Terms and Conditions

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE REGISTERING OR USING OUR SERVICES.
  • Agreement: The following Terms and Conditions document is a legal agreement between Techmighty, hereafter “the Techmighty”(“I”, “we,” “us” or “our”) and “the Client”(“you” or “the customer”) For website designing or development and other services provided by the Techmighty. These Terms and Conditions set forth the provisions under which the client may use the services supplied.
  • Acceptance of Terms: No Client needs to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote or using our services, then the client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
  • Non-Acceptance of Terms: If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
  • Changes or Modifications: We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
  1. TIME FRAME
    • 1.1 Duration for completion: A timeline is dependent upon many factors that all have to dovetail into a streamlined project timeline. There is where a good design project manager is invaluable – they can make or break a timely completion. You should have provided the Designer with all the essential design elements ASAP during the designing and development phase of a project like Contact Numbers, Address, Images, Logo, Write-up Text, Correspondence Address for verification OTP(One Time Password), etc.
      • 1.1.1 Fill Out a Website Questionnaire (1 Day)
      • 1.1.2 Designer Creates Wireframes and Mockup (2-4 Days)
      • 1.1.3 Our Team Reviews the Design Proof and Offers Feedback (This Step Can Repeat, 1-2 Days)
      • 1.1.4 Designer Begins Building Your Website (5-10 Days)
      • 1.1.5 Review, Testing, and Approve the Final Build, Ready, Set, Launch! (1-4 Day)
    • 1.2 It should take 1-2 weeks for us to design and build a small-scale website of 5-10 pages.
    • 1.3 It should take four weeks or more for us to design and develop a CMS or eCommerce website.
    • 1.4 Tips: Copy Another Site; just don’t do this. As tempting as this may be, it’s not a good idea, and you may be penalized, copyright infringement or downgrade in search ranking.
    • 1.5 If you subsequently fail to provide us with the required information within the given timeframe of project commencement, we reserve the right to close the project. In that case, may Point-7 (Refunds) applicable. Techmighty will not be responsible for any economic loss, loss of profit, loss of business, loss of access to markets, loss of opportunity, depletion of goodwill, mental stress, claims whatsoever.
  2. DOMAIN
    • 2.1 Renewal: The first thing to remember is that when you purchase a domain name, you don’t ‘own’ it. It is yours on lease. You have to renew your domain name every year within a month of when your domain expires or that lease every time the lapse period comes around. It is always best to renew a domain name before it expires, so there is no interruption in service, and there is no risk of losing ownership of the domain name.
    • 2.2 Domain Expire: An expired domain name is bad for business, bad for users, no longer be able to use your email address, and could end up costing you.
    • 2.3 Expiry Domain Timeline: A website must renew within the due date. Once your domain expires, after all, related website files, emails, databases, etc. may be permanently lost, and heavy restoration fees e levied for expired or deleted Domain Names
      • Expired domains go through four different stages: Renewal Grace Period, Redemption Period, Pending Delete, and Domain Availability.
    • 2.4 Renewal Grace Period: If you do not renew your domain during the 30 days Renewal Grace Period, you may incur a late fee of ₹550 in addition to the domain regular renewal price.
    • 2.5 Renewal Redemption Period: If renewal is done within non-guaranteed 31-60 days, Renewal Grace Period, you may incur a late fee of ₹12,000 in addition to the domain regular renewal price.
    • 2.6 Domain Released: If the domain is not re-instated during this time, it is released to the public 60-75 days after the expiration date. If the domain has had any backorders placed on it, it will be caught by one of the domain backorder companies where it ordered the instant it becomes available. In that case, you may have to pay what they offer price for this domain, and it may be very costly.
    • 2.7 Available Domain: If the domain does not get purchased even after a backorder, auction, or closeout, it is then entered back into the registry, where anyone will be able to buy it just like any other available domain name.
    • 2.8 Renewal Reminder: As per the ICANN Policy, the Registrar shall send at least two reminder emails/SMS/notice to the Registrant for a domain approaching expiry. We may send you more than two reminder emails/SMS/notice for renewal before the date when a renewal is due. When the domain expiration date is getting close, we automatically create an order form and send you a reminder email/SMS/notice. Schedule of reminders:
      • The reminder day before the expiration day: Day-15, Day-7, Day-3, Day-0, and after the expiration day Day-2.
    • 2.9 Expired Domain Display Ads: The domain name after expiry will be moved to parked nameservers, and the sponsored displayed ads are served automatically by a third party. Neither the service provider nor the domain owner maintains any relationship with the advertisers.
