Terms & Conditions

The terms “you,” “your,” and “yours” refer to the customer. Kroscon Media Private Limited, incorporated under the provisions of the Companies Act, 1956, hereinafter referred to as “Kroscon”, “we,” “us,” and “our.” These General Terms and Conditions are governed by our Terms of Service. Our Terms of Service take precedence over any conflicting General Terms and Conditions provision. BY USING Kroscon SERVICES AND Kroscon WEBSITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THESE General Terms and Conditions. IF YOU DO NOT AGREE TO THESE General Terms and Conditions, PLEASE DO NOT USE THE WEBSITE AND/OR SERVICES.


Account ethics and confidentiality

You are entitled to withhold all the account confidentiality standards and shall not engage in partial or complete disclosure of “Account” information to any third-party resources. You are entitled to keep all the information regarding invoices, recent transactions, payments, application fields, and other panel details confidential.


Accuracy and Completeness of InformationWhile Kroscon strives to ensure that the information contained on this Website is accurate and reliable, Kroscon makes no warranties as to the accuracy, correctness, or completeness of any such information and assumes no liability or responsibility for any omissions or errors in the content of this Website. Kroscon reserves the right to revise the information contained on this Website at any time in its sole discretion without any obligation to notify past, current
or prospective visitors.


Your Use of This Website

You may download certain content that appears on this Website for your personal use, provided you do not remove or modify any copyright, trademark, or other proprietary notices. You expressly agree that no right, title, or interest in any downloaded materials is transferred to you as a result of such downloading or copying. There are inherent dangers in
downloading materials and information from the Internet, and Kroscon cautions you to make sure that you completely understand the potential risks before downloading any such content. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any information downloaded from this Website, and
Kroscon will not be liable for any damages that you may suffer as a result of such download.


Changes To The General Terms and Conditions

We reserve the right to change these General Terms and Conditions from time to time without notice by posting the changes to Kroscon’s Website. When we do, we will also revise the “last updated” date of these General Terms and Conditions.


Privacy Policy

Kroscon’s use of any personally identifiable information you submit to the Website is governed by the Website’s Privacy Policy.


Registration

The User has to get registered with us as per the service acceptance contract by providing relevant details including your contact number, mailing address, office address, and so on. The User should provide the current and true information as per the requirement of the registration form without fail. If in any scenario the information provided by the User stands
untrue or incomplete, Kroscon holds the right to deny, suspend, or terminate the services at any instance without giving any prior notice. The User is liable to submit identification documents necessary as per the regulations of the Department of Telecommunications, Government of India. The account shall be set for deactivation in case the required documents are not submitted within 10 days of account activation, and we shall not be liable for any refunds.


Services Activation Delay

We are set to activate the user account within 7 working days of payment confirmation with a positive effect. However, the time may vary based on a certain set of limitations:


● The setting up of the accounting period may vary based on the changes in customer requirements.


● Holidays or Non-working days are not considered as a part of the timeline for the account activation period.


Resolution

We are committed to providing a resolution for any type of service delay; however, the User is entitled to a 100% balance refund available in the respective accounts in case a resolution is not provided within 30 days of the date of payment.


Exit Policy for Voice Services

If the customer is not willing to extend/renew the contract upon contract expiration,we can transfer the ownership of the number upon request to the User as per the following policies:


● Only Virtual mobile numbers can be transferred.

● Landline/Toll-Free/PSTN numbers are not transferable.

● The user is liable to pay a transfer fee of INR 5000 to facilitate the transfer of ownership.

● The user has an option to continue with the services until the number porting process is complete by paying the rental and usage charges.

● We reserve the right to charge the User up to INR 7500 as a security deposit against the aforementioned charges. Any part of the unused amount will be refunded back to the User after the transfer of ownership is complete.


Communication

The User shall give their consent to receive communications from Kroscon through emails, calls, and SMS for the services and transactions on our portal. The users are entitled to register their valid e-mail ids and contact numbers for the same. The User shall also be entitled to receive promotions, service updates, and such other sorts of communications from our end.


Contact

In case you have any queries or suggestions about this Terms of Use Policy, please reach out to us at support@kroscon.com or call us at +91-9711-750-750.


