TERMS AND CONDITIONS
Your website may use the Terms and Conditions given below.
The terms “We” / “Us” / “Our”/”Company” individually and collectively refer to Bishal Baishya, Insanely and allied or associated projects/organisations and the terms “Visitor” ”User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and/or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions because they are binding on all users of this Website.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned or used under licence, by the business and/or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is not strictly prohibited but should follow CC 3.0 with the addition of credits to the creator.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mailbombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and/or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
The User unilaterally agrees to indemnify and hold harmless, without objection, us from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of bishal.in , bishal.xyz, bishal.one, insanely.co.in or their breach of the terms.
User agrees that neither of us shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for the cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if we have been advised of the possibility of such damages.
User further agrees that we shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that we shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall our total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to us if any, that is related to the cause of action. In all cases, the consumables consumed, 1st/2nd/3rd party services taken, and the assets purchased of any nature, shall belong to us till the completed service/product is supplied to the user. In case it is not supplied due to occasion of cancellation/refund, due to right to intellectual and internal working idea assets, those belong to us irrespective of the item requiring to be disposed of or not and the begin of the planning/work of the service or 1st part or full payment of the item made, the user irrevocably accepts the same.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall we or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
Monetary Policy & Work Flow
The payments are accepted before the start of projects if there is need to purchase services/goods of 3rd party or other associates else the payment made means the customer notifies of the receipt of the service, unless mutually agreed utherwise.
The time for delivery of the project is predefined before the start of the projects and is variable from project to project and can be delayed or done earlier subject to mutual understandings. On our best an average project takes 3 to 25 days for delivery.
Refund and Cancellation Policy
Our focus is on complete customer satisfaction. In the event, if you are displeased with the services provided, refunding back the money shall be done, provided the reasons are genuine and proved after investigation.
In case of dissatisfaction from our services, clients have the liberty to cancel their projects and proceed with denial to pay. Our Policy for the cancellation and refund will be as follows:
For Cancellations please contact via contact us link or drop an email. No cancellation shall be entertained whatsoever after the start of work/planning/purchases involved. It is believed that all work is customised and so the price which was mutually agreed and understanding is irrevocable after 1st payment is made. With mutually agreed exceptions of:
Under the scenario that complete budget money was paid before the start of the project and the user changed mind soon after and want to cancel the project, cancellation will be still accepted subject to deduction of the cost of 3rd party services that were consumed during payment or during the project initiation. But no cancellation is accepted after 2 days of payment or after confirmation to start the project via social media messaging, or any other electronic messaging means not restricted to emails.
Incase of cancellation due to significantly not as described scenario of services delivered, communications of customisation via electronic means, phone calls, acts of god (pandemic, natural calamities), shall be taken into consideration. Under no case the profit or benefit of user shall be deemed as basis of request made under this scenario. The user understands it before making the payment via any online means.
Under scenario of social media campaigns, projects involving social media activities, adverts, blog posts and giveaways, projects cannot be cancelled once payment made.
We will try our best to create suitable design concepts for our clients. In all case scenario, it is accepted that the user took the service/product after due assessment on their end on delivery completed the full payment, where the payments were in instalments or parts as agreed upon mutually with us.
In case any client is not completely satisfied with our products/services we provide a refund if it is proved that there was a confirmed clash with a checklist of service provided even before the service was provided and the points of the clash were informed beforehand, their solution was mutually agreed and yet unfollowed. In all cases, the consumables consumed, 1st/2nd/3rd party services taken, and the assets purchased of any nature, their bills shall be deducted from the refund. In case of assets or 3rd party item/product/service purchased, the refund maybe not in monetary terms. It may be made by extension of those services to the user on a case by case basis and deduction of that bill amount from the residue refund.
If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payment gateway name payments refund will be made to the same account. In rare circumstances, special arrangements may be made on mutual understanding to reduce the cost of refund.
All refunds shall be initiated within 10 working days at our backend but the time taken for the credit of refund solely depends on the mode of payment and banks involved. It may take upto 15 to 25 working days in some banks. Instant refund maybe made after deducting of transaction charges only on intimation of irrevocable request by user to do so.
Final Supreme Terms (It supersedes all terms above)
In all cases or situations of clash of interest/terms/agreements, the court of law of Indian Jurisdiction, followed by local jurisdiction (of Guwahati, Assam) shall be applicable with due respect superseding the above terms. In cases of any dispute, Jurisdiction of India shall be applicable at all terms.
Last updated: 25.02.2021 18:22 IST