Terms and Conditions
You agree to be bound by our current terms when using our services and we advise you to check our terms periodically to make sure you are aware of the latest conditions. Redberry Cloud Pvt. Ltd. will supply you with various forms of information via email, telephone and other media, you should be aware that any amendments to our standard terms and conditions should only be made in writing, verbal amendments will not be given.
Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Reliance On Information Posted & Disclaimer
The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by Indian law, we exclude all liability for loss or damages direct or indirect arising from using our services or this website.
Information About Us
www.redberrycloud.com is a site operated by Redberry Cloud Pvt. Ltd. we are a company registered in India. Our registered office is SHOP NO 4 RAJ TRADERS 2ND FLOOR, NR TELEPHONE EXCHANGE ATIKA, RAJKOT, Rajkot, Gujarat, India, 360002.
Our Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of goodwill
- wasted management or office time
For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Jurisdiction and Applicable Law
An Indian courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Trademarks
Redberry Cloud is an India registered trade mark of Redberry Cloud Pvt. Ltd.
Services Obligation
TJ Cloud Globe will not be liable for any losses of data resulting from any delays, non-delivery, or service interruptions caused by circumstances beyond the direct control of TJ Cloud Globe, or by errors or omissions of the Customer. TJ Cloud Globe will not be held liable for indirect, economic or consequential loss whatsoever.
Breach of any Terms and Conditions by our customers shall lead to termination of Services without warning and with no entitlement to a refund.
If we have continually contacted you after your website proof has been sent to you with no reply, TJ Cloud Globe hold the right to put your website live without warning.
If you are in breach of contract or have not paid your balance we shall terminate Services without warning and with no entitlement to a refund.
All fees paid are non-refundable and once domain names have been registered they cannot be changed in their name or extension without the costs due in the registration of a new name with the appropriate registry costs.
Leaving Redberry Cloud Pvt. Ltd
Domain transfer requests – provided that all details are correct the customer has followed the correct procedure and all outstanding invoices & balances have been settled by the customer with Redberry Cloud Pvt. Ltd.
If the event arises that the customer wishes to transfer their domain name to another Internet Service Provider, a small transfer charge $75+GST will be payable.
Redberry Cloud Pvt. Ltd reserve the right to refuse access via FTP.
All services will begin on date the customer purchased their package.
If you choose to no longer use our services at managers discretion we will simply send you the files of your website and you will be charged $75+GST to transfer any domain names you may have with Redberry Cloud Pvt. Ltd.
Re-Selling
The Customer Agrees not to re-sell, sub-lease or transfer their accounts in anyway shape or form without the proper procedures followed and without us being notified, if this is not followed their will be immediate termination of the services provided by Redberry Cloud Pvt. Ltd.
In the event of a customer having already purchased a domain name and wishing to transfer their IPS tag to another Internet Service Provider (ISP), a small transfer charge of $75+GST will become payable.
Any domain name that we have registered can be used for any legal, decent and honest usage on the Internet and must not breach any Indian laws. The name cannot be used for any immoral or pornographic use. The registrant agrees to have read and accepted the terms and conditions of the appropriate domain registry before ordering a domain name for registration by Redberry Cloud Pvt. Ltd. Redberry Cloud Pvt. Ltd shall not be liable for indirect, incidental or consequential damages, including loss of income or revenue, data, loss of business, loss of profits or contracts, loss of anticipated savings, loss of goodwill, wasted management or office time, loss of passwords, or information in any event by use of our services.
Renewals
A yearly renewal is payable 12 months after the purchase (not completion) of your product. Redberry Cloud Pvt. Ltd hold the right to vary the rate charged for domain name registrations, hosting and renewals, we will notify you via telephone or email before any service charges take place.
Fair Usage Policy
Our fair usage policy is part of our terms and conditions that you agree to when you sign up. If offered as part of your package an “Unlimited Change” function to your website or logo, please note that this is subject to a fair usage policy.
The vast majority of Redberry Cloud Pvt. Ltd clients (more than 95%), will not use this service excessively, however should you be deemed to be the over using this aspect of the campaign you may be charged “additional change fees” of $29 per hr.
In the unlikley event we can not get your website how you want it we will refer to recorded phone calls and emails to and from our business to resolve any issues.
Complaints
We do aim to provide all of our customers with the highest level of services. However if for any reason at all you are not satisfied please contact us and we will respond to your complaint.
Payments
If you have recurring monthly payments on any of our packages which are due to be billed to your credit or debit card then note that if the payment was to decline on any specific date, then Redberry Cloud Pvt. Ltd reserve the right to attempt to bill any overdue payments up to a maximum of 4 weeks after which it became overdue or the overdue amount is cleared (whichever comes 1st)
If your monthly payments are due whilst Redberry Cloud Pvt. Ltd are closed you will be billed on the last working business day before payment.
Should the account still be in arrears after 4 weeks, Redberry Cloud Pvt. Ltd will impose late payment fees in accordance with the current government legislation.
If you have an outstanding bill due with Redberry Cloud Pvt. Ltd and we are waiting on changes from you i.e. images, content, IPS-Tag change, Domain unlocking, FTP Details, CMS access or any other information, Redberry Cloud Pvt. Ltd hold the right to bill the remaining balance without warning.
Please note Redberry Cloud Pvt. Ltd may have to change sometimes the condition on late payment fees to stay in line with the Indian Government legislation.
If your payments repeatedly decline we hold the right to terminate your services without warning.
Cancellation
Information regarding Cancellation Rights and the Distance Selling Legislation is published by The Government Department for Business, Innovations and Skills (BIS).
The fact sheet was confirmed in September 2009 that businesses do not have the same right to cancel services as customers do – and in particular, Business to Business transactions made live following an order have no automatic right to cancel even if they have been sold by telephone, text message or through the internet.
Direct Selling Regulations (DSR Regulations) apply to both goods and services where the contract or agreement is made live without any face-to-face contact between the supplier and the consumer, certain goods and services are exempt from these regulations. BSI state that the DSR Regulations do not apply to Business to Business Agreements.
Mid-term cancellation is at the discretion of Redberry Cloud Pvt. Ltd.
Refunds
Refunds are at the discretion of the management of Redberry Cloud Pvt. Ltd.
Call – +91 8200 4532 55 and ask to speak to the department manager.
If you have issued a complaint and the department manager has been contacted we will fully investigate and aim to resolve your complaint within twenty-one working days.
We always welcome feedback and welcome any suggestions or comments.