    • 2.10 Domain Activation: When a domain is removed from the account after expiry, the DNS records and nameservers are changed as well. After the expired domain is renewed, DNS records and nameservers will be restored. Due to DNS propagation (see FAQ section-18), this might take approximately 24-48 hours to start working again fully.
    • 2.11 Register/Renew your domain for multiple years: Domain names can be registered and renewed for up to ten years.
  3. HOSTING
    • 3.1 Hosting Renewal: Hosting is an annual charge which must be pay in advance of the said service. It is the client’s responsibility to renew the hosting in time, i.e., before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups, google ranking, SEO, etc. All unpaid hosting is disabled or deleted from the server.
    • 3.2 Hosting Renewal Delay Payment: All renewals must be paid by seven working days before the expiry date. Techmighty will not be responsible for issues relating to the delayed payment.
    • 3.3 Third-Party Hosting: Hosting is on shared and non-shared servers hosted via third-party providers. Techmighty ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders, and other online and offline problems; however, we will not be held liable for any disruption of services if such a situation arises.
    • 3.4 Incase of a malware attack, Techmighty reserves the right to delete files on the hosting service without giving any prior notice.
    • 3.5 Hosting Type: We provide Shared Hosting, WordPress Hosting, Virtual Private Server & Dedicated Server. All these options serve the same purpose, which is hosting your content so that it can be accessed and viewed by people on the Internet. The major difference is how each is structured and pricing.
    • 3.6 Upgrade/Downgrade Hosting Package: You can upgrade/downgrade your package at any time. Upgrades won’t affect the availability of your website. You just have to pay a difference amount & on the selected or customized package.
    • 3.7 Techmighy reserves the right to move your data to a different server or data center with no previous notice.
    • 3.8 Techmighty will do it best to provide 99.99% uptime at all times; however, in the unfortunate event of a server failure, the client will hold the Agency free from any liability.
  4. QUOTATION
    • 4.1 Quotation Validity: Our quote is valid for only fifteen days. Techmighty reserves the right to increase or decrease the price in the future based on future changes.
    • 4.2 All prices are quotes in Indian Rupees that are exclusive of GST unless specified or exempt from VAT.
  5. PAYMENTS, BILLING & PRICING
    • 5.1 Package Pricing: Domain and Hosting services in selected package prices are valid only for the First Year after that renew every year domain and hosting simultaneously with Annual Maintenance Contract (AMC) Charge applicable.
    • 5.2 Payment Schedule: Advance Payment 60% that is non-refundable payment after agreeing on the project and required to start work. When the website ‘live’ on the web, once the client should clear, the remaining balance is payable in full. Invoices shall list any expenses and additional costs as separate items.
    • 5.3 Website Live: Techmighty is not put a website live until it had been fully paid for. At the time, “Coming Soon” or “Under Construction” temporary homepage placed on your website.
    • 5.4 Late Payment: All account fees must be paid in advance in full before the actual term. Techmighty will charge 10% or ₹700 of the total due amount, whichever is higher as a late fee. The client shall pay all collection or legal fees caused by late payments. Payments will be credited to late payments first, then to unpaid balances.
    • 5.5 Non-Payment: Accounts that are not renewed on time will be suspended/terminated immediately if its service due fees is not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the account due fee.
    • 5.6 Part payments: Parts payments are only applicable in the New Account – registration, designing, and development phase. In renewal, part payment is not applicable.
    • 5.7 Discounts/Coupons: Any discounts, offers, or coupons are one time only and are not applicable during the renewal of the account.
    • 5.8 Payment Mode: No cash payments have been sent to us. All payments must be paid directly to our Bank Accounts, Online Payment, or UPI details available on the Payment Page.
  6. TERMINATION / CANCELLATION / SUSPENSION
    • 6.1 Termination/Cancellation/Suspension by Client: Termination of services by the client must be requested in an email/phone/written notice and will be effective on receipt of such notice. The client will be an invoice for if the booked domain and hosting services, design work completed to the date of first notice of cancellation for payment in full within seven (7) days.
    • 6.2  Termination/Cancellation/Suspension by Techmighty: Techmighty may terminate, cancel, or suspend your service under the following circumstances:
      • 6.2.1 Non-payment of fees.
      • 6.2.2 You are in breach of any Term of Conditions (ToC) of this Agreement.
