Terms and Conditions

Introduction

These Terms and Conditions ("Terms," "Agreement") govern your use of services provided by SkinsIndia Solutions ("we," "our," "us," "Company"), including website hosting (WordPress, Shopify, WooCommerce, custom solutions), backend development, content management systems, cloud hosting infrastructure, security services, analytics, AI automation, AI-powered security, and custom AI solutions (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

Effective Date: January 10, 2025

1. Company Information

2. Definitions

• "Customer" or "You": The individual or entity using our Services
• "Services": All technology solutions provided by SkinsIndia Solutions
• "Account": Your registered account for accessing our Services
• "Content": Data, files, websites, applications, or information you upload or store
• "Edge Infrastructure": Our geographically distributed servers that process data in your region
• "SLA": Service Level Agreement defining performance guarantees

3. Acceptance of Terms

By creating an account, accessing our website, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

For Business Entities: If you are accepting these Terms on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

Age Requirement: You must be at least 18 years old to use our Services.

4. Account Registration and Security

4.1 Account Creation

To use our Services, you must:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information
• Verify your email address and phone number
• Accept responsibility for all activities under your account

4.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account
• We recommend using strong passwords and enabling multi-factor authentication (MFA)
• We are not liable for losses caused by unauthorized use of your account

4.3 Account Suspension/Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Fail to pay for Services
• Pose a security threat to our infrastructure or other users

6. Service Level Agreement (SLA)

6.1 Uptime Guarantee

• Standard Plans: 99.9% uptime guarantee
• Enterprise Plans: 99.95% uptime guarantee
• Uptime calculated monthly, excluding scheduled maintenance

6.2 Scheduled Maintenance

• Scheduled maintenance windows: Announced 72 hours in advance
• Emergency maintenance: Communicated as soon as possible
• Maintenance performed during low-traffic periods when possible

6.3 Support Services

• 24/7 Support: Email and phone support for all customers
• Response Time: Within 24 hours for standard issues, 1 hour for critical issues
• Support Channels: Email, phone, support ticket system

6.4 SLA Credits

If we fail to meet our uptime guarantee, you may be eligible for service credits:

• 99.0% - 99.89% uptime: 10% service credit
• 95.0% - 98.99% uptime: 25% service credit
• Below 95.0% uptime: 50% service credit

Credits must be claimed within 30 days of the incident. Maximum credit: 50% of monthly fee.

7. Payment Terms

7.1 Pricing

• Pricing is displayed on our website and subject to change with 30 days notice
• All prices are in Indian Rupees (INR) unless otherwise stated
• Prices exclude applicable taxes (GST, etc.) unless stated as inclusive

7.2 Billing Cycles

• Monthly, quarterly, semi-annual, or annual billing available
• Billing occurs at the start of each billing cycle
• Invoices sent via email to the registered email address

7.3 Payment Methods

• Credit/Debit cards (Visa, Mastercard, RuPay, American Express)
• UPI (Unified Payments Interface)
• Net Banking
• Bank Transfer (for enterprise customers)

7.4 Late Payments

• Payment due within 7 days of invoice date
• Late fee: 1.5% per month on overdue amounts
• Services may be suspended after 15 days of non-payment
• Account terminated after 30 days of non-payment (data deleted)

7.5 Refund Policy

• 14-Day Money-Back Guarantee: Full refund for new customers (first-time purchase only)
• Setup Fees: Non-refundable
• Domain Registrations: Non-refundable
• Pro-rata Refunds: Available for annual plans canceled mid-term (minus setup fees)

8. Acceptable Use Policy

You agree NOT to use our Services for:

8.1 Prohibited Activities

• Illegal activities or content that violates Indian or international law
• Distributing malware, viruses, or other malicious code
• Phishing, fraud, or deceptive practices
• Spamming or unsolicited bulk messaging
• Copyright infringement or intellectual property violations
• Hosting adult content, gambling, or illegal substances
• Cryptocurrency mining without prior written approval
• DDoS attacks or network abuse
• Attempting to gain unauthorized access to systems or networks

8.2 Resource Usage

• You must not exceed allocated resource limits (CPU, RAM, bandwidth, storage)
• Excessive resource usage may result in service throttling or suspension
• We may contact you to upgrade your plan if resource usage consistently exceeds limits

8.3 Enforcement

Violation of this Acceptable Use Policy may result in immediate suspension or termination of Services without refund. We reserve the right to remove content that violates this policy.

