The Terms and Conditions given below and any client agreement made under them represent a legally binding contract between Ketu Software Pvt. Ltd. and the client. By signing and dating a copy of the client’s agreement to which a copy of these terms and conditions is attached and returning the full document to Ketu Software Pvt. Ltd. (online or in written form), the client will be part of a legally binding contract. When Client accepts this Agreement, Client consents to receive any notices, agreements, disclosures, or other communications on the email ID provided by the client in this agreement electronically from Ketu Software Pvt. Ltd. Breach of any term/s contained in these Terms and Conditions or in the individual Client Agreement to which they are attached may result in legal action.
1. All quotations and estimates provided by Ketu Software Pvt. Ltd. are valid for a period of 30 days from the date of issue. Quotations not accepted within this timeframe must be re-issued. All quotations are required to be accepted using the supplied Quotation Acceptance Form and returned to Ketu Software Pvt. Ltd. within the 30 day period from date of issuance. All quoted prices, excluding where indicated, do not include Goods and Services Tax.
2. Estimates may be provided by Ketu Software Pvt. Ltd. to offer the client a guide on the projected costing of a project prior to any discovery or research for said project. All estimates will be clearly marked as such and are not an indication of the exact final cost to develop the application. All estimates will need to be formalized to a quotation or invoice before acceptance by either party as the final cost of the application.
3. Fees are charged either on an hourly or a monthly basis or on any other basis agreed with the individual Client and specified in the Client Agreement. The contract amount is agreed with the individual Client and specified in the Client Agreement. Any cost arising from payment clearings or transaction charges is solely the responsibility of the client and will be charged as such. Out-of-pocket expenses and the cost of supplies will be agreed upon with the Client. Clients will be invoiced either in accordance with a schedule attached to the Client Agreement or within a period of time after completion of work as specified in the Client Agreement. The company can accept payment in cheque or direct debit. To change payment methods Client should contact Ketu Software Pvt. Ltd. Payment will normally fall due 14 days from the date shown on the invoice unless varied by the Client Agreement. These payment arrangements may be varied in response to changing circumstances.
4. The Client acknowledges that the creation or development of the website or Software Application may in certain circumstances involve a period of development, where we will need to obtain the Client’s instructions. The Client shall ensure that during the course of the development the Client shall make available the representative(s) of the Client of sufficient seniority who is (are) able to make decisions and give instructions on behalf of the Client to Ketu Software Pvt. Ltd. upon which Ketu Software Pvt. Ltd. will rely. In the event that the Client fails to supply such information or instructions and Ketu Software Pvt. Ltd. is thereby unable to perform its obligations under the contract, Ketu Software Pvt. Ltd. may give the Client notice of this fact by email. If the Client does not supply the requested information or instructions within 5 calendar days of such notice, Ketu Software Pvt. Ltd. shall be entitled forthwith to give the Client notice of termination of the Contract. In the event of such termination, the Client shall be liable to pay for all work undertaken by Ketu Software Pvt. Ltd. on behalf of the Client prior to such termination, at Ketu Software’s hourly rates as set out from time to time or mentioned in the Project documents, together with all costs and expense reasonably incurred by Ketu Software Pvt. Ltd. as a result of such early termination.
5. If the client provides any variation to the agreed specifications (As provided in the project proposal, agreement, order-form, or emails from Ketu Software Pvt. Ltd. prior to this agreement), whether or not made during or as a result of any development process, then this shall only be made with the prior written consent of Ketu Software Pvt. Ltd. Such variation may result in additional increases in the charges at Ketu Software’s standard hourly rates, to reflect the cost and expenses of additional work incurred by Ketu Software Pvt. Ltd.
6. Any order which has been accepted by the Client shall not be canceled by the Client except with the written consent of Ketu Software Pvt. Ltd. Such cancellation can only be on the terms that the Client shall indemnify Ketu Software Pvt. Ltd. in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by Ketu Software Pvt. Ltd. as a result of cancellation.
7. Ketu Software Pvt. Ltd. follows internally set guidelines and policies that govern our work and services and Ketu Software Pvt. Ltd. reserves the right to refuse to design, develop or host an account at its sole discretion at any time.
