Terms And Conditions

It is our humble request to please go through the Terms & Conditions carefully to avoid conflicts in the future. To keep the faith of our clients, we maintain transparency and sharing all our terms and conditions in the points mentioned below.

Web Hosting Agreement And Terms Of Service

These terms and conditions shall govern the use of the TransGemini® International Private Limited website (https://www.transgemini.com/) and the purchase of any products or services from it. Kindly make sure that you read every term carefully and agree to the same before signing up. In case you have any queries related to our Services, Price or Terms Conditions Policies please contact us freely. TransGemini® International Private Limited reserves the right to change the use of policies and terms anytime. We are serving different clients and we prioritize their security.

Change In Packages And Pricing:

TransGemini® International Private Limited reserves all the rights to change the price, services and offered packages any time. The packages, prices and services mentioned on our website are subject to change without any prior information. It’s our sole decision to increase the price of our services at any time and for all the new deals, new prices will be applicable. TransGemini® International Private Limited has the right to change the price of its services anytime, and new prices will be effective for the new deals. However, the orders placed before the announcement of the new price will be treated as per the previous slot.

We will start the work only after receiving the payment in our account. It is your responsibility or liability to provide all the information to verify the same, and if you don’t do so, your work will be delayed. If due to any reason we do not hear from customer for more than 30 days or 1 month project will be put on HOLD. If due to any reason we do not hear from customer for more than 180 days or 6 months. Project will be treated as closed.

Late/Non-Payment:

Regular Updates Of Details:

We update our clients or contact them through the details available with us. In case you failed to receive our message or notice due to changed contact address (which you have not updated with our records), we will not take any responsibility for the same. It’s client’s duty to update the information and we will not be responsible for any action taken in consequences to the client’s failure to receive or respond to the notices send by TransGemini® International Private Limited

Spam Policy

We carry Zero forbearance approach towards Unsolicited Commercial Email (UCE) or SPAM, on our network. Not any of our clients are allowed to use any of our networks for managing Unsolicited Commercial Email or Spam. Resellers of TransGemini® International Private Limited shall not host or give consent of hosting of websites or any other information publicized by UCE from other networks as well. Contravention of any of this policy may result in strict penalties, including the immediate annihilation of services. We start immediate investigation upon the notification of any such violation with our spam and UCE policy. During the investigation, we may put restrictions on the client’s access on our network. In any circumstance, if the violation gets confirmed after a thorough investigation, we reserve all the rights to cancel, abort or terminate the respective account, without any prior notice. Moreover, we reserve the right to follow the civil course of action, for the cost allied with the investigation. We may notify law enforcement officials if the violation is proved as a criminal offence. The violations of any of this policy will result in penalties. We would charge Administrative Fees against any of these violations. The first case of such violation would be charged as Rs 5000/- with the termination of Customer’s Account. The second violation or repetitive attempt will be charged as an administrative fee of Rs 7500/- with instantaneous termination of customer’s account. Spamming is strictly prohibited with us, so PLEASE, DO NOT SPAM from your account. Our resellers would be individually responsible for the activities of their clients on a network of TransGemini® International Private Limited, therefore, we suggest our resellers to develop analogous policies for their clients. TransGemini® International Private Limited doesn’t allow any sort of mass mailing from its servers. Moreover, we do not entertain any type of deals with such websites. Sending bulk emails should not be done with your account on SMTP Server. We also suggest/ recommend you to take specialized services from the third party or you may go for your own dedicated server.

Proscribed use of services and products:

The mode to use any of our services is the sole decision of a company, and all our clients and associates have to follow the same in any circumstance. Clients may only use Services and Products in a way that in the Companys Sole Judgement, is consistent with the purpose of such Services and Products. If any of our clients are unsure of whether any contemplated use or action is permitted, please contact the company as the details provided above. By way of example, and not limitation, uses described below of the services and products are expressly prohibited.

General:

Maltreatment Of System And Network:

Contraventions of system or association security are forbidden. Any of these kinds of activities may lead to criminal as well as civil liability. We shall file a criminal case for any of the activities that intended to leak or attempt to leak in network security (importantly including below-mentioned ones)

Proscribed Scripts And Programs:

There are a few fixed standard rules applicable to all the scripts. Read ahead to know more about these rules:

The duration of the script being used on processor should not exceed duration more than a few seconds, as it would be otherwise removed. This is because scripts are not allowed to use a large amount of system resources. In any case, if a script consumes a larger amount of RAM or Processor, the account would be immediately suspended, awaiting a substitute solution to the problem. Same way in case if a website found using 10% amount of system resources, it would be immediately suspended, while awaiting an alternative solution.

