Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If the security structure or protocol is compromised, the account holder is responsible for all violations of these Terms of Service (as mentioned herein) and GST Keeper’s Acceptable Use Policy (“AUP”). The following terms constitute an agreement between you and Cyfuture India Pvt. Ltd. (GST Keeper). These Terms of Service govern your use of the compliance services provided by GST Keeper.
By using the automated compliance services, you signify that you agree to these terms of service, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Noida , India any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services "AS IS" and without warranties.
These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service have been updated. If you disagree with the changes to these Terms of Service, you have the right to discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
One Photo ID proof needed for legal verification while making/processing your order.
GST Keeper’s Responsibilities
GST Keeper agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. GST Keeper reserves the right to refuse the provision of Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of GST Keeper.
Changes to Terms of Service and AUP
GST Keeper’s Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of GST Keeper. A change in policy shall not be grounds for early contract termination or non-payment. Client must recognize that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client must now that the rates of overall compliance solutions may change from time to time, depending upon any legitimate factor. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
In case of interruption in Services due to non-payment, data stored on a client's services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of GST Keeper. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. GST Keeper is not responsible for data integrity, regardless of circumstance. GST Keeper strongly recommends keeping up to date and off network backups to protect against data loss.
No automated compliance service rendered by GST Keeper is eligible for a refund. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to GST Keeper within thirty (30) days of the date on which the charge originally occurred. If a charge which is deemed valid by GST Keeper, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an 'Administrative Fee' in addition to original amount of funds which were reclaimed.
In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. GST Keeper assumes no liability for the integrity of the data stored and/or uploaded on the software.
GST Keeper requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. Client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within five (5) days, the provision of compliance services will still be canceled.
In the event fraud is discovered, the fraudulent account and all related accounts are subject to immediate suspension or termination at the sole discretion of GST Keeper. All information available to GST Keeper about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law.
Disclaimers of Liability; Indemnification
We provide the services "as is", "with all faults" and "as available." we and our suppliers make no express or implied warranties or guarantees about the services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We and our suppliers do not guarantee that the results that may be obtained from the use of the services will be effective, reliable, accurate, and/or meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choice. No oral or written information given by a GST Keeper’s representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change. You use the services at your own risk.
Your sole and exclusive remedy for any dispute with us or our suppliers is the cancellation of your account. In no event shall our, our affiliates' and our suppliers' aggregate and cumulative liability to you for any and all claims relating to the use of the services exceed the total amount of fees, if any, that you paid during the period during which such claims arose. We, our affiliates, and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our affiliates and suppliers, shall be limited to the fullest extent permitted by law.
You agree to defend and indemnify us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
GST Keeper provides hardware support related to each direct client's service functioning. GST Keeper only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. GST Keeper is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by GST Keeper or the client. GST Keeper may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. GST Keeper does not provide any type of support to the clients of our clients (third party clients). GST Keeper will only provide support directly to the clients of GST Keeper.
Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of GST Keeper. The identity verification measures may include the faxing of two forms of government issued identification to GST Keeper, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances, additional identity verification may be required, in addition to the previously listed forms.
GST Keeper keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. GST Keeper reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name.
All communications between GST Keeper and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Service" link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes
You agree that the laws of the Noida, India govern this contract. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in Noida, India.