8. The content (including but not limited to images and text and specifications) will be provided by the client for their website or Software Application which Ketu Software Pvt. Ltd. is designing or developing for them. It is the Client’s responsibility to ensure that all content submitted to Ketu Software Pvt. Ltd. is original content and free from third-party copyright or trademark protection. The client is fully responsible for all website or Software Application content and agrees to hold Ketu Software Pvt. Ltd. harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. Client assumes full liability and will indemnify Ketu Software Pvt. Ltd. for any copyright or trademark infringement of Client’s website or Software Application on any third-party copyright or trademark, including, but not limited to, any infringement due to website or Software Application content, website or Software Application design or the look and feel of Client’s website or Software Application. Because of the nature of Ketu Software’s business involving multiple projects simultaneously, Ketu Software Pvt. Ltd. may not maintain a repository of client content and can’t return original content to the Client. If the client makes a request in writing to destroy the content, then the content will be destroyed, however, Ketu Software Pvt. Ltd. has no liability and does not guarantee the return of any content to the Client. All services provided by Ketu Software Pvt. Ltd. including Design, Development, Server hosting, Domain name registration, SEO, databases, Applications, or programs created by Ketu Software Pvt. Ltd. are the property of Ketu Software Pvt. Ltd. until the Client has paid all fees.
9. As Ketu Software Pvt. Ltd. software is based in India, if web design and/or development, software development, test data run, installation, implementation, or training is undertaken in a site outside India, then the Client will bear the traveling, boarding and lodging charges as per Ketu Software’s policies. The client agrees to comply with all laws of Maharashtra, India regarding online conduct and acceptable content and to adhere and comply with all those laws and regulations.
10. The functionality and detail of the sample sites provided by the client will not be duplicated unless such functionality and details are specifically included and itemized in Ketu Software’s invoice and do not infringe upon the intellectual property rights of others. Ketu Software Pvt. Ltd. will not be held liable for the accuracy of the information, typos, or spelling errors in any of the content approved by the Client and published on the website or Software Application. The client will be notified by email when the website or Software Application is live. The client understands, agrees, and acknowledges that Ketu Software Pvt. Ltd. does not guarantee a time frame for completion of any website or Software Application. This is in part because it is difficult to complete a website or Software Application without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the design, the completion time frame is increased. Other factors that may influence the completion date of a website or Software Application include, but are not limited to, the complexity of the Client’s project(s), availability of Ketu Software Pvt. Ltd. personnel, accounting status of the Client’s account, etc. If Client does not respond to Ketu Software Pvt. Ltd. communications and, as a result, Ketu Software Pvt. Ltd. is not able to start or complete the website or Software Application, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from the date of sale. If the Client’s website or Software Application requires custom programming or additional functionality or the use of a database, the overall development time will be extended.
11. Client is responsible for testing the functionality of the website or Software Application upon Ketu Software’s request for approval, and notification that the website or Software Application has been completed. This includes all pages, functions, and features. Client website or Software Application may be posted live as soon as the website or Software Application design is completed by Ketu Software Pvt. Ltd. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The Client understands and agrees that if the Client does not respond within 5 business days to Ketu Software’s request for approval and notification that the website or Software Application has been completed and taken a life, the website or Software Application along with the functionality of the website or Software Application and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website or Software Application has been tested and approved by the Client. In that situation, the client accepts that it will not be eligible for any refunds.
12. Ketu Software Pvt. Ltd. agrees to build a website or Software Application and/or database to specifications quoted per the original sale and as outlined in the Project proposal or details as provided in emails from Ketu Software Pvt. Ltd. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website or Software Application going live or after the site has gone live, will be billed at Ketu Software’s standard hourly rate. Ketu Software Pvt. Ltd. is not obligated to complete Client requests or changes outside of the scope of work on the original agreement. If Ketu Software Pvt. Ltd. does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
13. Client will be provided with instructions to input information into a website or software application. If Client requests Ketu Software Pvt. Ltd. to enter information into the store on Client’s behalf, the Client will be charged, and agrees to pay, for all information or content added to the website or software application at Ketu Software’s standard data-entry rates. Many modules for websites or software applications are pre-built and any changes to the look or functionality of the pre-built modules require custom programming. The Client will be billed at Ketu Software’s standard hourly rate for requested changes.
