References in these Terms to "we" or "us" are referred to Sixthsense and ?you? as users of Web site.
Purpose of the Web site
This Web site is made available to consumers/visitors/brewers/internet users who are looking for a professional company in India offering Products & Services like.
Copyright and Trademarks
The content, organization, graphics, design, style, Interface, compilation, digital conversion and every other matters related to the Website are protected under copyright, trademark and other proprietary (including but not limited to intellectual property) rights. "www.sixthsense.in" and other marks are either trademarks or registered trademarks of Sixthsense Interactives.
Other products/services, company names, brand names, and content displayed on the Web site may be the trademarks or copyrights of their respective owners. The copying, redistribution, use or publication by user of any such matters or any part of the Web site except as allowed by this Agreement is strictly prohibited. You agree and acknowledge that you do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Web site by Sixthsense does not constitute a waiver of any rights in such information and materials.
Amendments to these Terms
We are serving the right to amend these Terms from time to time. When we make a change we will update this page of the Web site. We recommend that you revisit this page from time to time so as to ensure that you are aware of any changes that we have made to these Terms.
Obligations you agree that
Third Party Links
We may choose from time to time to provide links to various third-party Web sites from the Web site. This may include links to Web sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party Web sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such Web sites. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content, goods or services available through such Web sites.
To the maximum extent permitted by law, all representations, warranties, terms, conditions and commitments not expressly set out in these Terms are hereby excluded.
We do not accept responsibility for any loss or damage that you suffer as a result of using the Web site. In particular, we do not accept responsibility for (a) any loss of profits, loss of anticipated savings, loss of goodwill or loss of revenue; (b) any loss or corruption of data; or (c) any indirect or consequential loss.
If you have made the minimum financial commitment for Service Level Agreement ("SLA") coverage, then the Service Level Agreement(s) listed below are part of this Agreement for those Services you are buying
Sixthsense will charge you the fees stated in your Order. If you have made a minimum commitment in your Order, and your actual usage does not meet or exceed the minimum commitment, Sixthsense will charge you the difference between your minimum commitment and your actual usage. Unless you have made other arrangements, Sixthsense will charge you as follows: (i) for recurring fees, in advance, on or around the first day of each billing cycle, and (ii) for non-recurring fees (such as fees for initial set-up, overages, compute cycle fees, and domain name registration) on or around the date incurred, or on or around the first day of the billing cycle that follows the date incurred. Unless otherwise agreed in the Order, your billing cycle will be monthly/Yearly, beginning on the date that Sixthsense first makes the Services available to you.
Sixthsense may suspend all services (including services provided pursuant to any unrelated Order or other agreement we may have with you) if our charges are not paid for any reason. Sixthsense may charge interest on overdue amounts at 1.5% per month (or the maximum legal rate if it is less than 1.5%). If any amount is overdue by more than thirty (30) days, and Sixthsense brings a legal action to collect, or engages a collection agency, you must also pay Sixthsense's reasonable costs of collection, including attorney fees and court costs. All fees are stated and will be charged. Any "credit" that we may owe you, such as a credit for failure to meet a service level guaranty, will be applied to fees due from you for services, and will not be paid to you as a refund. Charges that are not disputed within sixty (60) days of the date charged are conclusively deemed accurate. You must provide Sixthsense with accurate factual information to help Sixthsense determine if any tax is due with respect to the provision of the Services, and if Sixthsense is required by law to collect taxes on the provision of the Services, you must pay Sixthsense the amount of the tax that is due or provide satisfactory evidence of your exemption from the tax. You authorize Sixthsense to obtain a credit report at any time during the term of the Agreement. Any credit that we may owe you, such as a credit for a SLA remedy, will be applied to unpaid fees for services or refunded to you, at our option.
If you are under a month-to-month contract, then we may increase fees at any time on forty-five (45) days advance written notice. If the initial term of your Agreement is longer than one month, then we may increase your fees effective as of the first day of the renewal term that first begins forty-five days from the day of our written notice of a fee increase. In addition, if during the initial term or any renewal term there is an increase in the Producer Price Index over the Producer Price Index reported for the month in which you signed your Order, we may increase your fees by the same percentage as the increase in the Producer Price Index; provided that we may not increase your fees pursuant to this sentence more often than once per twelve months, and we must give you at least thirty days advance written notice of the increase.
We may suspend your Services without liability if: (i) we reasonably believe that the Services are being used (or have been or will be used) in violation of the Agreement, (ii) we discover that you are, or are affiliated in any manner with, a person who has used similar services abusively in the past; (iii) you don't cooperate with our reasonable investigation of any suspected violation of the Agreement; (iv) we reasonably believe that your Services have been accessed or manipulated by a third party without your consent, (v) we reasonably believe that suspension of the Services is necessary to protect our network or our other customers, (vi) a payment for the Services is overdue, or (vii) suspension is required by law. We will give you reasonable advance notice of a suspension under this paragraph and a chance to cure the grounds on which the suspension are based, unless we determine, in our reasonable commercial judgment, that a suspension on shorter or contemporaneous notice is necessary to protect Sixthsense or its other customers from imminent and significant operational or security risk. If the suspension was based on your breach of your obligations under the Agreement, then we may continue to charge you the fees for the Services during the suspension, and may charge you a reasonable reinstatement fee (not to exceed Rs.2000) upon reinstatement of the Services.
Termination for convenience, early termination fee
You may terminate the Agreement for convenience at any time on thirty days advance written notice. If you terminate the Agreement for convenience, in addition to other amounts you may owe, you must pay an early termination fee equal to any minimum monthly financial commitment you have made for the remaining portion of the then-current term.
Termination for breach
We may terminate the Agreement for breach on written notice if: (i) we discover that the information you provided to us about yourself or your proposed use of the Services was materially inaccurate or incomplete, (ii) if you are an individual, you were not at least 18 years old or otherwise did not have the legal capacity to enter into the Agreement at the time you submitted the Order for Services, or if you are an entity or fiduciary, the individual submitting the Order for Services did not have the legal right or authority to enter into the Agreement on behalf of the person represented to be the customer, (iii) your payment of any invoiced amount is overdue, and you do not pay the overdue amount within three (3) days of our written notice, (iv) a credit report indicates you no longer meet our reasonable credit criteria, provided that if we terminate on these grounds, we must give you a reasonable opportunity to migrate your environment out of Sixthsense in an orderly fashion, (v) you use your Service in violation of the AUP and fail to remedy the violation within ten (10) days of our written notice, (vi) you violate the AUP more than once, even if you cure each violation, or (vii) you fail to comply with any other provision of the Agreement and do not remedy the failure within thirty (30) days of our notice to you describing the failure.
You may terminate the Agreement for breach on written notice if: (i) we materially fail to provide the Services as agreed and do not remedy that failure within five (5) days of your written notice describing the failure, or (ii) we materially fail to meet any other obligation stated in the Agreement and do not remedy that failure within thirty (30) days of your written notice describing the failure.