Terms and Conditions of Use and Employing Cnykra, Inc.

If you’re looking for a strategic partner for your digital growth needs, please Contact Us. The use of any product, service, or feature available through this internet website or anywhere else by Cnykra, Inc. (popularly known as Cnykra) as an entity by any client or user of the website (“you” or “your”) shall be governed by the following Terms of Use in accordance with our Privacy Policy and Cancellation and Refund Policy. This website is provided by Cnykra, Inc. and may be used for informational purposes only. By using the site or subscribing to any service or downloading the materials from the site, you agree to abide by the terms and conditions outlined in this notice. If you do not agree to abide by these terms and conditions, please do not subscribe to our products/services or use the website or download any materials from the website. This site, including all materials present (excluding any applicable third-party materials), is the property of Cnykra, Inc. and is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of the Materials.

Cnykra, Inc. does not grant any express or implied rights under any patents, trademarks, copyrights, or trade secret information. If by mistake any content/images/copy right belongs to you or any known party, please write to us and we will remove it immediately. Cnykra, Inc. has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.

Limited License

Subject to the terms and conditions outlined in these Terms of Use, Cnykra, Inc. grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

Third-Party Content

The website makes information about third parties available, including articles, reports, news reports, tools to facilitate calculation, company information, and other data (the “Third Party Content”). You acknowledge and agree that the Third-Party Content is not created or endorsed by Cnykra, Inc., nor are any products or services offered through it. The provision of Third-Party Content is for general informational purposes only and does not constitute a recommendation or solicitation. In addition, the Third-Party Content is not intended to provide tax, legal, or investment advice. You acknowledge that the Third-Party Content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by the website or the providers of the Third-Party Content as to its accuracy, completeness, or timeliness. You agree not to hold the website, any business offering products or services through the website, or any provider of Third-Party Content liable for any investment decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third-Party Content for any reason.

By using any Third-Party Content, you may leave this website and be directed to an external website, or a website maintained by an entity other than Cnykra, Inc. If you decide to visit any such site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Cnykra, Inc. makes no warranty or representation regarding and does not endorse any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that Cnykra, Inc. or this Site sponsor, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Cnykra, Inc. or any of its affiliates or subsidiaries.

No warranties

This site, the information and materials on the site, and any software made available on the site are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third-party content. There is also no warranty that this site will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

Limitation of Damages

In no event shall Cnykra, Inc. or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential, or other damages (including, without limitation, any lost profits, business interruption, loss of information, or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the website or any linked website, even if Cnykra, Inc. is expressly advised of the possibility of such damages.

Disclaimer

The website may contain inaccuracies and typographical and clerical errors. Cnykra, Inc. expressly disclaims any obligation to update this site or any of the materials on this site. Cnykra, Inc. does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement, or other information displayed or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Cnykra, Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Cnykra, Inc. may make any other changes to the site, the materials, and the products, programs, services, or prices (if any) described on the site at any time without notice.

Indemnity

You agree to indemnify and hold harmless Cnykra, Inc., its subsidiaries, and affiliates from any claim, cost, expense, judgment, or other loss relating to your use of this website, including without limitation of the foregoing, any action you take which violates the terms and conditions of these Terms of Use.

Changes

Cnykra, Inc. reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes. Cnykra, Inc. may terminate, change, suspend or discontinue any aspect of the Cnykra, Inc. website or any other web presence, including the availability of any features of the site, at any time. Cnykra, Inc. may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability. Cnykra, Inc. may terminate the authorization, rights, and license given above and, upon such termination, you shall immediately destroy all materials.

International Users and Choice of Law

This Site and Services are controlled, operated, and administered by Cnykra, Inc. from its offices within India.

Cnykra, Inc. makes no representation that materials at this site are appropriate or available for use at other locations outside of India, and access to them from territories where their contents are illegal is prohibited. You may not use the website or export the Materials in violation of any applicable export laws and regulations. If you access this site from a location outside of India, you are responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of India, without giving effect to its conflict of law’s provisions. You agree that the appropriate court in India will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and you consent to personal jurisdiction in such a forum.

These Terms of Use constitute the entire agreement between Cnykra, Inc. and you concerning your use of the website or services. Any cause of action you may have concerned your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. Cnykra, Inc. may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and conditions, you should therefore periodically visit this page, by clicking the Terms of Use hyperlink at the bottom of the Cnykra, Inc. website pages, to review the then current Terms and Conditions.

