Refund & Cancellation Policy
Last updated: December 30, 2022
All services are rendered ensuring its quality. We generally take upfront and subsequent payments. If at any time in the service rendering process, you are not satisfied with the quality of work, you may bring it to our attention. We will investigate the issue and take appropriate action regarding the same. In general, we will not refund payments on time spent/services rendered, since Kapil Dev IT Services’s charges are based on the hours of work spent on the project. If a customer contravenes Kapil Dev IT Services terms of service, a refund will not be issued in the event of cancellation.
Refunds are only possible in case of following conditions –
- Multiple times debiting of Customer’s Card/Bank Account due to technical error, in such cases, excess amount excluding Payment Gateway charges would be refunded.
- If due to any possible reasons we may not be able to rendered you the services.
It is to be noted that the refund will be based on the hours that you have paid for but not used and no refunds shall be initiated for hours spent on research, development, Design and administration.
Kapil Dev IT Services assumes no responsibility and shall not incur any loss/ liability if it is unable to affect any Payment Instruction(s) on the Payment Date with respect to any one or more of the following circumstances: –
- If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, and invalid and delayed.
- If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s).
- If your Bank or the NCC refuses or delays honoring the Payment Instruction(s).
- If the funds available in the Payment Account are under any encumbrance or charge.
- Circumstances beyond the control of Kapil Dev IT Services including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force, among others.
- In case the payment is not effected for any reason, you will be intimated about the failed payment by an e-mail.
The user are not entitled to a refund of any of our services in case of following circumstances:
- Decide to discontinue the use of our services.
- Find our charges to be higher compared to others and you can’t afford the services.
- Choose the wrong specifications for the service.
- If you know about the particular fault prior to purchase and would not bring in our notice, we ca not be held responsible for causing the fault/ liability.
The Refund will only be processed if we will be satisfied by the claims made by you after proper investigation. If yes, then the Refund will be processed within 7 working days through the same online mode.
Refund/ Cancellation Policies
- Customer can cancel the order within 8 hours after placing the order, if due to whatsoever reason customer fails to do so, no refund will be initiated.
- The amount shall not be refunded if the order is cancelled after the shipment of the product.
- In case of order being delivered, it shall not be cancelled in any condition.
- In case of cancelled order/failed transactions, the bank/card transaction charges of the buyer, if any, is likely to be forfeited.
- We offer no guarantees whatsoever for the accuracy or timeliness of the refunds in the buyers card/account.
Please note that Kapil Dev IT Services reserves the rights to cancel an order, at our sole discretion, due to whatsoever reason, without any claims or liability to pay finance charges or interest on the amount. Some situations that may result in your order being canceled include but are not limited to inaccuracies or errors in Solutions or pricing information, technical or technological problems or problems identified in relation to credit / debit fraud.
You represent to Kapil Dev IT Services and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished by Kapil Dev IT Services for inclusion in WebPages are not owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Kapil Dev IT Services and its subcontractors from any claim or suit arising from the use of such elements furnished by you.
Unless explicitly specified, it is assumed that:
- Kapil Dev IT Services will hold all copyright to the site it Designs unless otherwise stated in writing;
- It will remain the sole intellectual property of Kapil Dev IT Services;
- Kapil Dev IT Services will own the intellectual property rights in any service given to you;
- You shall not any right to resell these rights without prior approva;
- If you require copies of your site, you will be charged by the hour for any admin costs that will be incurred including postage and packaging;
- Kapil Dev IT Services will not be responsible for any Copyright infringement or Domain name infringement against any law in any land brought on by your website.
Kapil Dev IT Services respects privacy of its clients. Kapil Dev IT Services will edit or disclose any personal information about your accounts, including hosted content, without your prior consent, unless Kapil Dev IT Services has a good faith belief that such action is necessary to: (a) comply with legal process or other legal requirements of any relevant authority; (b) protect and defend the rights or property of Kapil Dev IT Services; (c) enforce the terms of a Task Order, this Agreement or these Terms and Conditions. You acknowledge and agree that your IP address is transmitted and recorded with each message sent from the Hosting Service.
Confidentially and Proprietary Rights
In this Agreement, “Confidential Information” shall mean any and all technical or business information, including third party information, furnished in connection with this Agreement, in whatever tangible form or medium, or disclosed by you to Kapil Dev IT Services (including, but not limited to, product/service specifications, prototypes, computer files and programs, models, drawings, marketing plans, financial data and personnel statistics). Notwithstanding the termination, expiration or cancellation of this Agreement Kapil Dev IT Services agrees to treat such Confidential Information as confidential for a period of ONE year from the date of receipt of same unless otherwise agreed to in writing by you.
You will keep the details of the Agreement and any such information which you may learn about Kapil Dev IT Services, our business technology and our clientele, strictly confidential and agreed not to disclose it to any third party. Upon termination, cancellation or expiration of this Agreement for any reason or upon request of the disclosing party, all Confidential Information, together with any copies of same as may be authorized herein, shall be returned.
You agree that if Kapil Dev IT Services suffers any loss or there is a failure from your end to meet any of these obligations, you agree to pay us directly and immediately for any proven losses that may occur.