      • 6.2.3 Your use of the service disrupts any websites, business operations, or affects any other party. If for any reason, we believe that you have not complied with these terms of conditions, we may, at our sole discretion, cancel or suspend your access to the registration of Techmighty immediately and without prior notice.
      • 6.2.4 An account can be suspended if Techmighty has been noticed or publicly reported that you currently involve in Malware or Phishing Attacks.
      • 6.2.5 Committing or Promoting any type of illegal activity including fraud, mailbombing, storing or housing, or linking to an illegal content, including “warez,” “hacking,”/” cracking”/” key generators” and copyright materials.
      • 6.2.6 The Services to traffic in illegal drugs, arms, gambling, and obscene materials.
      • Use of ad-servers attempts to circumvent quota system owned by ‘nobody,’ certain podcasting or video sites, use of torrent software, proxies, excessive resource usage, or ‘core dumping.’
      • 6.2.7 Distribution of any webpage, photo, voice, video, contact no., link, text, etc. or site that contains any Nudity, Pornography, or other sexually explicit material by email or website.
      • 6.2.8 That hate propaganda or material that encourages or promotes illegal activity, ransomware, or violence.
      • 6.2.9 You will treat any consumer information gathered for the customer or transmitted to customers via your use of the services.
      • 6.2.10 Attempts to circumvent any of our security policies, procedures, or systems.
      • 6.2.11 If your website involves either fake, fraudulent, or scams to getting payment, disclosing sensitive data, collecting user’s details, etc. And if any victims/complainants report any complaint against the company/website, we terminate your service immediately. In such a case, we may also be filling a complaint on National Cyber Crime.
      • 6.2.12 If your website is in the development phase (with demo content) in live mode, it cannot be used by the customer to do any kind of circulate fake information, registration/recruitment, ads promotion, misleading content, or copyright images. In that case, Techmighty will not be responsible for the content or any legal proceedings. After completion of designing and development and getting NOC, you and your clients can use the website.
  7. REFUNDS
    • 7.1 Web Services: 50% cancellation fee when in progress, non-refundable once completed.
    • 7.2 Domain Registration: Unfortunately, we do not offer refunds on domain registration once it is registered or renewed.
    • 7.3 Hosting Services: If a Hosting Service has already been performed, then it is non-refundable.
    • 7.4 SEO Services: You can cancel SEO Services at any time, and we will not bill you for the coming months. However, you will not be refunded the cost of the current or past months since the service has already been performed.
    • 7.5 SSL Certificate: Unfortunately, we do not offer refunds on purchased SSL Certificates over the domain.
    • 7.6 Template: Unfortunately, we do not offer refunds on the purchase of any template for the website.
    • 7.7 Resources: Unfortunately, we do not provide refunds on Software costs, Administration costs, resource over usage, other third party expenses.
    • 7.8 Abuse/Threatening: Strictly, NO refunds will be processed if an account was involved in abuse or threatening.
    • 7.9 Volatile TOC (Terms and Conditions): Strictly, NO refunds will be processed if an account has violated the terms of service or involved in activities that have resulted in incurring charges to bring back services to normal.
    • 7.10 Refund: The money will be refunded to the original payment method you’ve used during the purchase. It may take 5 to 10 business days.
  8. CONFIDENTIAL INFORMATION
    • The client’s “Confidential Information” includes information that the Designer should reasonably believe to be confidential. The Designer’s “Confidential Information” consists of the source code of any Designer Tools. All material considered confidential by either party shall be designated as confidential. The Confidential Information shall not be disclosed to third parties and shall only use as needed to perform this agreement. The Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.
  9. WHMCS or WHM / FTP or Control Panel / ADMIN RIGHTS
    • 9.1 We do not provide WHMCS or WHM rights with any hosting plan in any circumstances.
    • 9.2 If clients request to FTP or Control Panel/Admin Rights just creating and removing email accounts or uploading and downloading big files through FTP, we shall provide FTP/Control Panel/Admin Password. But must not permission for copying/editing/modification of the company’s website or any changes from source code or the main file in any circumstances; if those found/appear, it will violate our terms and conditions and should be penalized for re-setup. Web Designers that guarantee their work not wanting their customers to re-code their website themselves, then accuse the web designer of poor coding.
  10. TRAINING AND TUTORIALS
    • 10.1 Because customer service is an integral part of our business strategy, all of our projects include a one-time complimentary training session for our clients to make use of their new web technology better.
    • 10.2 Techmighty will provide a tutorial in the format of email, videos, Word document, Powerpoint file, Blog, PDF document, Website link, Telephone assistance, etc.. to the client’s designated representative(s) regarding the management of the client’s website.