By coming to this website and reading emails from Cnykra, Inc’s email id, you agree to the terms listed on this page apart from the terms discussed and agreed with you separately as per Cnykra, Inc’s choice/discretion.

Once you agree to work with Cnykra, Inc., you also agree to:

The Cheque/Money Order/Wire Transfer/PayPal Payments/Online Payments will be payable to Cnykra, Inc. We will be pleased to start the project promptly after we receive your acceptance of our proposal, the requested information, and applicable professional fees.
At no event will Cnykra, Inc. be liable to the Client or any third party for any damages, including any lost profits, lost business, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate the presentation application.
In case of collection proves necessary, the Client agrees to pay all legal or third party involvement fees incurred in that process and late payment penalty, compounded interest of 1.5% per month on the remaining amount due.
All the applicable taxes will be levied as per actual.
“Employee” shall mean current employees or persons employed before the referenced project, during the period of performance of services by Cnykra, Inc. hereunder, and for twenty-four (24) months thereafter,
1. Cnykra, Inc. agrees not to solicit or induce any Employee of Client to terminate his or her employment with the Client or to hire any Employee of Client without the prior written approval of Client, and
2. The client agrees not to solicit or induce any Employee of Cnykra, Inc. to terminate his or her employment with Cnykra, Inc. or to hire any Employee of Cnykra, Inc. without the prior written approval of Cnykra, Inc.
Neither this Agreement, any Statement of Work, nor any rights or licenses granted hereunder may be assigned, delegated, or subcontracted by any party without the written consent of the other party, except that:
1. A party may assign and transfer this Agreement and any Statement of Work and its rights and obligations hereunder and they’re under to any third party which succeeds to substantially owning all of its business and assets or assign or transfer any rights to receive payments hereunder, and
2. Cnykra, Inc. may subcontract its obligations hereunder to any wholly owned subsidiaries of Cnykra, Inc. or third-party service providers, provided that Cnykra, Inc. remains primarily liable to Client hereunder, including concerning the acts and omissions of any such parties employed or engaged by Cnykra, Inc. However, the Client may not assign or transfer this agreement to a direct competitor of Cnykra, Inc.
The client represents to Cnykra, Inc. an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks, source code, or other artwork furnished to Cnykra, Inc. for inclusion in the web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Cnykra, Inc. from any claim or suit arising from the use of such elements furnished by Client.
Cnykra, Inc. retains the copyrights or ownership to the source code/design of all files produced/developed/designed by Cnykra, Inc. during working on this project. After the final payment of the project, rights and ownership of the source code/design will be handed over to the Client.
Regardless of the place of venue, this contract was entered into in Nagpur, India, and any dispute will be litigated or arbitrated in Nagpur, India.
This agreement contained in this “Proposal constitutes the sole agreement between Cnykra, Inc. and Client and its owners.
Any additional work not specified in the proposal will be estimated separately or would require an amendment to this proposal.
All the images and text/content etc. are to be provided by the client. In case the client does not provide us with the images, the client gives us the assumed right to use the images from the internet. Cnykra, Inc. will try its best to use the Royalty free images but once the delivery is done, it is the client’s responsibility that he has checked and agreed to the work provided. In case he feels/finds that there is something that does not belong to him, he will immediately get back to Cnykra, Inc. to get it changed. Once the delivery of the work is done, Cnykra, Inc. does not accept the responsibility of any copyright infringement/trademark/performance/damages or any legal liability arising because of any reason. Ideally, it is in the best interest of the client that they provide the images and text/other content at the time of contract only and ensure that work is done as per his agreement.
If the fees payable by the Client are tax deductible at the source, the TDS certificate should be provided by the Client to Cnykra, Inc. at the time of making the due payment. The Professional fees are exclusive of any applicable taxes and other government levies. Any such taxes and/or levies will be payable by the Client in retrospective/non-retrospective effect.
In the event client terminates the project during the development of the website; in this case, the initial advance will not be refunded.
In case of any legal proceeding, the amount paid will not exceed the amount charged by the client.

Website Development Project

During the project briefing, it is the client’s responsibility to provide us with clear guidelines along with the flow or specific details you may require. When such details are not provided, we will proceed with our understanding of your requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, you must clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
Once the proposal has been finalized, any additions, changes, or enhancements in the functionality or design of the project will affect the proposal and may incur additional costs and revised delivery date. All additional work, over and above the estimates is charged separately. Under no circumstances will Cnykra, Inc. be liable for any delays caused by a change in the project brief.