The obligations imposed in this Article shall not apply to any information that: (a) is known to the public (through no act or omission of Kapil Dev IT Services in violation of this Agreement); (b) is lawfully acquired by Kapil Dev IT Services from an independent source having no obligation to maintain the confidentiality of such information; (c) was known to Kapil Dev IT Services prior to its disclosure under this Agreement; (d) was independently developed by the Kapil Dev IT Services; or (e) is required to be disclosed by governmental or judicial order.
The requirements of use and confidentiality set forth herein shall survive the expiration, termination or cancellation of this Agreement.
Limitation Of Liability
The entire risk as to the quality and performance of the WebPages and website is with you.
- (a) Kapil Dev IT Services shall not be liable to you for any loss or damage [including but not limited to loss of data, loss of profits/sales, website downtime, loss of business or staff or management time incurred] caused or arising directly or indirectly out of Kapil Dev IT Services’s services provided under this Agreement [except to the extent to which it is unlawful to exclude such liability under English Law].
- (b) Notwithstanding the generality of –
- (i) above Kapil Dev IT Services expressly excludes liability for any indirect, special, consequential or incidental loss or damage which may arise in respect of the services to be provided under this Agreement.
- (ii) In the event that any exclusion contained in this Agreement shall be held to be invalid for any reason and Kapil Dev IT Services becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the whole amount paid by you during the preceding Initial Period or Renewal Period, as the case may be.
- (iii) Kapil Dev IT Services does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of the Kapil Dev IT Services, its employees, agents or authorized representatives.
We will not be liable to make any payment to you including the return of deposits either in part or full for any delay or failure to meet any of our obligations under this or any other agreement made to you by either verbal, written or electronic means.
This includes [but is not limited to] any events that are beyond our control such as our computers, technology in general, telecommunication equipment including satellite and internet suppliers.
We are liable to you to cover the contract and services provided to you as long as none of the other points in this contract are broken by you.
You agree to use all Company services and facilities at your own risk and agree to defend, indemnify, save and hold Kapil Dev IT Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable Attorney’s fees asserted against Kapil Dev IT Services, its agents, its customers, officers and employees, that may arise or result from any services provided or performed or agreed to be performed or any product sold by you, your agent, employees or assigns. You agree to defend, indemnify and hold harmless Kapil Dev IT Services against liabilities arising out of: (a) any injury to person or property caused by any products sold or otherwise distributed in connection with Kapil Dev IT Services server; (b) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement; (d) any defective products sold to customers from Kapil Dev IT Services server and (e) claims arising from omission to inform or implement the updates needed for the site.
You agree that this indemnification extends to all aspects of the work completed by Kapil Dev IT Services, including but not limited to website content and choice of domain name.
Kapil Dev IT Services makes no warranties with regard to the site and its contents. The Company cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
Kapil Dev IT Services is not responsible for any content published on your website that infringes any law, copyright or compliance. Customer is solely responsible for the security, confidentiality and integrity of all the content and messages received, transmitted through or stored on the web/server hosting service.
Kapil Dev IT Services will not be responsible for any damages or losses your business may suffer. Kapil Dev IT Services makes no warranties of any kind, express or implied for services we provide. Kapil Dev IT Services does not back up your data/website and while every attempt would be made in the unlikely event of any corruption or hardware failure. Kapil Dev IT Services disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondelivered, wrong delivery, and any and all services interruptions caused by Kapil Dev IT Services and its employees. Kapil Dev IT Services reserves the right to revise its policies at any time.
If, after handover of files, errors are found in code the Company has created and the standard development platform, or the domain name set-up or hosting set-up have been changed, the Company can correct errors and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name set-up or hosting set-up.
The Company may from time to time recommend to you that updates are needed to your site, including but not limited to new legislation compliance, software compatibility and web standards. The Company reserves the right to quote for any updates as separate work. You agree that the Company is not liable for any failure to inform or implement these updates to their site.
You agree that the Company is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
You agree that the Company is not liable for any bugs, performance issues or failure of third party software as they are open-source softwares distributed under the GPL (“GNU General Public License”) and are maintained and developed by a community of thousands of users and Companies. Any bugs, performance issues or failure with the software will be directed to the respective Development community.
We will not be liable to return any art work to you or any other material that you supply to us for the purpose of providing our services to you.
To maintain the quality of our service to our clients we reserve the right to change these terms and conditions and the nature of our services, which we have agreed to provide to you by giving you at least 28 days written notice. This notice will appear on our website.
You may not transfer any of your rights or obligations under this Agreement to anyone else without our prior or written agreement.
If you wish to write to us, please send your letter to our main office by means of a recorded method. Any other method apart from email with proof of sending will be classed as unsent.
These terms and conditions together with the order schedule, work sheets and any additional attachments form the whole of our agreement. They apply in place of any terms and statement made to you by any Kapil Dev IT Services representative.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. No waiver of any rights Kapil Dev IT Services has under this Agreement shall be deemed from any failure by Kapil Dev IT Services to enforce any part of this Agreement.
The signatory to this Agreement warrants that he/she has the authority to commit the Customer to this Agreement and further confirms that this Agreement is made between two businesses. If any of the Customer’s payments are made by a credit card which is not in the name of the Customer then the Customer warrants that it has authorised payment to be made in this way and it is for the Customer to reimburse the card holder for any payment made on its behalf.
- By email: firstname.lastname@example.org
- By mail: D 191, SARC Tower, Okhla Industrial Estate, Phase 1, New Delhi, Delhi 110020 India