    • 10.3 This agreement allows for one hour of training. Further training requirements will be a charge on an hourly basis.
  11. BACKUP
    • 11.1 Website backup is a solution for website owners to help safeguard against accidental crash, hacking, and data loss, and allows you to restore your site from the last known safe version. It is a full or partial archive of your site files and database, typically compressed and stored in a .zip file. Depending on how often you back up your site.
    • 11.2 AMC PACKAGES BACKUP: Method- Manually FTPing your files to our local computer in .zip format and your allocation space on the server.
      • FREE PLAN: We don’t provide any backup for this plan.
      • BASIC PLAN: Every Three Months with 1 GB Data and one backup rotation (If the backup rotation limit is reached, space will delete the oldest backup and create a new backup. The backups will utilize your allocation space on the server).
      • STANDARD PLAN: Monthly with 3GB Data and three backup rotation.
      • PREMIUM PLAN: Weekly with 10GB Data and five backup rotation.
    • 11.3 Email Backup: We don’t provide any emails, contacts, calendars, etc. backup solutions in any plans. It is better to taking backup to configure your webmail into Outlook or any third-party email clients software.
    • 11.4 Expired Website Backup: A backup file including Images, Text, Theme, Template, Plugins, Database, Settings, etc.. exclude emails that have been taken before the domain or hosting expire for future use. If needed in the future, then the client has to pay a restoration fee of ₹2500. After one year, all the backups are permanently deleted from our server/hard-disk.
  12. IDENTITY PROOF
    • 12.1 Person or organization identified in the “Registrant (The legal owner of the domain name is called the “Registrant”) Organization” field of the WHOIS record. International rules require that valid identity documents provide for all domain names.
    • 12.2 To prevent online fraudulent activity and provide you with not only the best but secure service, we may ask for ID proof to verify your order.
    • 12.3 All documents must be in English, clear, and legible. Please send PNG or JPG file for each document, with a total size not to exceed 2 MB.
    • 12.4 According to the WHOIS record, an organization is listed in either the Registrant field OR the Registrant Organization field, you must also include one of the following government-issued documents: Aadhar Card, PAN Card, Voter Id Card, Driving License, Passport, or any government-issued photo ID card bearing the signatures of the individual.
    • 12.5 You can add a watermark like “For Techmighty order verification only” on a document before submitting it to us.
    • 12.6 The information collected from customers during the Ordering Process, Registration Data, Online Chatting, Visiting Website as well as Social Media, Feedback Form, Blog, Contacts Enquiry Form, Phone Calls, or Payment Data is only used for id verification, billing, administration, supporting the products and services we deliver.
    • 12.7 We are committed to ensuring that your information is secure. To prevent unauthorized access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
    • 12.8 Any information collected by Techmighty will never be passed on to third parties for marketing purposes.
  13. DESIGN POWERED BY
    • 13.1 Techmighty place a small text link at the bottom of the client website that states Powered by Techmighty, and its link goes to the Techmighty website. The link cannot be removed from the footer under any circumstances.
    • 13.2 The Client also agrees that the website developed for the client may be included in the Developer’s portfolio or Gallery.
    • 13.3 If the client does not wish it, then he has to extra pay half the price of the total project cost to hide/remove it or place their own brand name.
  14. COPYRIGHT
    • 14.1 All the information and content given by the client (such as text, design, graphics, images, logos, audio clips, video clips, digital downloads, data compilations, and software, etc..) included on this website are the property of clients.
    • 14.2 “We,” “Us,” “I,” “Our,” or “Techmighty” “https://techmighty.in,” and its affiliate does not assume or have any responsibility or any liability provided content by clients.
  15. WEBSITE OWNERSHIP
    • 15.1 What You Own:
      • Written Content & Photography – All of the text content on the website, including any multimedia such as photography, audio, and videos. Stock photography should be a license for your company.
      • HTML, CSS, and JavaScript – You Should Own This.
      • Website Design and Visual Design – The combination of visual assets that make up your websites such as your brand, colours, interfaces, typography, images, software, apps, ebooks, and any other visual components is something that you would typically own.
    • 15.2 What You Don’t Own:
      • Domain Name – This might come as a surprise, but you actually don’t own your domain name. Even though you are a registered owner, the domain registrar gives you an exclusive right to its use.
      • Web Server – Unless you purchased your server and collocate it with a hosting company, the chances are that you are either renting a server or a shared space on a server, in which case you don’t own it.