• Any complexity related to specific deliverables must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture of their expectations. Any discrepancy arising due to unclear requirements or expectations will not be borne by Cnykra, Inc..

• Website content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable timeframe.

• The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly concerning the integration of third-party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.

• Cnykra, Inc. takes no responsibility for any of the third-party products, software, or components used in the website development such as payment gateway, SSL certificates, etc. We suggest you take regular back-ups to avoid any disruptions.

• Cnykra, Inc. offer packages in coordination with third-party providers. Changes to the third-party provider’s rules and policies may ultimately affect the services we provide or the terms and conditions herein.

• Domain registration charges are not included as a part of the proposal unless mentioned otherwise.

• Hosting charges are not included in the quotations unless mentioned otherwise. Cnykra, Inc. can organize an appropriate hosting solution if required, a quote form that will be submitted separately and approved by the client.

• Once the website is delivered, we will provide 1-month free service including training

• For e-commerce websites – data entry is free for 20 to 55 products only

• When clients decide to organize their hosting, we should be consulted before finalizing the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access to hosting support for testing and deploying the application. Cnykra, Inc. will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.

• Cnykra, Inc. cannot give access to their test servers and test websites to the clients or any third party.

• Copyright of the completed web designs, images, pages, code, and source files created by the Developer for the project shall be with the Client upon final payment only by prior written agreement. Without an agreement, ownership of designs and all code is with the Developer.

Dedicated Resource(s)

• The client is allocated dedicated resource(s) along with the necessary functional support staff such as a Team Leader or Project Manager if requested (based on the service commissioned).

• The developer/ designer is on a dedicated basis; he or she must have tasks at all times to avoid delays (any delays may increase the time required to complete the project).

• The client is allocated dedicated resource(s) along with the necessary functional and support staff such as a team leader and a project manager.

• The client will not attempt to engage in business with current or ex-staff on a personal basis. Contravention of this will lead to legal proceedings involving all parties. All Cnykra, Inc. employees have confidentiality clauses in their employment contracts and have signed non-disclosure agreements.

• The resource(s) would be operating out of the Indian office of Cnykra, Inc.. The Indian office operates Monday – Friday, 09:30 AM to 06:30 PM (India’s time zone is GMT + 5:30 / BST +4.30). All the public holidays are notified in advance and communicated by the development team directly; the holidays are generally compensated by working extra hours in the evenings, at weekends, or as per the agreed schedule with the client.

• A man-month would be defined as 160 Hrs of work in a month. When a developer(s) is working on a dedicated basis, they are allocated 40 hours per week, 160 hours per month, etc. This time includes design, programming, testing, and time spent awaiting feedback requested by the developer(s) to the client.

• Both the parties undertake to disclose the information including “confidential information” only to a minimum number of its employees who need to have the information disclosed to them only on a “need-to-know” basis and to ensure that the obligations on use and disclosure of the information are observed by all of the said employees.

• Any party may terminate the services/contract/agreement in writing by providing notice. The notice period for large projects is 3 months & 1 month for small to medium-sized projects. For clients with On-going Time & Materials Projects (weekly & monthly running projects with dedicated developers and designers), the notice period is a minimum of 1 week. Cnykra, Inc. has the right to “define” the “type” of a project. Third-party services might require additional time.

• During the “project” it is the client’s responsibility to provide all (but not limited to the following) the relevant information, content, pictures, previous code, etc… to make the project technically feasible and viable – in the absence of the above or any other relevant material, Cnykra, Inc. will use freeware/shareware material as deemed fit.

• Cnykra, Inc. will not be held responsible in case the client insists on using a particular “copyrighted” material – Cnykra, Inc. would assume that the client has taken care of the legal and copyright implications of using the same and once the final payment and or the website has been made “live” it is deemed that the client has given the go-ahead to use the above-mentioned material at its own risk and consequences.

• After the receipt of the final payment, the client will own the specific instances of all code we produce for you but not the algorithms, techniques, methods, or trade secrets we use to produce it and which belong to Cnykra, Inc..

• If during the work the client is unable to provide us with the necessary information, materials, or feedback promptly when requested (within 24 hours) it could become necessary to reschedule the team/resource to other projects while we are waiting. Any delay in re-allocating resources off the project during these waiting periods will be taken from the allocated project time.

