Terms of Service
The following are the terms and conditions for use of the jbkinfotech.com (owned by JBK Infotech Pvt. Ltd.) service including without limitation for use with your jbkinfotech.com account login name or e-mail address (each feature individually and collectively referred to as the “Service”). Please read them carefully. This Service is provided to individuals who are at least 18 years old being an Indian Citizen or Resident. BY sending e-mail messages or posting a message or registering with our site, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“TOS”).
The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Use of JBK Services
JBK site will be restricted only to individuals / companies seeking IT / Software Services.
Site Content
By using or accessing this website, you acknowledge that you have read, understand and agree to be bound by the following terms and conditions. The material and information on this website is protected by law, including copyright law. Except as otherwise specifically provided, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form and in any manner without JBK’s prior written permission. Permission is hereby granted for you to make a single copy of documents or material published by JBK on this website solely for informational purposes and for non-commercial use within your organization, provided that you keep intact all copyright and other proprietary notices and legends. JBK does not authorize any other use of the information or material provided.
Your Account
If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice. Registration data and other information about you are subject to our Privacy Policy.
You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. Your information may be stored and processed in India or any other country where JBK has facilities, and by subscribing to the Service, you consent to the transfer of information outside of your country.
If you provide someone else with access to your password to the Service, they will have the ability to view information about your account and make changes through the website for the Service. If you access the Service using a password; you are solely responsible for maintaining the confidentiality of that password.
Acceptable Use Policy
We do not allow the Site or Services to be used for illegal activities, nor activities that we deem improper for any reason whatsoever in our sole judgement. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Site and Services is condition in part on your compliance with the rules of conduct set forth in this Section, and any failure to comply may result in termination of your access to and use of the Site and Services. While using the Site and Services, you are not to: (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Services; (f) “frame” or “mirror” any portion of the Site or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services; (h) harvest or collect information about or from other users of the Site or Services; (i) use the Site or Services for any illegal activity; or (j) probe, scan or test the vulnerability of the Site, nor breach the security or authentication measures on the Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site. Subject to the limited rights to use the Site and Services pursuant to this Agreement, we retain all right, title and interest in and to the Site and Services, including all related intellectual property contained therein.
FEES AND PAYMENT FOR SERVICES
You agree to pay all fees specified on your accepted Order(s). You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information. Except as otherwise specified herein or on an Order, payment obligations are non-cancelable and fees paid are non-refundable. You understand and accept that, unless otherwise expressly stated on the applicable Order. Once you have made the full and final payment, project will be delivered with source code and other applicable deliverables. You acknowledge once full payment is made that project is delivered with 100% high quality and no bugs. However, one month production testing will be applicable once the project payment is made, if not reported within one month of payment / project delivery whichever is earlier, any bugs or errors reported after one month of payment / project delivery whichever is earlier it will be billable extra.
You acknowledge and agree that JBK Infotech will hold 100% rights of Copyright of the artistic work / source code of the web application or website or any projects completed, Only if you do not make 100% payment after the project is completed. Also, you acknowledge and agree that JBK Infotech will have the right to sale Copyright of the artistic work / source code of the web application or website or any projects completed, if you do not make 100% payment agreed or authorized before the project kicked off.
Taxes, Late Fees and Penalties
You will be responsible for paying any applicable taxes related to each Order. If any fees due to us are not received by the due date, then we may charge you interest on the overdue amount at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. If the amount owing under any Order is thirty (30) or more days overdue, we may, without limiting our other rights and remedies, accelerate your unpaid fee obligations for the then-current term so that all such obligations become immediately due and payable, and suspend the Services until such amounts are paid in full.
Internet Delays and Site Maintenance
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications that are outside our control. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Link to Third Party Websites
JBK may provide hyper-links or pointers to other websites maintained by third parties. The links to any such third party websites are provided for your convenience and information only.
The provision of a link to a third party website does not mean that JBK endorses, authorizes or sponsors any such website or that JBK is affiliated with such third party. The content of any linked website is not under the control of JBK and should you decide to access any such website, you do so entirely at your own risk.
Portfolio
You acknowledge and agree JBK Infotech can showcase the completed projects, using their project title information or Brand name or Company name in JBK’s Portfolio, unless otherwise agreed.
Intellectual Property
The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property available through the services is the property of JBK or the property of other third parties and is protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the content received through the Services to anyone. “JBK” and the JBK logos are trademarks of JBK Infotech Pvt. Ltd . All rights reserved.
You may see other logos of recruiters / agencies / employers. All these trademarks are owned by respective companies. We do not represent or promote them under any circumstances.
Modification to Terms of Services, Member Policies
JBK reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.
Online Payment
When making any online payment(s) through your credit card/ net banking account / paypal(s), You will be redirected to the Payment Gateway page. The Payment Gateway will redirect you to other website(s) maintained or controlled by third party(ies) (the “third party website(s)”). JBK does not control the third website(s) and is not responsible for any transactions on the third party website(s). JBK is not responsible for, shall have no liability for and disclaims all warranties whatsoever expressed or implied related to the third website, including without limitation any warranties related to performance, security, stability, or non-infringement of the title of the third party website(s) and website content or any controls downloaded from the third party website.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR THE SAKE OF CLARITY, YOU USE THE WEBSITE AND ANY INFORMATION CONTAINED THEREIN, AT YOUR OWN RISK. JBK AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“JBK PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE JBK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE JBK PARTIES’ LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR ONE (1) YEAR OF SERVICE.
Indemnification
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS JBK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUB-CONTRACTORS AGAINST ALL CLAIMS, ACTION, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING BUT NOT LIMITED TO LEGAL FEES, THAT MAY AT ANY TIME BE INCURRED BY REASON OF VIRUS OR ANY OTHER DESTRUCTIVE FEATURE RESULTING FROM YOUR ACCESS TO, USE OF OR LINKAGE WITH THIS WEBSITE AND/OR ANY CLAIM BROUGHT BY A THIRD PARTY HAVING A BASIS IN CONTRACT OR TORT, IN LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT, INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, GROSS NEGLIGENCE, PRODUCTS LIABILITY OR STRICT PRODUCTS LIABILITY.
Force Majeure
Where the JBK is unable to carry out any obligation under the contract due to any circumstance, matter or thing beyond its reasonable control (“force majeure”), the JBK shall be excused from such obligations to the extent of such prevention, restriction or interference so caused.
Termination
JBK may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
JBK may also terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by JBK. The amount of time that JBK currently views as an “extended” period of time as determined by JBK from your last log-on. Upon termination of the Service, your right to use the Service immediately ceases.
If you wish to terminate your account, your only recourse is to discontinue the use of the Service.
JBK shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
Jurisdiction
The Agreement shall be governed by the Laws of India. The Courts of law at Bangalore shall have exclusive jurisdiction over any disputes arising under this agreement.
This Website may be accessed throughout India and overseas. JBK makes no representations or warranties that the content of this web site complies with the laws (including intellectual property laws) of any country outside India. If you access this web site from outside India, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
Entire Agreement
This Agreement, including all exhibits and addenda hereto and the accepted Order(s), constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum executed by both parties or any accepted Orders, the terms of such exhibit, addendum or accepted Orders shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in your purchase order or other order documentation (excluding accepted Orders) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
Changes to TOS
If there are any changes to our Terms of service on this website, we will keep you updated on the same with an effective date.