      • Web Platform, Database, Source Code, Content Management System (CMS), and Custom Source Code.
  16. REJECTED WORK
    • If you reject any of our work within the 7-days review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
  17. SEARCH ENGINES
    • 17.1 We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
    • 17.2 Search engines are known to change their algorithms, and in such doing, rankings and traffic may fluctuate.
  18. MAINTENANCE VISIT
    • 18.1 There is no requirement to visit for maintenance purposes physically; all the issues can be solved by phone calls, chatting, emails, remote access platforms like Teamviewer or Anydesk.
    • 18.2 Our maintenance area defined as only the head office and branch office location, rest of the city using point-18.1
    • 18.3 If visit required during regular business hours and within 15km radius point-18.2 applicable, excluding weekends and bank holidays.
    • 18.4 CPV Charges: Cost Per Visit is ₹1000 will be charged per day only for 2 hours; every additional per hour is ₹500 by Cash only.
  19. LIABILITY / FORCE MAJEURE
    • Client agrees that Techmighty, its directors, owners, and employees shall in no way be liable to you or anyone else for any economic loss, loss of profit, depletion of goodwill, claims, mental stress, loss of earnings due to work carried out, whatsoever on behalf of the client. Techmighty also not be responsible for any loss due to any server failure, any inaccuracy, omission or natural damages and disasters, strikes, fires, floods, water damage, explosions, including acts of God, wars, insurrection, civil commotions, riots, accidents, pandemic, embargoes or governmental restrictions.
  20. MINIMUM AGE REQUIREMENT
    • Techmighty does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age, or your parent or legal guardian has agreed to accept this agreement on your behalf.
  21. GST NON-ENROLLMENT DECLARATION
    • I Techmighty, do hereby state that we are not required to get ourselves registered under the Goods and Services Tax Act, 2017 as:
      • I have the turnover below the taxable limit as specified under the Goods and Services Tax Act, 2017.
      • I hereby also confirm that if during any financial year, we decide or require to register under the GST, in that case, we undertake to provide all the requisite information and documents.
      • I hereby also confirm that Techmighty shall not be liable for any loss accrued to me, due to any registration default with the GST.
    • We request you to treat all the communication as a declaration regarding non-requirement to be registered under the Goods and Service Tax Act, 2017.
  22. WARRANTY
    • This Website is provided “as is,” with all faults, and Techmighty makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you. It’s unrealistic to expect a lifetime website warranty.
    • 22.1 Warranty Covers – The Techmighty website warranty covers any defects, bugs, or other service issues resulting from the development process.
    • 22.2 Warranty Period – The warranty period covers your website for 3 months (90 days) from the final approval of your live website. Warranty is not extended for the same project, however, you can choose to purchase a twelve or twenty-four months website maintenance and support package.
    • 22.3 Exceptions To This Warranty – Your warranty does not cover – Changes made to the website via yourself or any other third-party, Issues caused directly by the web hosting server, domain name administrator, email service or provider, third-party plugins or modules, updating your website with the latest version, switching other website platforms, discontinued any web design platforms, third-party database integration, and third-party software.
  23. GOVERNING LAW & JURISDICTION
    • These Terms will be governed by and construed under the laws of the State of Jharkhand, and you submit to the non-exclusive jurisdiction of the state and courts located in Ranchi for the resolution of any disputes.
  24. ENTIRE AGREEMENT CHANGES AND VALIDITY
    • 24.1 This Agreement, as may be updated from time to time and posted at terms-and-conditions, represents the complete agreement and understanding between us with respect to the service and supersedes any other written or oral agreement.
    • 24.2 These terms and conditions were published on 1st April 2010 with immediate effect.
    • 24.3 If we make changes which we believe are material, we will inform you through the service. You can continue the use of the service after that constitutes acceptance of the changes.
  25. CONTACT US
    • Thank you for reading our Terms and conditions. If you have any questions about this Terms, please contact our ‘Contact Us’ form, emailing info@techmighty.in, or by writing to us at the following address:
      Techmighty House No.-430/B, Ward No.-14, City – Ranchi, Jharkhand, Pin – 834011 India.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

Published on: Thursday, 1st April 2010 10:30 AM (GMT +05:30)
Revised on: Tuesday, 30th May 2017 06.15 PM (GMT +05:30)
Revised on: Monday, 2nd January 2018 04.00 PM (GMT +05:30)
Revised on: Tuesday, 31st March 2020 01.05 PM (GMT +05:30)