Referred or any other external websites are not allowed to use any scripts. TransGemini® International Private Limited’s server doesn’t allow any use of scripts i.e.:

Infringement with this policy may result in immediate suspension of the account, without any prior notification/notice. Use of resource incentive scripts like Chat Room Scripts coded in Java or Perl is not allowed on TransGemini® International Private Limited’s server. We at TransGemini® International Private Limited has debarred the following scripts because they are supposed to be either resource hogs or detrimental:

Ultimate BBS, Ikonboard, FormMail, CgiEmail, Eggdrops and IRC Bots (PSYBNC, etc.), IRC Servers/clients (IRCd, etc), IRC BNCs (PsyBNC, BNC), Network/System Security Auditing Tools,  Exploits, Daemon Processes, Game Servers, Proxy Servers, Web/CGI based telnet servers, Anonymizer, any Soap Mailers, Transmission of Unsolicited Email or SPAM, Port scanning CGIs, Security Auditing CGIs, false identity & pyramid/Ponzi scheme Scripts, Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives, Any script that uses & processes a massive number of flat files or large flat-file databases.

LOSS OF BACKUP AND DATA:

Usage of any of our offered services is at your own solitary risk. We, TransGemini® International Private Limited would not be responsible for any sort of data and/or files domiciling on your account. You are solely responsible for data/file transfer and maintenance of proper backup of data and files put up on the server. We are entitled to take weekly backups of website and other data which been updated or are new to serve the purpose of server restoration.

Mailing List Hosting:

We do not entertain any hosting for running the mailing lists and any such list found on our servers will be shut by us without any prior notice. Moreover, TransGemini® International Private Limited strictly prohibits pornography or any sex-related marketing on any of our servers. Any website that contains such information linked to any sort of adult content or elsewhere is included in this are subject to prohibition. The same holds true for the websites that encourage any sort of illicit activity or are in any way detrimental to TransGemini® International Private Limited servers or any other internet server. All the links to such sort of materials are subject to prohibition.

Things You Will Own And Things You Don’t: Source Code/Database Of Website:

Web Server: Our clients will get web hosting complimentary with our services/package, only if it is already being stated in the email or final proposal sent to you. Therefore, they don’t own it.

Content Management System (CMS): CMS is totally ours and clients don’t own it. A web application is the one used to manage the administration of content of your website. Whether it’s about CMS or any other software is owned by TransGemini® International Private Limited and you can use it as long as you run this website on our server.

Database Software: We at TransGemini® International Private Limited create our own database such as MySql, and clients do not have any right on the same. Clients only own their website data and content stored in the database if they have written it.

Source Code (other custom programming): This isn’t owned by the client. We programmed code according to the language of the Web Server Platform that contains the logic and other connectors to all the other software running on the server. Source code created by our team also communicates with outside integrated system servers and this code. The HTML/CSS/Javascript is generated by the source code for the browser to render to your screen.

HTML/CSS/JavaScript: HTML and CSS are the languages that browsers understand and therefore, they both are irreplaceable building blocks and clients own this. The JavaScript is the programming that may alter the HTML and CSS according to the one interact with the website. TransGemini® International Private Limited creates a contract for giving HTML/CSS/JavaScript ownership to you (client) after completion and a final payment of the project.

Visual Design: Visual design is the combination of layout & graphical assets like photography, typography and colours used to design and create the user-interface, images, videos and readable content of the website. The HTML/CSS/Javascript will contain all the data or information that helps to display these assets, which further, let the browser render the website on your screen. We at TransGemini® International Private Limited create an agreement to hand over the visual design ownership to clients after the completion and final payment of the project.

Text Content: The formatted, readable, search engine indexable, copy and pastable website text or overall website content rendered in the browser is totally owned by the client. The client owns their website content if they or their authors the content.

Photography: If the client took and share their own pictures, they totally own that. The entire or part of a digitized photo that we use on the website as part of the logo, user interface, slideshow, gallery, video or else, owned by the client if they captured the photographs.

Domain Name: Clients do not own this even if you are a registered domain owner. Domain name registration with a registrar confers only exclusive rights of use till the expiry of the contract and not legal ownership.

The Legal Reality of Owning A Website: Legally, clients never own the domain name, web server platform, web platform, language, database software and CMS that is being used to build the website. TransGemini® International Private Limited only grants a licence to use the Intellectual Property of the website that we create by using our customized code. Clients who programmed their website or have a work for hire agreement, they can own the website source code. Also, if the client provides his/her own photographs, design, content, interface and graphics they will own all of the website Visual Design, and content. Clients only own the Finished Assembled Work i.e. HTML/CSS/Javascript, visual design, and the content after completion and a final payment of the project.