Termination

The User may, as per their best interests, deactivate their account at any point in time. Kroscon reserves the right to suspend or terminate access to our services without giving any prior notice or specific reason, and also in case of any possible violation of the terms of use. Kroscon shall not be held liable for any instances of termination of services on account of non-renewal or non- payment of dues on time.


Plans

Pre-Paid: The User can renew the services contract anytime post expiration of the services within two months from the date of contract expiration as per the following guidelines:


● The User can renew the service contract with the services of the previous number and the service plan only if the display number is available with us.

● The User can renew the service contract beyond one month from the date of expiration and before two months from the date of expiration without a guarantee of a previous service plan.


Privacy guidelines

As per the user registration guidelines, you shall be liable to provide true information while creating the account and choose a strong password. Kroscon reserves the right to have full access to customer-specific information and use it to an extent as permissible by the regulations of the Government of India to provide top-notch services to the users. We store
your critical information and are liable to keep it secure as per the Information Security Act –2000.


Use of Content

The diverse content available on the Website is to be used by the User solely for non-commercial purposes or the purpose of the services offered by Kroscon. The user is not entitled to the ownership of any type of content available on the Website. It is strictly not allowed to copy or reproduce the content for any purpose except as per the guidelines of this
Terms of Use. Kroscon grants a temporary permit to users to view the content available on the Website provided there is no violation of copyright and trademark rules mentioned regarding the content. The content should not be used for any other purpose without prior written permission from the concerned authorities of Kroscon. We hold the right to modify,
alter, renew, or change the content of the Website at any point in time without providing any prior notice to the User.


Fair Usage Policy (FUP)

We strive to provide the best-in-class services to our customers with relentless dedication. There are some scenarios wherein the credits added in the user accounts are not utilized for a very long time, or the account is not used for a very long time. This non-utilization creates an imbalance for the other users as non-operational accounts have to be handled on the backend, equally consuming time and causing work constraints. As there are very minimal validity impositions on SMS services, we intend to build a fair usage scheme to ensure adequate utilization of credits within a reasonable time frame (6 months – 1 year). Thus, to ensure that the services remain smooth for all our customers, we are introducing a Fair Usage Policy with the intention of service betterment.


FUPs for SMS and Voice

The credits in the user account shall no longer remain valid, followed by account deactivation and approved sender id and template de-listings if the criteria fall in any of the following scenarios:


a. If there is no account usage for six consecutive months and the User has not logged into his account for the last three months.

b. If there has been account usage in the last six months, but the User has not logged into the account for the past 3 months, the account will be kept on hold for deactivation as per the policy (ref. a).

c. If there has been no usage of the accounts in the past six months, but the User has logged into his account in the last three months, then the account will be kept on hold for deactivation as per the policy (ref. a).

d. Under no circumstances shall there be a refund for credits used against respective telecom regulations. The User is expected to maintain regulations compliant usage of SMS credits throughout the account tenure.

e. The User is expected to have a minimum of 10% usage of credits within the first month from the date of credit addition to the user account.

f. The User is expected to have a minimum of 50 % usage of credits within the first two months from the date of credit addition to the user account.

g. The effective credit balance on the voice platform shall be forfeited in case the account validity of the User has lapsed. The users are expected to utilize their balance within the validity period or to get their validity extended for the same.


Scope

The User is entitled to use the services in context with cloud communications for business purposes, providing Inbound and outbound solutions in context with IT support solutions. Payment


The User shall be on agreeable terms with any forms of electronic payment modes available with Kroscon for service payments against the services offered. We therefore, in full terms, are authorized to process any type of payment electronically by the User against the services. The invoice for the charged services shall be generated and shared with the User at fixed periodic intervals. The User is responsible and required to cross-check and verify the invoice. If any discrepancies are to be found, the same shall be notified to Kroscon within 7 days of the date of invoice generation. Invoice reminders shall be sent to the User at regular intervals.


Regulatory Guidelines

Kroscon works under regulations formulated by the Department of Telecommunications, Government of India (DOT), and Telecom Regulatory Authority of India (TRAI). Kroscon reserves the right for modification, alteration, or removal of specific features or offerings based on the law and regulations without any prior notice. Kroscon holds no abiding policy to fulfil any type of service request demanded by the User. The provision of service request fulfilment shall be at the sole discretion of Kroscon depending on priority parameters.


