CSA Smart Pay Technologies Pvt Ltd – Terms & Conditions

These Terms and Conditions (“Terms”) constitute a legally binding agreement between CSA Smart Pay Technologies Pvt Ltd (“CSA Smart Pay Technologies”, “Company”, “We”, “Us”, or “Our”) and any individual or legal entity (“Client”, “Customer”, “User”, or “You”) that accesses, purchases, subscribes to, or uses our websites, hosting platforms, servers, cloud infrastructure, software solutions, applications, domains, APIs, payment systems, or related services (“Service”).

By accessing, registering for, purchasing, or using any part of the Service, you acknowledge that you have read, understood, and agree that these Terms are the legal equivalent of a signed written contract and are fully enforceable under applicable laws. If you do not agree with any part of these Terms, you must immediately discontinue use of the Service.

1. Scope of Services

CSA Smart Pay Technologies provides technology-driven services including, but not limited to, shared hosting, cloud hosting, dedicated servers, VPS, domain registration, software development, SaaS platforms, payment integrations, APIs, and technical support.

All Services are provided subject to these Terms, applicable policies, service-level agreements (SLAs), and all applicable local, national, and international laws and regulations.

2. Communications With Our Web Service

CSA Smart Pay Technologies welcomes feedback, technical suggestions, and improvement ideas related to our Services. By submitting any content, feedback, or communication, you grant CSA Smart Pay Technologies a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and create derivative works from such content.

The Company may freely use any ideas, methodologies, technical concepts, or know-how contained in such communications for business, development, operational, or commercial purposes, without obligation, attribution, or compensation.

3. No Offer or Professional Advice

All information available on this website or through our Services is provided for general informational purposes only. Nothing herein shall be construed as an offer to sell, solicitation, investment advice, legal advice, or professional consulting of any kind.

4. Privacy Statement

CSA Smart Pay Technologies Pvt Ltd maintains a Privacy Policy that explains how personal data is collected, processed, stored, and protected. By using our Services, you acknowledge and agree to the terms of our Privacy Policy.

5. Acceptable Use, IP Abuse & Illegal Activities

5.1 Client Responsibility

The Client is solely responsible for all activities conducted through their hosting account, servers, IP addresses, domains, applications, scripts, databases, emails, and users, including actions performed by third parties, employees, contractors, or compromised systems.

CSA Smart Pay Technologies assumes no responsibility or liability for misuse, abuse, or unlawful activity originating from Client-managed services.

5.2 Prohibited Activities

• Malware distribution, phishing, ransomware, or malicious code
• Spam, unsolicited bulk email, spoofing, or email abuse
• Botnets, DDoS attacks, brute-force attempts, or network scanning
• Hosting illegal, deceptive, infringing, or harmful content
• Any activity violating upstream provider policies or cybersecurity laws

5.3 Data Privacy & Non-Disclosure of Personnel Information

The Client (including any Resellers, sub-users, or affiliates) is strictly prohibited from sharing, publishing, distributing, or exposing the personal data, full names, or personal contact details of any employee, contractor, or representative of CSA Smart Pay Technologies Pvt Ltd without prior explicit written authorization from the Company.

• Legal Offense: Unauthorized disclosure of personnel data is considered a material breach of these Terms and a violation of applicable privacy laws.
• Immediate Enforcement: Any violation of this clause shall be treated as a legal offense. The Company reserves the right to take immediate civil or criminal legal action.
• Service Consequences: Violation will lead to the immediate termination and permanent closure of all active services associated with the Client or Reseller, without notice and without refund.

6. Abuse Notifications & Enforcement

CSA Smart Pay Technologies may issue abuse notifications, warnings, or compliance requests. The Client is required to take immediate corrective action.

Failure to respond, delayed response, or incomplete remediation shall be treated as material non-compliance, authorizing CSA Smart Pay Technologies to enforce penalties, suspension, or termination.

7. Penalties & Charges

7.1 Upstream Provider Penalties

Any penalties, fines, or charges imposed by data centers, network providers, registrars, or infrastructure partners due to Client-side abuse shall be fully payable by the Client, without objection or dispute.

7.2 CSA Smart Pay Technologies Administrative Penalties

CSA Smart Pay Technologies reserves the independent right to impose additional administrative or compliance penalties to cover security investigation, abuse mitigation, operational disruption, and legal risk exposure.

All penalties are non-refundable, non-negotiable, payable immediately, and may be converted to INR at the prevailing exchange rate.

8. Digital Services Act (DSA) & IT Act 2000 Compliance

CSA Smart Pay Technologies complies with all applicable laws, including the Information Technology Act, 2000 (India) and, where applicable, the European Union Digital Services Act (DSA).

In accordance with Article 6(1) of the Digital Services Act, CSA Smart Pay Technologies may require the immediate removal of illegal or infringing content and is entitled to lock, suspend, restrict, or terminate access to Services, with or without prior notice.

9. Suspension, Locking & Termination

• Detection of abuse or illegal activity
• Failure to pay penalties or charges
• Repeated or severe policy violations
• Regulatory or legal compliance requirements

Service restoration is subject to full payment, compliance verification, and provider approval. Termination may occur without further notice.

10. Data Backup & Loss Clause

11. Disclaimer of Warranty & Limitation of Liability

All Services are provided on an “as is” and “as available” basis. CSA Smart Pay Technologies disclaims all warranties, express or implied. Under no circumstances shall CSA Smart Pay Technologies be liable for indirect, incidental, consequential, or punitive damages. Total liability shall not exceed the fees paid by the Client for the affected Service.