Conclusion: If clients want to get the website’s source code, TransGemini® International Private Limited will not share its CMS technology, City-Wise Sub-Domains or Sub-Directory Web Pages or Web Hosting details of the website & database. The back-end, template or customized website (Admin Panel/CMS) + Location Wise (Sub-domain) Web Pages developed by TransGemini® International Private Limited team is our concept and based on innovation and years of research and hard work, and we hold all the rights of its technology. At any point of the time, if client discontinues their services with TransGemini® International Private Limited, we offer client control panel of the domain name (if purchased by TransGemini® International Private Limited) only after clearing all the due payments (if any). We will not share our Source Code/Backup, including Admin Panel/CMS, Database MySQL files. Clients only own the right to get HTML/CSS/JavaScript, visual design and the text content after completion and final payment received.

Web Hosting Details: Maintaining the security of website and web server from malware/viruses is our topmost priority and therefore, at any point of time, we, TransGemini® International Private Limited will not share Web Hosting Credential with clients. Web Hosting is a complimentary service provided with website service to clients and TransGemini® International Private Limited reserves all the authority to deny client from installing any open source or third-party Software/Additional Components/Plugin/Module and CMS.

Domain Details: As long as we are handling your website work, TransGemini® International Private Limited will not share your domain credentials purchased by us for client’s website. However, if client forces or put pressure to manage their control panel on their own, we TransGemini® International Private Limited team will provide the credentials of the domain to clients only after we get written email from client stated that: On your request, we are sharing the details and if any error occurred because of the changes made by you in the structure or promotion, the client will be solely responsible for the same. TransGemini® International Private Limited will not take any responsibility after sharing the credentials of the domain with the clients.

Working On Client’s Server: Any Website/Portal/Web Application designed and developed by TransGemini® International Private Limited team will not be a host on the client’s server.

Support:

We value our customers and up to provide our support primarily through EMAIL, & SUPPORT TICKETS. However, to discuss in detail of any issue or project related queries, we also provide telephonic support. For general queries write to us at:

Support: [email protected]

Sales: [email protected]

General Queries: [email protected]

Being technically advanced, we provide support for issues in the control panel to certain limitations, including basic functions like DNS functioning, addition or deletion of accounts and change of password, etc. Only limited assistance/support would be offered to the client from our end for third party software. TransGemini® International Private Limited will not entertain any Free Add on scripts or matters related to software error or bugs from the third party and have to be directly reported to the software vendors for any kind of support. Web development, third party script and software like installation, maintenance and compatibility and/or other day-to-day administration tasks like domain, email accounts and establishing new users are not TransGemini® International Private Limited concern. However, we provide assistance related to initial custom configurations and set up of the server, including domains, software adjustment, email accounts and more. If you need any other support related to SSL Certificate or else, you can contact us for the support.

Installation of 3rd Party software:

Clients will be solely responsible if they install any third-party software in the webspace. If we trace hacking or any other unusual activities due to less security in software, we’d terminate the website without giving any prior notice.

Specification And Limitations Of Responsibilities:

Any damage on your website data, including accompanying or momentous damages caused because of the unavailability of being offline of our server is not our responsibility. We will not take any responsibility for any claimed damages, including incidental and consequential damages, including incidental and consequential damages that occur because of servers going offline or being unavailable for any reason whatsoever. TransGemini® International Private Limited will not be accountable for any claim compensation, counting incidental or consequential compensation, which might be turned out from the sleaze or removal of any website from any of our servers. Immediate termination of services is the final or maximum limitation in such scenarios.

Stipulation & Disclaimer:

TransGemini® International Private Limited will not take any responsibility for loss of data, crashes and system failures/downtime. Moreover, we will not be accountable for any envisaged guesstimate of profits, clients may achieve during the functioning of their website. TransGemini® International Private Limited also resell few of its services therefore, there are so many tools, software, routing and programming that we used, are not directly possessed or written by TransGemini® International Private Limited We take no responsibility for using our client’s accounts. If you fail to follow any terms or conditions, this would lead the deactivation of your account, without any prior notice. The decision related to deleting or deactivating of any account would be solely based on terms & conditions set by TransGemini® International Private Limited and can be taken without any prior notice. In addition to this, we reserve all the rights solely to change or modify these policies, guidelines and disclaimer without any prior notification and at any time. We own the right to change/modify the Terms & Conditions at any point of time. (Already on our website)