Support

● Kroscon extends service support from 8.00 am to 8.00 pm over email at support@kroscon.com or call at +91- 358178143.

● The general response time for any query or issue reported is 24 hours which may extend depending on the severity of the issue reported.

● Kroscon strives to resolve any type of issue reported in the minimum time possible with regards to the service provided but holds no guarantee that the issue will be resolved. Governing Law and Jurisdiction


The services agreement of Kroscon falls strictly under the Laws of the Republic of India, and any disputes, disagreements (including questionable parameters regarding services) shall be taken to the relevant court, i.e. courts in New Delhi. This agreement stands firm, in compliance with the Telecom Resources Undertaking, the DND Undertaking, and the privacy
policy in correspondence with the terms of usage of services and is above any other agreement or understanding between a user and Kroscon. If you have any concerns or queries with the agreement, please feel free to contact us at support@kroscon.com or call us at +91-7358178143


Disclaimers

THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


No advice or information, whether oral or written, obtained by a user from Kroscon, shall create any warranty not expressly made herein. If you download or copy any material from this Website, you do so at your sole discretion and risk, and consequently, you will be responsible for any damage to your computer system or loss of data that results from the
download or copying of any material or software. Some of Kroscon’s Services require the use of third-party services, products, or networks. Kroscon will make commercially reasonable efforts to communicate any policies, requirements, or guidelines of those third parties to You. You agree to follow those policies, requirements, or guidelines. ANY ACTUAL
OR ALLEGED VIOLATION OF A THIRD-PARTY POLICY, REQUIREMENT, OR GUIDELINE BY YOU IS YOUR RESPONSIBILITY. Kroscon MAKES NO WARRANTY OR REPRESENTATION THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE IF ANY VIOLATION OF A THIRD-PARTY POLICY,
REQUIREMENT, OR GUIDELINE BY YOU IS ALLEGED BY A THIRD PARTY.


Products and Services

All products (including software) and services of Kroscon may only be accessed and used according to a separate product or service agreement. If you have accessed such products or services before entering into a separate product or service agreement, such access violates Kroscon’s General Terms and Conditions. You shall immediately cease using such
services or delete any such products from your computer or server until you become an authorised user of such products or services.


Limitation of Liability

IN NO EVENT WILL Kroscon BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER THEY MAY ARISE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR TERMS OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE:
(i) USE OF THE INFORMATION CONTAINED ON THIS WEBSITE; (ii) USE OF SOFTWARE DOWNLOADED OR LINKED TO FROM THIS WEBSITE; OR (iii) FOR THE FAILURE TO PROVIDE SERVICES OR INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF Kroscon HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST Kroscon, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES
(WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.


Indemnification

You agree to defend, indemnify and hold Kroscon harmless from and against any third-party claims, damages, costs, and expenses, including reasonable attorney’s fees, arising from or related to your use of this Website.


Links to Third-Party Websites

Any links to third party sites are provided as a convenience to you, and such sites are neither owned nor operated by Kroscon. Kroscon has no control over these linked sites, is not responsible for the contents of these sites, makes no representations or warranties concerning these linked sites, and shall not be liable for any damages or injury arising from
the content of these linked sites. Your viewing and use of any third-party sites are at your sole discretion and risk.


Copyright Notice

Unless otherwise noted, the graphic images, buttons, and text contained in this Website are the exclusive property of Kroscon and are Copyright 2014-2020 of Kroscon. All rights reserved. Except for your personal use as permitted herein, these items may not be copied, displayed, transmitted, or reproduced in any form without the express written permission of Kroscon.


Submissions, Suggestions, and Community Participation

In the event you elect to communicate suggestions for improvements to the Website or any of Kroscon’s services or properties (collectively, “Feedback”), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to Kroscon via comments, forums, e-mails, and the like
(collectively, “Communications”) shall be considered the property of Kroscon. You hereby irrevocably assign all right, title, and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.


Trademark Notice

● The Kroscon logo is a trademark of Kroscon Media Private Limited.

● Other product and service names mentioned in these documents may be trademarks
and/or service marks of others.