12. Refund Policy

All payments made to CSA Smart Pay Technologies are non-refundable unless explicitly stated otherwise in writing. No refunds shall be issued for partially used services, suspensions due to policy violations, account termination, setup fees, domain registrations, or third-party services.

13. SLA (Uptime Guarantee)

CSA Smart Pay Technologies aims to provide 99.9% uptime. In the event of service downtime, the Client may be eligible for service credits only, not monetary refunds. Downtime caused by maintenance, force majeure, or third-party failures shall not be considered for compensation.

14. Force Majeure

CSA Smart Pay Technologies shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, cyber-attacks, power failures, or government actions.

15. Account Suspension Without Notice

CSA Smart Pay Technologies reserves the right to suspend, restrict, or terminate any account or service at its sole discretion, with or without prior notice, for security, abuse, legal compliance, or operational reasons.

16. Payment & Due Date Enforcement

All services must be paid in advance. Failure to pay by the due date may result in suspension or termination without further notice. The Company is not responsible for data loss resulting from suspension due to non-payment.

17. Domain & Third-Party Disclaimer

Domain registration, DNS, SSL, and third-party services are dependent on external providers. CSA Smart Pay Technologies shall not be liable for failures or errors caused by such providers.

18. Resource Usage / Fair Usage Policy

Clients must use server resources responsibly. Excessive CPU, RAM, or disk usage that impacts server stability may result in throttling, suspension, or termination without prior notice.

19. Data Retention After Termination

Upon termination, CSA Smart Pay Technologies is not obligated to retain Client data. All data may be permanently deleted without prior notice. It is the Client’s responsibility to maintain backups prior to termination.

20. Corrections & Changes

CSA Smart Pay Technologies may update or modify these Terms or Services at any time. Continued use of the Service constitutes acceptance of the updated Terms.

21. Indemnification

The Client agrees to indemnify and hold harmless CSA Smart Pay Technologies Pvt Ltd, its directors, and employees from any claims or losses arising from Client misuse or violation of these Terms.

22. Links to Third-Party Services

CSA Smart Pay Technologies does not control or endorse third-party websites and assumes no responsibility for their content or practices.

23. Use of the Internet

Internet usage involves inherent risks. CSA Smart Pay Technologies shall not be liable for events beyond its reasonable control regarding network security or connectivity.

24. Copyright & Intellectual Property

All intellectual property remains the exclusive property of CSA Smart Pay Technologies Pvt Ltd. Unauthorized use may result in civil and criminal liability.

25. Entire Agreement

These Terms constitute the complete agreement between the parties and supersede all prior understandings or agreements.

26. Governing Law & Jurisdiction

These Terms are governed by the laws of India. Courts located in Coochbehar, West Bengal, India shall have exclusive jurisdiction.

27. Software Development Services Terms

27.1 Scope of Work (SOW)

All software development services shall be governed by a written proposal, quotation, or Scope of Work (“SOW”) approved by the Client. Only the features, deliverables, and timelines expressly defined in the SOW shall be included in the project scope. Any functionality, modification, or service not explicitly specified in the approved SOW shall be considered out-of-scope and may be subject to additional charges and revised timelines.

27.2 Project Timeline & Delivery

All project timelines provided are estimates and are dependent upon timely cooperation, approvals, and inputs from the Client. CSA Smart Pay Technologies shall not be liable for delays caused by:

• Delayed feedback or approvals from the Client
• Incomplete, inaccurate, or missing information
• Third-party dependencies or service providers
• Payment delays or non-payment

27.3 Payment Terms

Software development services shall be provided on a milestone-based or advance payment basis, as agreed in the SOW or quotation.

CSA Smart Pay Technologies reserves the right to suspend or withhold work in the event of delayed or non-payment. All payments made for software development services are non-refundable once the project has commenced.

27.4 Change Requests & Revisions

Any request for changes, modifications, enhancements, or additional features beyond the approved SOW shall constitute a change request. All change requests must be mutually agreed upon, may result in additional charges, and may extend the project timeline. The Company reserves the right to accept or reject any change request based on feasibility.

27.5 Testing & Acceptance

Upon delivery of the software or any project milestone, the Client shall review and provide feedback within seven (7) business days. If no written feedback is reported within this period, the deliverable shall be deemed accepted. Bug fixes related to the original scope shall be addressed without additional charges.

27.6 Intellectual Property Rights

Ownership of the final deliverables shall be transferred to the Client only upon receipt of full and final payment. Until such payment is received, all source code and designs remain the exclusive property of CSA Smart Pay Technologies. The Company retains the right to reuse generic components and frameworks.

27.7 Source Code & Access

Access to source code, administrative credentials, and deployment files shall be provided only after full payment has been received. The Company is not obligated to share partial code or development-stage files prior to payment completion.

27.8 Third-Party Services & Dependencies

CSA Smart Pay Technologies shall not be liable for service interruptions, API changes, pricing changes, or discontinuation of third-party services used within the project.

27.9 Support & Maintenance

Post-delivery support is limited to a 7–15 day period for bug fixes related to the original scope. Ongoing maintenance or updates shall require a separate agreement and additional charges.

27.10 Limitation of Liability (Development Services)

CSA Smart Pay Technologies shall not be liable for any indirect or consequential damages arising from the use of the developed software. Total liability shall not exceed the total amount paid by the Client for the specific project.

27.11 Project Termination

In the event the Client terminates the project after commencement, all payments made shall be non-refundable. The Company reserves the right to terminate the project for non-payment, repeated scope changes, or non-cooperative behavior.