9. Intellectual Property Rights

9.1 Your Content

• You retain all ownership rights to your content
• You grant us a limited license to host, store, and display your content as necessary to provide Services
• You represent that you have the right to upload and use your content
• You are responsible for ensuring your content does not infringe third-party rights

9.2 Our Intellectual Property

• Our website, platform, software, and technology are owned by SkinsIndia Solutions
• Our trademarks, logos, and branding are protected intellectual property
• You may not copy, modify, or reverse-engineer our software or services
• You may not use our trademarks without written permission

9.3 Third-Party Software

Services may include third-party software (WordPress, Shopify plugins, etc.). Your use of third-party software is subject to their respective licenses and terms.

11. Warranties and Disclaimers

11.1 Service Warranties

• We warrant that Services will perform substantially as described
• We will use commercially reasonable efforts to maintain uptime guarantees
• We maintain industry-standard security measures

11.2 Disclaimers

Services are provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, we disclaim:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of AI outputs
• Warranties that Services will be uninterrupted or error-free
• Warranties regarding third-party software or services

11.3 AI Services Disclaimer

AI automation and ML services are provided with limitations: AI outputs may contain errors, biases, or inaccuracies. You are responsible for reviewing and validating AI-generated content before use. We are not liable for decisions made based on AI outputs.

12. Limitation of Liability

12.1 Liability Cap

To the maximum extent permitted by Indian law:

• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
• This limitation applies to all causes of action (contract, tort, negligence, etc.)

12.2 Excluded Damages

We are not liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Loss of goodwill or reputation
• Cost of substitute services
• Damages caused by your violation of these Terms
• Damages caused by third-party services or software

12.3 Consumer Protection Act Notice

Indian Law Notice: Under the Consumer Protection Act 2019, certain liability limitations may be deemed "unfair" and challenged. Any provision found unreasonable or unconscionable shall be modified to the minimum extent necessary for enforceability.

13. Indemnification

You agree to indemnify, defend, and hold harmless SkinsIndia Solutions, its officers, directors, employees, and agents from:

• Your use or misuse of Services
• Your violation of these Terms or applicable law
• Your content or activities that infringe third-party rights
• Claims arising from your negligence or willful misconduct

This indemnification obligation survives termination of these Terms.

14. Termination

14.1 Termination by You

• You may cancel your account at any time through the control panel or by contacting support
• Cancellation takes effect at the end of the current billing cycle
• No refunds for partial months (except 14-day money-back guarantee)

14.2 Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms or Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Fail to pay for Services after 30 days
• Pose a security or legal risk

14.3 Effect of Termination

• Access to Services immediately revoked
• Data retained for 90 days, then permanently deleted
• Outstanding fees remain due and payable
• You must export/download your data before termination

15. Dispute Resolution

15.1 Informal Resolution

Before filing any legal action, you agree to attempt to resolve disputes informally by contacting us at contact@skinsindiasolutions.in. We will attempt to resolve the dispute within 30 days.

15.2 Governing Law

These Terms are governed by the laws of India. The courts of Bankura, West Bengal, India shall have exclusive jurisdiction over any disputes arising from these Terms.

15.3 Arbitration (Optional)

Parties may mutually agree to resolve disputes through arbitration under the Arbitration and Conciliation Act, 1996. Arbitration proceedings shall be conducted in Bankura, West Bengal, India.

16. Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control, including:

• Natural disasters (earthquakes, floods, storms)
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Power outages or infrastructure failures
• Pandemics or public health emergencies

17. Miscellaneous Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any Service-specific terms, constitute the entire agreement between you and SkinsIndia Solutions.

17.2 Amendments

We may modify these Terms at any time. We will notify you of material changes via email or website notice at least 30 days before the effective date. Continued use of Services after changes constitutes acceptance.

17.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

17.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

17.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any successor or affiliate.

17.6 No Agency

These Terms do not create any agency, partnership, or joint venture relationship between you and SkinsIndia Solutions.

19. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

Last Updated: January 10, 2025
Effective Date: January 10, 2025