14. Client may purchase enhancements to the website or Software Application at the time of initial sale or anytime thereafter. The client’s requests for enhancements to the original sale will be due and billed separately and at the time of the request. Once work has begun on enhancements purchased by the Client there is No Refund if canceled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not canceled.
15. All websites or software applications produced and delivered by Ketu Software Pvt. Ltd. may contain bugs or problems in functionality or delivered features, unknown to Ketu Software Pvt. Ltd. This does not include problems arising or caused by outside sources and/or third-party applications. If Ketu Software Pvt. Ltd. is notified by the client in writing about bugs in the website or software for a period of up to1 a year from the date of delivery or date of services rendered, then Ketu Software Pvt. Ltd. will make all efforts to resolve the bugs and a solution will be sent to the client. The bug resolution Services will be provided with reasonable skill and care in accordance with usual industry practice and in a timely, workmanlike and effective Manner.
16. Ketu Software Pvt. Ltd. shall undertake standard virus checks of the Website and/or Software Application but the Client recognizes that even with such checks Ketu Software Pvt. Ltd. cannot guarantee that viruses or Malware will not occur. Accordingly, Ketu Software Pvt. Ltd. shall not be liable for any costs, claims, damages, expenses, or liability (including without limitation consequential loss or damage) arising whether direct or indirect as a result of any viruses or Malware occurring for any reasons.
17. Client acknowledges that Ketu Software Pvt. Ltd. may establish general guidelines and limits concerning the use of Ketu Software’s services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent, and the maximum disk space that will be allotted on Ketu Software’s servers on Client’s behalf. The client acknowledges that Ketu Software Pvt. Ltd. is not responsible for backing up the Client’s website or Software Application and data.
18. Ketu Software Pvt. Ltd. makes no representations as to the marketing of Client’s products, services, or sales. Client’s obligation to pay fees to Ketu Software Pvt. Ltd. is due at time of sale of website or Software Application design and hosting services and are not contingent upon Client’s marketing of the said website or Software Application. The success or failure of the Client’s website or Software Application is the responsibility of the Client.
19. If Ketu Software Pvt. Ltd. does not receive payment in full when due, Ketu Software Pvt. Ltd. may, to the extent permitted by the law of the state of the billing address on file for the Client at the time, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $50 per month, whichever is greater, on any unpaid balance. Ketu Software Pvt. Ltd. may, to the extent permitted by the law of the state of the billing address on file for Client at the time account is sent to a collection agency, also charge Client for any collection agency fees and/or attorney’s fees billed to Ketu Software Pvt. Ltd. for collecting from Client. If the Client wishes to dispute a charge, the Client must first contact Ketu Software Pvt. Ltd. and must allow 10 business days for a response. If the Client initiates a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon the Client. In the event that the Client initiates a credit card dispute, ceases paying to host fees or other fees due, Ketu Software Pvt. Ltd., at its sole discretion, may suspend work on the website or Software Application until the billing dispute has been resolved.
20. Ketu Software Pvt. Ltd., at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if Ketu Software Pvt. Ltd. believes the Client has violated this Agreement. Ketu Software Pvt. Ltd. may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. The client agrees that any termination of access to Ketu Software’s services under any provision of this Agreement may be effected without prior notice and that Ketu Software Pvt. Ltd. may deactivate or delete the Client’s account and all related information files. The client agrees that Ketu Software Pvt. Ltd. shall not be liable to Client or any third party for any termination of services. Paid accounts that are terminated will not be refunded. Ketu Software Pvt. Ltd. may suspend or terminate accounts, and shut down website or Software Applications for accounts that become delinquent for more than 30 days, in which case the Client remains responsible for any unpaid balance owed to Ketu Software Pvt. Ltd. Charges for hosting will continue to incur up to 1 year if the account has been suspended or terminated. Ketu Software Pvt. Ltd. also reserves the right to discontinue the designing and/or developing of the Client’s website or Software Application at any time, at Ketu Software’s sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by Ketu Software Pvt. Ltd. If the Client cancels an account before the work is completed or the site is live, a cancellation fee of up to 50% of the Project value may be retained by Ketu Software Pvt. Ltd. Client agrees that all fees incurred due to work rendered by Ketu Software’s staff and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services, the website or Software Application will be removed. A backup copy of the website or Software Application is not maintained by Ketu Software Pvt. Ltd. Client agrees to pay all hosting fees and additional services fees owed from the time of sale until the cancellation effective date, and at a minimum for hosting fees for one year. Transferring a domain name to another provider or non-use of the Client’s hosting account does not constitute termination of the account. The client must notify Ketu Software Pvt. Ltd. in writing or via email to terminate the account services and avoid further hosting charges. It is the Client’s responsibility to secure confirmation from Ketu Software Pvt. Ltd. that the request for termination has been received and no further hosting fees will be billed.
