Terms & Conditions for Online Payment
The Terms and Conditions contained herein shall apply to any person (“Client”) using the Solution of Revgrow360 & its Affiliates for making Online Payments via online payment gateway service Each Client is therefore deemed to have read and accepted these Terms and Conditions.
1. A. General Terms and Conditions For Online-Payments
2. Once a client has accepted these Terms and Conditions, he/ she may register and avail the Services. A Client may either register on Revgrow360 website or alternatively enter his/ her details and pay their dues in any other manner as may be specified by Revgrow360 from time to time.
3. Revgrow360 rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of Revgrow360 right to comply with any law enforcement agencies request or requirements relating to any Client’s use of the website or information provided to or gathered by Revgrow360 with respect to such use. Each Client accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of Revgrow360
4. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
5. These Terms and Conditions constitute the entire contract between the Client and Revgrow360. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Client and Revgrow360. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
6. The entries in the books of Revgrow360 and/or the Payment Service Providers kept in the ordinary course of business of Revgrow360 and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the Client and shall be conclusive proof of the genuineness and accuracy of the transaction.
7. In most cases, No refund will be granted once the payment is done. However, exceptions may be made based on the following circumstances: Multiple payments for same services
8. Refund For Charge Back Transaction: In the event there is any claim for/ of charge back by the Client for any reason whatsoever, such Client shall immediately approach Revgrow360 with his/ her claim details and claim refund from Revgrow360 alone. Such refund (if any) shall be effected only by Revgrow360 via payment gateway or by means of a demand draft or such other means as Revgrow360 deems appropriate. No claims for refund/ charge back shall be made by any Client to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.
9. In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider’s accounts, if any) by the acquiring bank or credit card Revgrow360 for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
10. Refund for fraudulent/duplicate transaction(s): The Client shall directly contact Revgrow360 for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by Revgrow360 alone in line with their policies and rules.
11. Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s web page, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the Client shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
12. (I)In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact Revgrow360 via e-mail or any other mode of contact as provided by Revgrow360 to confirm payment.
13. (ii)In case the Bank Account is not debited, the Client may initiate a fresh transaction to make payment.
However, the Client agrees that under no circumstances the Revgrow360 or Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).
14. Revgrow360 and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the Client on account of:
15. (I) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
16. (ii) Any interruption or errors in the operation of the Payment Gateway.
17. B. Miscellaneous Conditions:
18. Any waiver of any rights available to Revgrow360 under these Terms and Conditions shall not mean that those rights are automatically waived.
19. The Client agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that Revgrow360 or the Payment Service Provider(s) have no control over such matters.
20. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the Client, Revgrow360 does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
21. Revgrow360, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
22. The Client may be required to create his/ her own Client ID and Password in order to register and/ or use the Services provided by Revgrow360 on the Website. By accepting these Terms and Conditions the Client agrees that his/ her Client ID and Password are very important pieces of information and it shall be the Client’s own responsibility to keep them secure and confidential. In furtherance hereof, the Client agrees to;
23. 5.i. Choose a new password, whenever required for security reasons.
24. 5.i. Choose a new password, whenever required for security reasons.
25. 5.iii. Be responsible for any transactions made by Client under such Client ID and Password.
26. The Client is hereby informed that Revgrow360 will never ask the Client for the Client’s password in an unsolicited phone call or in an unsolicited email. The Client is hereby required to sign out of his/ her Revgrow360 account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the Client’s personal information and correspondence when the Client happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.
· C. Debit/Credit Card, Bank Account Details
· The Client agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the Client shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The Client further agrees and undertakes to provide correct and valid debit/credit card details.
· The Client may pay his/ her dues to Revgrow360 by using a debit/credit card or through online banking account. The Client warrants, agrees and confirms that when he/ she initiates a
· Payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
· i. The Client is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
· ii. The Client is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
· iii. The Client is authorizing debit of the nominated card/ bank account for the payment of dues selected by such Client along with the applicable Fees.
· iv. The Client is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the Client inclusive of the applicable Fee.
· v. payable or the bill(s) selected by the Client inclusive of the applicable Fee.
· D. Personal Information
· The Client agrees that, to the extent required or permitted by law, Revgrow360 and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
· These Terms and Conditions constitute the entire contract between the Client and Revgrow360. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Client and Revgrow360. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
· The Client agrees that any communication sent by the Client vide e-mail, shall imply release of information therein/ therewith to Revgrow360. The Client agrees to be contacted via e-mail on such mails initiated by him/ her.
