GENERAL TERMS AND CONDITIONS
fnCyber Security Consulting Services
For the purpose of these Terms and Conditions, The term "we", "us", and "our" used anywhere on this page shall mean FNCYBER SECURITY CONSULTING SERVICES PRIVATE LIMITED, whose registered/operational office is Level 1, Salarpuria Knowledge City, InOrbit Mall Road, HITEC City Hyderabad TELANGANA 500081 . "you", “your”, "user", “visitor” shall mean any natural or legal person who is visiting our website and/or agreed to purchase from us.
The following Terms and Conditions govern your use of the website and/or purchase from us:
- The content of the pages of this website is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on our website and/or product pages is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our website and/or product pages meet your specific requirements.
- Our website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in our website that are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorized use of information provided by us shall give rise to a claim for damages and/or be a criminal offense.
- From time to time, our website may also include links to other websites. These links are provided for your convenience to provide further information.
- You may not create a link to our website from another website or document without FNCYBER SECURITY CONSULTING SERVICES PRIVATE LIMITED’s prior written consent.
- Any dispute arising out of the use of our website and/or purchase with us and/or any engagement with us is subject to the laws of India.
- We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time
- fnCyber Security Consulting Services: fnCyber Security Consulting Services Pvt Ltd, established in Hyderabad, Telangana 500081, India, Company Identification No. U72900TG2021PTC153934.
- Customer: the party with which fnCyber Security Consulting Services has entered into an agreement.
- Parties: fnCyber Security Consulting Services and customer together.
- Consumer: a customer who is an individual acting for private purposes.
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of fnCyber Security Consulting Services.
- Parties can only deviate from these conditions if explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or third parties.
Offers and Quotations
- Offers and quotations from fnCyber Security Consulting Services are without engagement unless expressly stated otherwise.
- An offer or quotation is valid for a maximum period of 2 weeks from its date unless another acceptance period is stated in the offer or quotation.
- If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.
- Offers and quotations do not apply to repeated orders unless the parties have agreed upon this explicitly and in writing.
- Upon acceptance of a quotation or offer without engagement, fnCyber Security Consulting Services reserves the right to withdraw the quotation or offer within three days after receipt of the acceptance without any obligations towards the customer.
- Verbal acceptance of the customer only commits fnCyber Security Consulting Services after the customer has confirmed this in writing (or electronically).
- All prices used by fnCyber Security Consulting Services are in euros, are exclusive of VAT, and are exclusive of any other costs such as administration costs, levies, and travel, shipping or transport expenses unless expressly stated otherwise or agreed otherwise.
- fnCyber Security Consulting Services is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- The parties agree on a total price for a service provided by fnCyber Security Consulting Services. This is always a target price unless the parties have explicitly agreed on a fixed price in writing, which cannot be deviated from.
- fnCyber Security Consulting Services is entitled to deviate up to 10% of the target price.
- If the target price exceeds 10%, fnCyber Security Consulting Services must let the customer know why a higher price is justified in due time.
- If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
- fnCyber Security Consulting Services has the right to adjust prices annually.
- fnCyber Security Consulting Services will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
- The consumer has the right to terminate the contract with fnCyber Security Consulting Services if he does not agree with the price increase.
Payments and Payment Term
- fnCyber Security Consulting Services may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
- The customer must have paid the whole amount within or before seven days after delivery.
- Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he/she is legally in default, without fnCyber Security Consulting Services having to send the customer a reminder or put him in default.
- fnCyber Security Consulting Services reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Cancellations and Refund Policy
FNCYBER SECURITY CONSULTING SERVICES PRIVATE LIMITED believes in helping its customers as much as possible and has a liberal cancellation policy. Under this policy:
- Cancellations will be considered only if the request is made within seven days of placing the order. However, the cancellation request may not be entertained if the orders have been communicated to the vendors/merchants and they have initiated the process of shipping them.
- FNCYBER SECURITY CONSULTING SERVICES PRIVATE LIMITED does not accept cancellation requests for perishable items like flowers, eatables etc. However, refund/replacement can be made if the customer establishes that the quality of product delivered is not good.
- If you receive damaged or defective items, please report the same to our Customer Service team. The request will, however, be entertained once the merchant has checked and determined the same at his own end. This should be reported within seven days of receipt of the products.
- In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within seven days of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision.
- In case of complaints regarding products that come with a warranty from manufacturers, please refer the issue to them.
- In case of any Refunds approved by the FNCYBER SECURITY CONSULTING SERVICES PRIVATE LIMITED, it’ll take 16-30 days for the refund to be processed to the end customer.
