Genral
This is an agreement between you or the entity you represent (hereinafter “You” or “Your”) and Howl India (Open Insights IT Solutions Pvt. Ltd.). We refer to all of these products as “Services” in this policy. These Terms of Use affect your legal rights and obligations (hereinafter, you and Howl India (Open Insights IT Solutions Pvt. Ltd.) may sometimes be collectively referred to as the “Parties” and each individually as a “Party”).
If you do not agree to be bound by all of these Terms of Use, do not access or use the service and products we provide. By accessing our Services, you agree with these terms and with Privacy Policy. Please read these terms carefully, and contact us if you have any questions.
Our Services
We provide an array of services for website and application design & development, SEO & Analytics, performance marketing, brand conceptualization, content marketing, social media marketing, advertising, public relations, guerilla marketing (hereinafter “Service” or “Services”).
You may use the Services for your personal and business use or for internal business purposes in the organisation that you represent. You may connect to the Services using any mobile application supported by the Services.
You are also responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Services with or without notice to you. You agree that Howl India (Open Insights IT Solutions Pvt. Ltd.) will not be liable to you or any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Services for any reason.
Support queries
If you would like to send a support query to us, please contact us at care@howlindia.com. The Service may include certain communications from us, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our privacy policy, we provide you the option of opting out from receiving certain email communication from us. However, you will not be able to opt-out from receiving administrative messages including the request to validate your email address.
Complaints and Feedback
We welcome feedback of any sort and are always interested in learning about ways we can make our Services better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
By accepting your submission, we do not waive any rights to use similar or related Feedback previously known to Howl India (Open Insights IT Solutions Pvt. Ltd.), or developed by its employees, or obtained from sources other than you. By submitting a complaint regarding your account, you authorise Howl India’s team to check content on your account as required to address the issue.
If we receive a complaint from any person against you concerning your activities as part of the use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Howl India (Open Insights IT Solutions Pvt. Ltd.) in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your implicit consent to disclosure of your name and contact information by Designer to the complainant.
Restriction on Use
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your content.
You are solely responsible for your interactions with other users of the Service, whether online or offline.
You agree that Howl India (Open Insights IT Solutions Pvt. Ltd.) is not responsible or liable for the conduct of any user.
Howl India (Open Insights IT Solutions Pvt. Ltd.) reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgement when interacting with others, including when you submit or post content or any personal or other information.
Information Control
You can exercise choices regarding your information by logging into the Services and using settings available within the services or your account as described below. For all other requests, you may contact us as provided in the Contact Us section below to request assistance.
Content Information: You can also modify information on the content created using the platform at any time. However if your account is linked to an organisation, the content created on behalf of that organisation, the changes you make may be visible to the organisation users as specified by the company administrators as per “Notice to End Users”
Unlink your account to third-party apps: Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed. You must not change, modify, adapt or alter the Service or change, modify or alter another website to falsely imply that it is associated with the Service.
You must not interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Howl India (Open Insights IT Solutions Pvt. Ltd.) page is rendered or displayed in a user’s browser or device.
General Conditions
Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Although it is Howl India’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Fees & Payments
The Services are available under plans of various durations. We have six months contracts with the payment being made in two months advance. If it is a one-time service the payment to Howl India (Open Insights IT Solutions Pvt. Ltd.) has to be made in 40% advance and 60% after the service has been completed.
Refunds
We don’t offer refunds.
Responsibility over Your content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication by other users.
Any content that you make public will be publicly accessible through the Internet and may be crawled and indexed by the search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available.
For procedures relating to complaints of illegality or infringement of third-party rights in content transmitted or published using the Services, use our contact form.
Termination
Upon termination, all licences and other rights granted to you in these Terms of Use will immediately cease. You can delete your account with Howl India (Open Insights IT Solutions Pvt. Ltd.) at any time. If you choose to delete your account or your account is terminated due to your breach of these terms, your visual assets and all other data will no longer be accessible through your account but those materials and data may persist and appear within the Service (e.g., if your Content has been shared by others).”
Other Important Information
Licence to use our Services:
Subject to the provisions in the Terms, Howl India (Open Insights IT Solutions Pvt. Ltd.) grants you a non-exclusive, non-transferable, non-sublicensable, limited licence to use our Services.
Disclaimers
While Howl India (Open Insights IT Solutions Pvt.Ltd.) attempts to make user-generated content available through the Service, it does not guarantee access to or hosting of, your user-generated content. For example, if user-generated content violates these Terms of Service, access to it may be disabled.
Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily disabled. You agree that Howl India (Open Insights IT Solutions Pvt.Ltd.) will not be liable to you or to any third party for termination of your access to the Service for any reason.
While Howl India (Open Insights IT Solutions Pvt. Ltd.) attempts to make the User Content completely safe, you, and not Howl India (Open Insights IT Solutions Pvt. Ltd.), are solely responsible for the Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You agree that Howl India (Open Insights IT Solutions Pvt. Ltd.) will not be liable to you or to any third party for any user who irregularly accesses your content. The Services and all included content are provided on an “as is” basis without warranty of any kind, whether expressed or implied
All user-generated content available through the Service is owned by their respective owners and Howl India (Open Insights IT Solutions Pvt. Ltd.) is not responsible in any manner for that content.
Arbitration
In the event of a dispute between the Parties, either Party may call a meeting on providing the other Party with not less than three working days’ notice. Such Initial Meeting may be in person if convenient for both Parties otherwise shall be by way of telephone call or “Google Meet” or such other format as is convenient.
If (i) the dispute is not settled by negotiation within thirty (30) days commencing on the date when either Party requests a meeting in accordance with the previous paragraph or within such further period as the Parties may agree in writing and (ii) the applicable law does not restrict the arbitration of the dispute, the Parties agrees to settle the dispute by binding arbitration in accordance with the Resolution Institute Arbitration Rules. Unless the Parties agree upon an arbitrator, either Party may request a nomination from the Chair of Resolution Institute. The arbitrator’s decision will be binding and may not be appealed. A judgement of a court having jurisdiction may be entered upon the arbitrator’s award.
Governing law
These terms shall be governed by the laws of the Pune, Maharashtra, India Jurisdiction.
Assignment
These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Howl India (Open Insights IT Solutions Pvt. Ltd.) without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire Agreement/Severability
These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Howl India (Open Insights IT Solutions Pvt. Ltd.) in connection with the Products, shall constitute the entire agreement between you and Howl India (Open Insights IT Solutions Pvt. Ltd.) concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending an email to your primary email address. If the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services, you may terminate your use whenever needed. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.