· The Client acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.
· E. Payment Gateway Disclaimer
· The Service is provided in order to facilitate access to view and pay dues online. Revgrow360 or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the Client expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the Client.
· F. PAYMENT TERMS
· For the Software/Services herein agreed to be provided by Revgrow360., the Client shall pay valuable consideration in the amount and as per the manner agreed in the contract.
· All Fee payments shall be made in immediately on submission of monthly Invoice and shall be payable in Specified Currency as per Invoice to such account (whether through payment gateway service /NEFT/RTGS or otherwise) as Revgrow360. May direct.
· Revgrow360. shall in its discretion be entitled to recover reasonable legal, interest, penalties and other costs associated with the collection of unpaid Fees, without prejudice to its right to suspend or terminate the Services as a consequence of non-payment of Fees by the Client.
· The Charges are Exclusive of any taxes, duties, currency conversion fee or other governmental levies or charges that the Client shall continue to be liable for as and when the same is imposed.
· G. INDEMINITY.
· Revgrow360 shall be indemnified by the Client from any and all financial losses including but not limited to those occurring from any Tax liabilities, interest, or penalties
· This contract shall be governed by and construed in accordance with the laws of the Republic of India, State of West Bengal, and City of Malda.
· If any term herein shall either in whole or in part be held to be illegal or unenforceable under any rule of law, these terms should be interpreted to affect the intentions of the parties and the remaining provisions will remain in effect.
· H. CONFIDENTIAL INFORMATION:
· All Confidential Information developed or obtained by Revgrow360 shall:
· (i) be and at all times remain the sole and exclusive property of Client.
· (ii) not be used or disclosed by Revgrow360 for any reason or purpose, unless such use or disclosure (a) is required by applicable law, (b) is required for the enforcement of its rights and performance of its obligations under this Contract, (c) relates to Confidential Information that has previously been disclosed in the public domain, or (d) is, on an anonymized basis, used by the Revgrow360 to adequately perform its duty.
· I. GENERAL
· Revgrow360 will provide agreed service & support on remote basis.
· The Intellectual property rights of the application remains solely and exclusively with the Revgrow360
- All Product Model Codes developed & used will be solely and exclusively intellectual property of the Revgrow360.
· Client shall Cooperate with the Revgrow360 at all times and provide all necessary support needed by the Revgrow360 to execute the Services. The timelines committed by the Revgrow360 largely depend on this point.
· Any other expenses relating to onsite Travel, Stay & Meals and shall be borne by the Client at actuals..
· Any additional services outside the scope of work will be charged additionally.
· J. AMENDMENTS
· This Contract may not be amended or modified in any manner except by a written contract signed by each of the parties hereto.
· K. LIMITATION OF LIABILITY
· Neither Party will be liable for any failure or delay in performing an obligation under this Contract that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.
· L. NON ASSIGNMENT
· Both parties hereby adhere to and understand that neither of them can assign their obligations under this contract to any third party.
· M. FORCE MAJEURE
· Both parties hereby adhere to and understand that Revgrow360 will not be held at default if the default occurs as a result of something outside the control of either parties, i.e. Act of God which includes but is not limited to natural calamities, riots, wars, pandemics, lockdowns and such other activity.
· N. DISPUTE RESOLUTION BY ARBITRATION
· Both parties hereby adhere to and understand that should there be any dispute between them, it would be first settled amicably between the parties and if not resolved, then the parties would jointly appoint a sole arbitrator, who would preside over their dispute and give a final and binding arbitral award. The proceedings would be conducted in English, and the seat of arbitration would be Mumbai
· O. ENTIRE CONTRACT
· Both parties hereby adhere to and understand that this contract comprises all the correspondence, understandings and discussions between the parties with respective to their engagement terms and constitutes as the entire contract between them.
· P. SEVERABILITY
· Both parties hereby adhere to and understand that in any case wherein a particular clause becomes invalid or unenforceable, that part could be severed from this contract, with the rest of the contract standing.
· Q. NO PARTNERSHIP OR AGENCY
· Both parties hereby adhere to and understand that Revgrow360 is an independent service provider, and they don’t share the legal relationship of partnership or agency between each other..
· R. REMEDIES
· Both parties hereby adhere to and understand that in case of default/breach of this contract or any clause, parties agree to have a cure period of 30 days, within which, parties can cure the default.