FIBOTALK Subscription Terms of Service (Agreement) is entered into by and between the FIBOTALK legal entity Cubestack Solutions pvt ltd (FIBOTALK) and Individual or Legal entity intending to buy the services or use the services (Customer, You).
If you are an Individual using or accessing services on behalf of your company a separate legal entity then you represent that you are authorised person to accept this agreement on behalf of your company.
By registering on FIBOTALK or using services you agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to be bound by this terms of agreement or you do not have authority to bind customer then you may not use the services.
The effective date of this agreement is the date of registration on FIBOTALK.
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” are not eligible to use the service. If you are below 18 years of age, you are prohibited to use/purchase/contract from/with this website. Such persons are also prohibited from purchasing any material which is for adult consumption, the sale or purchase of which to/by minors are strictly prohibited
The Service is not available to persons whose membership has been suspended or terminated by Fibotalk. for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.Modification of Services:
FIBOTALK may modify this Agreement. FIBOTALK will take reasonable efforts to notify Customer of the changes through communications via Customer's account, email or other channels. Customer may be required to accept or otherwise agree to the new Agreement before renewing a Subscription Term or placing the order. If Customer do not accept changes in the agreement, Customer may terminate the Subscription and fees for remaining period may be refunded .By using the services of FIBOTALK or by registration on FIBOTALK you agree to be bound by theses Terms and Conditions. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICES OR YOU DO NOT HAVE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF CUSTOMER THEN DO NOT USE THE SERVICES.
“We’, ‘Us’, “FIBOTLAK” means Cubestack Solutions Pvt Ltd, its employees, representatives and contractors.
“Website” means fibotaalk.com, where you have to sign up for using our services
“Solution/Services” means fibotalk.com chat services which will be made available by US for a customer to use this as a service over the internet as per the agreement.
“Dashboard” FIBOTALKs user interface for accessing the service and managing the activities via web
"Account", “Agent Account”, “User Account” means an account enabling a person to access and use the Hosted Services, including both administrator accounts and user accounts;
"Agreement" means this agreement including any Schedules, and any amendments to this Agreement from time to time;
"Business Day" means any weekday other than a bank or public holiday in India;
"Business Hours" means the hours of 09:00 to 17:00 IST on a Business Day;
“Chat Widget” means FIBOTALK widget which is to be integrated on the customers website
“Chat Widget” means FIBOTALK widget which is to be integrated on the customers website "Customer Data" means all data, works and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to the Provider for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Hosted Services by the Customer. Including data provided by or about people generated through chats and logs while using the services
"Customer Personal Data" means any Personal Data that is processed by the Provider on behalf of the Customer in relation to this Agreement, but excluding data with respect to which the Provider is a data controller;
“Third Party Software”includes any third-party software that may be included with the Services
A Force Majeure Event
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (60) DAYS FROM THE DATE YOU REGISTERED FOR THE SERVICES.
Unless otherwise stated, FIBOTALK charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively "Taxes"). You are responsible for paying Taxes except those assessable against FIBOTALK based on its income. FIBOTALK will invoice You for such Taxes if FIBOTALK believes there is a legal obligation to do so and You agree to pay such Taxes if so invoiced.
Independent Contractors. The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party's behalf without the other party's prior written consent
In this Agreement, a reference to a statute or statutory provision includes a reference to:
The Clause headings do not affect the interpretation of this Agreement.References in this Agreement to "calendar months" are to [the 12 named periods (January, February and so on) into which a year is divided.
In this Agreement, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.