ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
Standard Terms & Conditions
By purchasing and/or by using our website / services, you state that you agree to the following terms. Breaches of any of the following standard terms and conditions will result in the immediate removal of your site(s), domain name(s) from our servers or services with us. Any such removal does not release you from your other legal obligations and liabilities to us as detailed below.
1. APPROPRIATE USE OF THE SITE & SERVICES
Use of Site
TriGem Solutions™("TGS") authorizes you to view and download the materials at this website ("Site") only for your personal, non-commercial use (other than authorised TGS channel partners in accordance with their current agreement with TGS), provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Use of Services
Client agrees that it will not distribute, electronically transmit or reproduce any materials / services supplied by TGS - or through TGS channel partners (other than stated into end user license agreement by TGS).
Use of Software
Any software that is made available to download from this Site is the copyrighted work of TGS and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
2. PAYMENT OBLIGATIONS
By the End of your Billing Cycle which is the 15th or the last day of every month, TGS shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail or regular mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to TGS by no later than the specified payment due date. TGS shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to TGS. Certain services carry a set-up fee charged by TGS to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to TGS and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate in the middle of a billing cycle of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid TGS for such Services, refunds will be issued for any unused full month portions of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for the months remaining after notice given by the 25th of the preceding month. Domain Names. If Client chooses to register a domain name(s) through TGS, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. TGS does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall TGS be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless TGS from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided via E-Mail. The essence of this E-Mail states that Client must contact the TGS to receive a cancellation number, which Client shall retain as proof of termination, and all cancellation requests must be received by the Twenty-Fifth (25th) of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 7 shall survive termination or expiration of this Agreement. If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty US dollars ($ 50/-) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. TGS will maintain an archival copy of Client's Web site for Seven (7) days after TGS receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.
Client will pay and indemnify and hold TGS harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE TGS SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE TGS SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. TGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TGS SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL TGS BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE TGS SITE OR ANY TGS PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER.
8. LINKS TO THIRD-PARTY WEBSITES
Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. TGS has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, TGS does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.
9. LINKS TO THIS SITE
You may create links to this Site from other sites, but only in accordance with the terms of the Guidelines for linking to TGS's Websites and in compliance with all applicable laws
Guidelines for linking to TGS Websites:
A site that links to TGS website: May link to but not replicate TGS content
Should not create a browser or border environment around TGS content
Should not imply that TGS is endorsing it or its products
Should not misrepresent its relationship with TGS
Should not present false information about TGS products or services
Should not use the TGS logo without permission from TGS
Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups
These terms and conditions may be updated from time to time, and any such variation will be published in this section of our website and be effective immediately.
(Rev. Jan, 2018)