Shipping and Delivery Policy
Where applicable, For National and International buyers, orders are shipped and delivered only through registered international courier companies and/or International speed post. For domestic buyers, orders are shipped through registered domestic courier companies and /or speed post only. Orders are shipped within 8-14 days or as per the delivery date agreed at the time of order confirmation, and delivery of the shipment is subject to Courier Company / post office norms. FNCYBER SECURITY CONSULTING SERVICES PRIVATE LIMITED is not liable for any delay in delivery by the courier company / postal authorities and only guarantees to hand over the consignment to the courier company or postal authorities within 8-14 days from the date of the order and payment or as per the delivery date agreed at the time of order confirmation. Delivery of all orders will be to the address provided by the buyer. Delivery of our services will be confirmed on your mail ID as specified during registration. For any issues in utilizing our services, you may contact our helpdesk, the account manager or by writing into email@example.com
Consequences of Late Payment
- If the customer does not pay within the agreed term, fnCyber Security Consulting Services is entitled to charge an interest of 8% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
- When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to fnCyber Security Consulting Services.
- The collection costs are calculated based on the Reimbursement for extrajudicial collection costs.
- If the customer does not pay on time, fnCyber Security Consulting Services may suspend its obligations until the customer has met his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of fnCyber Security Consulting Services on the customer are immediately due and payable.
- If the customer refuses to cooperate with the performance of the agreement by fnCyber Security Consulting Services, he is still obliged to pay the agreed price to fnCyber Security Consulting Services.
Right of Withdrawal
- A consumer may cancel an online purchase during a cooling-off period of 7 days without giving any reason, provided that:
- The purchase does not concern an (assignment to) urgent repair
- It does not concern a service that is entirely performed with the consent of the customer within the seven calendar days right of the withdrawal period, and the consumer has not renounced his right of withdrawal.
- The product/service has not been used.
- It is not a product/service that can spoil quickly, like food or flowers
- The product/service is not specially tailored for the consumer or adapted to its unique needs
- It is not a product/service that may not be returned for hygienic reasons (underwear, swimwear, etc.)
- The seal is still intact when the product is a data carrier with digital content (DVDs, CDs, etc.)
- The product/service is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
- The product/service is not a separate magazine or a loose newspaper
- The consumer has not renounced his right of withdrawal
The following are also excluded:
- Social services and health care
- Gambling activities
- Financial services
- Package holidays
- Passenger transport services
- Immovable property (house, land)
- Agreements that require a notary
- Agreements for an amount of less than € 50
- The cooling-off period of 7 days, as referred to in paragraph 1, commences:
- On the day after the consumer has received the last product/service or part of 1 order
- As soon as the consumer has received the first service of a subscription
- As soon as the consumer has confirmed the purchase of digital content via the internet
- As soon as the consumer has purchased a service for the first time
- As soon as the consumer has confirmed the purchase of digital content via the internet
- The consumer can notify his right of withdrawal via firstname.lastname@example.org, if desired, by using the withdrawal form that can be downloaded via the fnCyber Security Consulting Services website, https://www.fncyber.com.
- The consumer is obliged to return the product to fnCyber Security Consulting Services within seven days after the notification of his right of withdrawal. After this period, his right of withdrawal will lapse.
- The consumer can notify his right of withdrawal via email@example.com by quoting the Purchase Order, Invoice # or Payment Reference #.
Suspension of obligations by the Customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
The customer waives his right to settle any debt to fnCyber Security Consulting Services with any claim on fnCyber Security Consulting Services.
- The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
- Goods/Services delivered that are necessary for the execution of the underlying agreement
- Goods/Services being property of fnCyber Security Consulting Services that are present at the premises of the customer
- Goods/Services that have been delivered under retention of title
- At the first request of fnCyber Security Consulting Services, the customer provides the policy for these insurances for inspection.
When parties have entered into an agreement with services included, these services only contain best-effort obligations for fnCyber Security Consulting Services, not obligations of results.
Performance of the Agreement
- fnCyber Security Consulting Services executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good artistry.
- fnCyber Security Consulting Services has the right to have the agreed services (partially) performed by third parties.
- The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
- It is the customer's responsibility that fnCyber Security Consulting Services can start the implementation of the agreement on time.
- If the customer has not ensured that fnCyber Security Consulting Services can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
Duty to inform - By the Customer
- The customer shall make available to fnCyber Security Consulting Services all information, data, and documents relevant to the correct execution of the agreement in time and in the desired format and manner.
- The customer guarantees the correctness, completeness, and reliability of the information, data, and documents made available, even if they originate from third parties unless otherwise required by the nature of the agreement.
- If and insofar as the customer requests this, fnCyber Security Consulting Services will return the relevant documents.
- If the customer does not timely and adequately provide the information, data, or documents reasonably required by fnCyber Security Consulting Services and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
Duration of the Service Agreement
- The agreement between fnCyber Security Consulting Services and the customer is entered into for an indefinite period of time unless it results otherwise from the nature of the agreement or the parties have expressly agreed otherwise in writing.