• If we request materials, information, decisions, or approvals from you that we need to complete the work, and you do not provide them within thirty days of our request, we will deem the work to be completed and all payments due.

• Existing sites – Work done on an existing site is done on an unseen basis: Due to the nature of existing sites (sites already finished or partly finished by a third party), we cannot predict code integrity. We undertake this work on the understanding that we will research and develop the existing code, but we make no guarantees that the previous work is a suitable framework for us to work with.

• Live servers, all development work takes place “off-site” on a Sandbox environment provided by us. On occasion, it may be requested that development takes place on live servers (time constraints, upon client request, licensing reasons for example). This is done so at your own risk. We do not take responsibility for any impact this may have on either the live site or your ability to work. We strongly recommend the use of a Sandbox server.

• Payments for time worked are not refundable if the work is cancelled before completion.

• If the total man-hours logged by a resource are more than 15% over the hours defined above, then the Management of Cnykra, Inc. reserves the right to charge the client for the additional man-hours.

Hosting Service

• Hosting is an annual charge which must be paid in advance for the whole year.

• It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups, etc. All unpaid hosting are disabled or deleted from the server.

• All renewals must be paid by seven working days before the expiry date. Cnykra, Inc. will not be responsible for issues relating to the delayed payment.

• Hosting is on shared and non-shared servers hosted via third-party providers. Cnykra, Inc. ensures best to of our ability that our systems and servers are protected from hackers, viruses, intruders, and other online and offline problems, however, we will not be held liable for any disruption of services if such a situation arises.

• The client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.

• In case of a malware attack, Cnykra, Inc. reserves the right to delete files on the hosting service without giving any prior notice.

• Cancellation/Termination:

• Hosting Cancellation requests must be sent in writing or by email one month before the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.

• If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable to re-enable the hosting. Cnykra, Inc. will not be responsible for any loss of data, files, emails, backups, restoration costs, etc.

• If a hosting has been cancelled / disabled then all files, emails, databases, and backups will be deleted from the server without any notification to the client.

• Once all invoices are paid, it is the client’s responsibility to request the files subject to the below:

• Emails:

• All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.

• Clients must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.

• Domains

• All domain registrations and renewals are to be paid in advance.

• Expiration of a domain can result in service disruption and loss of the domain.

• Cnykra, Inc. will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.

• It is the client’s responsibility to renew their domain names with us.

• All invoices and dues must be paid in full before we release the requested domain name.

• Cnykra, Inc. has the domains in a common pool account and therefore cannot give access to its domain control panel.

Maintenance Plan

• All maintenance packages are for a minimum of 3-month period.

• Maintenance packages are billed quarterly and the fee is to be credited/paid on 1st day of the billed quarter.

• Packages are designed to serve minor website maintenance tasks only. Larger projects or updates are not included in the package.

• The package includes one support request per month of up to 20 man-hours. Unused man-hours may not be rolled over to the next month. This support time can be used once every month to update the WordPress and Plugins versions.

• Cnykra, Inc. employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.

• Any extra hours used will be billed separately @ $15/hour or equivalent plus applicable taxes.

• Support requests need to be raised via. Customer Dashboard or sent via email to [email protected]

• Any urgent tasks will be charged separately.

• The package is auto-renewed every quarter and the Invoice will be raised.

Payment terms:

• Retainer and maintenance package fees require an opt-in for automatic recurring payments via. your credit or debit card/UPI/eMandate system only. No other forms of payment will be accepted for retainer and maintenance packages.
Package fees will be charged to the client’s preferred payment option on file as per the opted payment cycle.
An administrative fee of $25 for international clients or ₹650 for INR clients plus applicable taxes will be charged to the client’s account for any late payments or declined or unsuccessful collection attempts.
More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.
There are no refunds for any fees related to the retainer or maintenance packages. For one-time payments like setup fees or any creative fee, a maximum of 40% of the payment can be refunded only if cancelled within 1 week from the date of order confirmation.

Termination:

In case the Client needs to cancel the auto annual renewal, please inform us in writing at least one month before the renewal date.
Ongoing term: For any reason, if the Client decides to terminate an ongoing maintenance or retainer package, then they will need to pay the balance amount of the remaining months.
Cnykra, Inc. reserves the right to terminate annual maintenance at any time with written notice to the Client.

Please note that Cnykra, Inc. reserves the right to change the terms and conditions without notice.

Version: 1.0.5. Dated: 26-Jul-22