21. The effective date of cancellation is to be 30 days from the date of Ketu Software’s receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of the cancellation are valid and the Client agrees to pay. If Client has not paid all design, enhancement, hosting and additional services fees due, such fees are due in full at the time of cancellation and Client authorizes Ketu Software Pvt. Ltd. to collect any outstanding fees due. The client understands any pending billing previously agreed to will not be canceled.
22. Refunds of the fees paid for the development of the website or Software Application may be issued on accounts canceled within 90 days of the initial sale and prior to the completion of the website or Software Application according to the following schedule:
A] A minimum of a 50% cancellation fee will be retained by Ketu Software Pvt. Ltd. on canceled accounts even if no work has been started and no content has yet been submitted by the Client.
B] A minimum of a 75% cancellation fee will be retained by Ketu Software Pvt. Ltd. on canceled accounts if work has been presented to the Client, or Ketu Software Pvt. Ltd. has made multiple attempts to work with the Client, and the Client has not responded to those attempts.
C] A 100% cancellation fee will be retained by Ketu Software Pvt. Ltd. and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by Ketu Software Pvt. Ltd. No Refund will be issued on any website or Software Application canceled after services have been rendered, including but not limited to, the design work having been completed and/or the website or Software Application has taken live.
D] 100% cancellation fee will be retained and NO REFUND will be issued by Ketu Software Pvt. Ltd. if Client cancels after 90 days from the date of initial sale or the submission date of this Agreement.
The cancellation fee is charged to compensate Ketu Software Pvt. Ltd. for up-front expenses and services rendered, including but not limited to, costs incurred for securing server space, creating the temporary website or Software Application or space saver, employee expenses, employee time, marketing, and overhead costs. The client agrees that all fees incurred and billed prior to the cancellation date are valid and the Client agrees to pay.
By accepting a refund or refund less cancellation fee, Client agrees that the matter is settled in full and releases Ketu Software Pvt. Ltd., its officers, owners, members, agents, and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against Ketu Software Pvt. Ltd., its officers, owners, members, agents, and employees.
23. Client acknowledges and agrees that Ketu Software’s services may contain proprietary and confidential information that is protected by intellectual- and proprietary rights laws. The client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of Ketu Software’s services.
24. Client hereby agrees that any information or ideas submitted to Ketu Software Pvt. Ltd. by any means may be used by Ketu Software Pvt. Ltd. without compensation or liability to Client for any purpose whatsoever, including but not limited to, developing website or Software Applications, databases, e-commerce and developing, manufacturing and marketing other products. This provision does not apply to Client content or to personal information. Client hereby gives permission to Ketu Software Pvt. Ltd. to use samples or links to Client’s custom website or Software Application designed by Ketu Software Pvt. Ltd. for marketing and advertising purposes, including but not limited to, use in Ketu Software’s online portfolio.
25. Client may request the use of third-party services or software or Ketu Software Pvt. Ltd. may suggest the use of third-party services or software to its clients. Use of such third-party services will be at the Client’s own risk and subject to the terms and conditions of those third parties. It is the Client’s sole responsibility to ensure that the use of third-party services or software complies with third-party terms of use and licenses, these Terms of Service, and any and all applicable laws. The client assumes full responsibility for, and releases Ketu Software Pvt. Ltd. from, any and all liability associated with the use of third-party services or software. Ketu Software Pvt. Ltd. does not represent nor warrant that use or access to any third-party services will be compatible, uninterrupted, error-free, without defects or that Client will be able to access Ketu Software’s services. The client also agrees that Ketu Software Pvt. Ltd. is under no obligation to provide the Client with any enhancements, updates, or fixes to make Ketu Software’s services accessible through any third-party applications or services, including third-party hosting services.
