This Work Statement Agreement is governed by the laws of Noida, Uttar Pradesh, India without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with Vikashi Consulting LLP or relating in any way to your use of the created webpages or Internet website resides in the courts of the Noida, Uttar Pradesh, India.

ACCEPTANCE


Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Vikashi Consulting LLP reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.


Please contact us with any questions regarding the Vikashi Consulting LLP terms of service by email [email protected]

Services.

Fees & Payment. By signing up for a Services account you agree to pay WpFixy.com the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. WpFixy.com reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to WpFixy.com.

 

Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by WpFixy.com to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free WpFixy.com services. All support will be provided in accordance with WpFixy.com standard services practices, procedures and policies.

Backups. No guarantees are made of any kind, either expressed or implied, as to the integrity of our backups or backup services. It is the clients’ responsibility to maintain local copies of their content and other stored information. If loss of data occurs due to a failure on Vikashi Consulting’s part, we take reasonable action to recover the data in-house at no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client, or any actions not under the direct control of Vikashi Consulting LLP, Vikashi Consulting LLP will have no liability.

Responsibility of Website Visitors. WpFixy.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, WpFixy.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WpFixy.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Access
You agree to allow us and our agents the right of access to equipment and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing and removing the services and/or equipment used to receive any of the Services. In so doing Vikashi Consulting LLP will take all reasonable care to insure the work is complete in a professional manner with minimal interruptions to Services. In all instances Vikashi consulting LLP’s liability will not exceed what is provided within this Agreement.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WpFixy.com links, and that link to WpFixy.com. WpFixy.com does not have any control over those non-WpFixy.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-WpFixy.com website or webpage, WpFixy.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WpFixy.com disclaims any responsibility for any harm resulting from your use of non-WpFixy.com websites and webpages.

Copyright Infringement and DMCA Policy.

As WpFixy.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WpFixy.com violates your copyright, you are encouraged to notify WpFixy.com in accordance with Vikashi Consulting LLP’s Digital Millennium Copyright Act (“DMCA”) Policy. WpFixy.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WpFixy.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WpFixy.com or others. In the case of such termination, WpFixy.com will have no obligation to provide a refund of any amounts previously paid to WpFixy.com.

Vikashi Consulting LLP (Wpfixy.com) does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.


Intellectual Property. 

This Agreement does not transfer from Vikashi Consulting LLP (“WpFixy.com”) to you any Vikashi Consulting LLP (“WpFixy.com”) or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Vikashi Consulting LLP (“WpFixy.com”). Vikashi Consulting LLP (“WpFixy.com”), the Vikashi Consulting LLP (“WpFixy.com”) logo, and all other trademarks, service marks, graphics and logos used in connection with Vikashi Consulting LLP (“WpFixy.com”), or the Website are trademarks or registered trademarks of Vikashi Consulting LLP (“WpFixy.com”) or Vikashi Consulting LLP’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Vikashi Consulting LLP (“WpFixy.com”) or third-party trademarks.

Advertisements. 

Vikashi Consulting LLP (“WpFixy.com”) reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

Attribution. Vikashi Consulting LLP (“WpFixy.com”) reserves the right to display attribution links such as ‘Blog at WpFixy.com,’ theme author, and font attribution in your blog footer or toolbar.

Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Changes. Vikashi Consulting LLP (“WpFixy.com”) reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Vikashi Consulting LLP (“WpFixy.com”) may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. Vikashi Consulting LLP (“WpFixy.com”) may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WpFixy.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Vikashi Consulting LLP (“WpFixy.com”) if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Vikashi Consulting LLP’s notice to you thereof; provided that, Vikashi Consulting LLP (“WpFixy.com”) can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is”. Vikashi Consulting LLP (“WpFixy.com”) and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Vikashi Consulting LLP (“WpFixy.com”) nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. In no event will Vikashi Consulting LLP (“WpFixy.com”), or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Vikashi Consulting LLP (“WpFixy.com”) under this agreement during the twelve (12) month period prior to the cause of action. Vikashi Consulting LLP (“WpFixy.com”) shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Vikashi Consulting LLP’s Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless Vikashi Consulting LLP (“WpFixy.com”), its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between Vikashi Consulting LLP (“WpFixy.com”) and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Vikashi Consulting LLP (“WpFixy.com”), or by the posting by Vikashi Consulting LLP (“WpFixy.com”) of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of UP, India, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Noida, UP, India. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules. The arbitration shall take place in Noida, UP, India, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Vikashi Consulting LLP (“WpFixy.com”) may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.