- If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term unless 1 of the parties terminates the contract with due observance of a notice period of 2 months (s) or if a consumer terminates the agreement with due observance of a notice period of 1 month causing the agreement to end at the end of the fixed term.
- If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give fnCyber Security Consulting Services a written reasonable term to terminate the activities before it may either terminate the contract or claim damages.
Cancellation of the Contract for an Indefinite Period of Time
- The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of 2 months.
- A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.
- fnCyber Security Consulting Services retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
- The customer may not copy or have copied the intellectual property rights without prior written permission from fnCyber Security Consulting Services, nor show them to third parties and/or make them available or use them in any other way.
- The client keeps any information he receives (in whatever form) from fnCyber Security Consulting Services confidential.
- The same applies to all other information concerning fnCyber Security Consulting Services that he knows or can reasonably suspect is secret or confidential or of which it can expect that its disclosure may cause damage to fnCyber Security Consulting Services.
- The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
- The obligation of secrecy described in this article does not apply to information:
- which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer's duty to confidentiality
- which is made public by the customer due to a legal obligation
- The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.
- If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of fnCyber Security Consulting Services an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
- No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
- The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of fnCyber Security Consulting Services, including its right to claim compensation in addition to the fine.
The customer indemnifies fnCyber Security Consulting Services against all third-party claims that are related to the products and/or services supplied by fnCyber Security Consulting Services.
- For possible shortcomings, The customer must examine a product or service provided by fnCyber Security Consulting Services as soon as possible.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform fnCyber Security Consulting Services of this as soon as possible, but within one month after discovering the shortcomings.
- Consumers must inform fnCyber Security Consulting Services of this within one month of the detection of the shortcomings.
- The customer gives a detailed description of the shortcomings so that fnCyber Security Consulting Services can respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can, in any case, not lead to fnCyber Security Consulting Services being forced to perform other work than has been agreed.
- The customer must provide any notice of default to fnCyber Security Consulting Services in writing.
- The customer is responsible for a notice of default reaching fnCyber Security Consulting Services (in time).
Joint and Several Client liabilities
Suppose fnCyber Security Consulting Services enters into an agreement with several customers. In that case, each of them shall be jointly and severally liable for the full amounts due to fnCyber Security Consulting Services under that agreement.
Liability of fnCyber Security Consulting Services
- fnCyber Security Consulting Services is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If fnCyber Security Consulting Services is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement.
- fnCyber Security Consulting Services is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
- If fnCyber Security Consulting Services is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages, the amount of the liability is limited to the (part of the) invoice to which the liability relates.
- All images, photos, colors, drawings, and descriptions on the website or in a catalog are only indicative. They are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from fnCyber Security Consulting Services shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly.
- The customer has the right to dissolve the agreement if fnCyber Security Consulting Services imputably fails to fulfill his obligations unless this shortcoming does not justify termination due to its unique nature or because it is of minor significance.
- If the fulfillment of the obligations by fnCyber Security Consulting Services is not permanent or temporarily impossible, dissolution can only take place after fnCyber Security Consulting Services is in default.
- fnCyber Security Consulting Services has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement or if circumstances give fnCyber Security Consulting Services reasonable grounds to fear that the customer will not be able to fulfill his obligations properly.
- In addition to the provisions of Terms and Conditions, if a shortcoming of fnCyber Security Consulting Services in the fulfillment of any obligation to the customer cannot be attributed to fnCyber Security Consulting Services in any situation independent of the will of fnCyber Security Consulting Services when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from fnCyber Security Consulting Services.
- The force majeure situation referred to in paragraph 1 is also applicable - but not limited to the state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, couriers or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which fnCyber Security Consulting Services cannot fulfill one or more obligations towards the customer, these obligations will be suspended until fnCyber Security Consulting Services can comply with them.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- fnCyber Security Consulting Services does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the Agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the General Terms and Conditions
- fnCyber Security Consulting Services is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed by fnCyber Security Consulting Services with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of Rights
- The customer cannot transfer its rights deferring from an agreement with fnCyber Security Consulting Services to third parties without the prior written consent of fnCyber Security Consulting Services.
- This provision applies as a clause with the laws of the Government of India.
Consequences of Nullity or Annullability
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what fnCyber Security Consulting Services had in mind when drafting the conditions on that issue.
Applicable Law and Competent Court
- The law of the Government of India is exclusively applicable to all agreements between the parties.
- The Indian court in the district where fnCyber Security Consulting Services is established is exclusively competent in case of any disputes between parties unless the law prescribes otherwise.
Drawn up on 02 January 2024.