26. Ketu Software Pvt. Ltd. may contract with Contract Service Providers to complete a portion or all of the Client’s custom website or Software Application. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any Ketu Software Pvt. Ltd. employee directly for services. All payments for services rendered must be made directly to Ketu Software Pvt. Ltd. Contract Service Providers are independent contractors and are required to follow Ketu Software Pvt. Ltd. policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Client’s website or Software Application and do not have access to the Client’s personal information including payment information.
27. Ketu Software Pvt. Ltd. disclaims to the fullest extent permitted by law all warranties of any kind whether express or implied. Ketu Software Pvt. Ltd. disclaims any warranties regarding Ketu Software’s services including that they will meet clients’ requirements, that they will be uninterrupted, timely, secure, or error-free. Clients use of Ketu Software’s services is at clients’ own risk. Ketu Software Pvt. Ltd. disclaims any warranties regarding the quality of any services information or other material purchased, advertised or obtained through Ketu Software’s services. Client understands and agrees that any material downloaded or otherwise obtained through the use of Ketu Software’s services are done at clients own risk and that client will be solely responsible for any damages to clients computer system or loss of data or any other liability that results from the download or transfer of such material.
28. Client understands and agrees that Ketu Software Pvt. Ltd., its subsidiaries, affiliates, officers, and employees shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Ketu Software Pvt. Ltd. has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from the use of or inability to use Ketu Software’s services, reliance on Ketu Software’s services, or from the interruption, suspension, or termination of Ketu Software’s services (including such damages incurred by third parties). This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services resulting from products or services purchased or obtained or messages received or transactions entered through Ketu Software’s services or for unauthorized access to or alteration of client’s data or transmissions and any statements or conduct of a third party or any other matters relating to Ketu Software’s services. Such limitation shall further apply, with respect to the performance or non-performance of services or any information or merchandise that appears on, or is linked in any way to Ketu Software’s services. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to client. Without limiting the foregoing, under no circumstance shall Ketu Software Pvt. Ltd. be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning. KETU SOFTWARE’S full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Ketu Software Pvt. Ltd.
29. Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against Ketu Software Pvt. Ltd., its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against Ketu Software Pvt. Ltd. in Client’s individual capacity and not as a member of a class.
30. Client agrees to defend, indemnify and hold harmless Ketu Software Pvt. Ltd., its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through Ketu Software’s services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by Ketu Software Pvt. Ltd. or from Client’s breach or violation of this Agreement, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless Ketu Software Pvt. Ltd., its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc. made between Client and third parties, or arising from or related to Client’s negligence toward third parties.
31. Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If Client chooses to send request by email or facsimile, a copy of the request must also be sent by mail as confirmation of the request.
32. Client specifically agrees not to engage in negative comments or slander regarding Ketu Software Pvt. Ltd., including but not limited to publishing, or causing to be published, complaints or derogatory comments regarding Ketu Software Pvt. Ltd. in any format, including but not limited to, print, newspaper, television, radio or on internet complaint sites, blogs or other public internet forums. Should there be a breach of this condition Ketu Software Pvt. Ltd. will be entitled to liquidate damages in the amount of $1,500.00 for each publishing or posting. If said breach occurs on an internet complaint site each instance to that website or Software Application will be considered an individual breach of this condition, and subject to additional liquidated damages of $100 per occurrence. Further, Ketu Software Pvt. Ltd. shall be entitled to litigate this matter, and obtain the money damages, attorney fees and costs together with injunctive relief. Ketu Software Pvt. Ltd. reserves the right to terminate any account for any negative postings made by the account owner or its representatives, or employees.
33. In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms. The failure by Ketu Software Pvt. Ltd. to avail itself of any right or enforce any obligation of this agreement shall not be deemed to be an ongoing waiver of such right or obligation or of any other right or obligation.
34. This agreement shall be governed exclusively by the laws of the State of Maharashtra, India, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within the State of Maharashtra.
35. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of this Agreement). Any modifications to this agreement must be in writing and signed by an authorized officer of Ketu Software Pvt. Ltd. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service. Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Ketu Software’s services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
