By submitting a credit card on the order form, Customer agrees that all monthly or yearly hosting fees are recurring. The Customer agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees.
The Company reserves the right to terminate this agreement, and to delete the Web site from its hardware, immediately upon the occurrence of any of the following events:
a.) Non payment of any charges due from Customer;
b.) Breach of any term or condition of this agreement by Customer;
c.) Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Web site, whether or not such suit names the Company as a party or seeks and recovery from the Company.
d.) Payment for any charges is due upon the date of the invoice.Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Any charge that is not paid within thirty (30) days from the date of the invoice shall be subject to an interest rate of 1.5% per month, or the maximum allowed by law. Customer shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for nonpayment of any amounts due the Company.
e.) Customer agrees that cancellation of service is not valid or accepted unless submitted via Company's prescribed method of cancellation, and until customer is in receipt of confirmation from Company that cancellation is accepted. Customer agrees that default, non-payment or reversal of payment does not constitute cancellation of service, nor reduce the balance due on any amounts outstanding.
* 99.9% Uptime Guarantee
At Advanced Infotech (Host4asia.com) we use only top quality servers, switches, and routers. As a result of our high standards when it comes to hardware within our own servers and facilities that are under our own control, engagement and management, we guarantee that our network will be up and functioning 99.9% of the time in each month.
We are not responsible for outages or circumstances beyond our control that hinder access to your site or server such as :
Traffic conditions on the Internet
DDoS or other attacks
Browser or DNS caching
An outage from an upstream facility outside of our network
Occasionally, servers and systems must be brought down for routine maintenance and upgrades to ensure that your site will function in optimal performance. However, we strive to keep such service interruptions to a minimum and when possible, give you advance notice of any scheduled maintenance. Scheduled service outages do not qualify for this guarantee!
Additionally, this guarantee is your remedy for any unscheduled downtime of more than one tenths of one (0.1%) percent per month. We will provide a credit in the amount of one(1) day for every hour that your domain or server is unreachable due to a network or equipment failure. Downtime must be confirmed by a staff member in our support system. Maximum credit given will be for one(1) free month of hosting or Rs. 1500/-, whichever is less. The credit will be applied to your invoice on your next due date.
1 AGREEMENT In this service Agreement ("Agreement") you and your refer to each customer, we, us and our refer to Advanced Infotech. (hereinafter referred to as 'Host4asia') and services refer to the web hosting service provided by us. This Agreement explains our obligation to you and explains your obligation to us for web hosting service. By using the services under this Agreement, you acknowledge that you have read and agree to be bound by all the terms and conditions of this Agreement and any pertinent rules or policies that are or may be published / mailed by us.
2 SERVICES ''Host4asia'' has agreed to provide Web Hosting services to the ''Client'' on receipt of fee as applicable on the date of applying for the service, renewal, etc
3 FEES, PAYMENT AND TERM As consideration for the services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Web Hosting Agreement ("Agreement"), represents that the statements in its application are true and so far as the Registrant is aware, does not interfere with or infringe upon the rights of any third party. The Registrant also represents that the Web hosting is not done for any unlawful purpose. All payments are to be made in favour of "Advanced Infotech." payable at New Delhi and is to be sent at the mailing address as mentioned in this Agreement by courier/registered post. No outstation cheques are accepted. In case payment is made by Credit Card then the registrant is required to send at the sole discretion of 'Host4asia', where it deems fit a Confirmation Letter duly signed by him through fax/courier/registered post. 'Host4asia' reserves the right to stop the services, in case the confirmation letter as required is not received back within 10 days of allotment of Order ID Number. Your requested space for web hosting will not be booked in our server unless we receive actual payment of the registration or renewal or reasonable assurance of payment of the registration or renewal from some other entity (such reasonable assurance as determined by 'Host4asia' at its sole discretion). In the event of a charge back by a credit card company or dishonor of cheque / demand draft in connection with your payment of the registration or renewal fee, you acknowledge and agree that the 'Host4asia' can stop providing the services relating to Web hosting unless it receives the due payment along with the administrative charges. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee. We will try to notify thirty (30) days prior to when a renewal fee is due (We owe no responsibility if we fail to notify prior to due date. You are requested to make the payment as and when due and further request not to rely on our mail for reminding you to make the payment). Should a renewal fee go unpaid within the time specified regarding renewal, the registration will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration, we will contact you to update this information and charge you accordingly. In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as " intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by 'Host4asia'. due to non payment of dues or any other reason attributable to you do not amount to Hacking under Section 66 of the Information Technology Act, 2000. All payments should be made through Cheque/Bank draft favoring 'Advanced Infotech.' payable at New Delhi. The payments are required to be paid in advance other wise 'Host4asia' would not proceed with providing of its Services. No outstation cheques are accepted. 3A. TERM AND TERMINATION: a) The term of this Agreement shall begin on the date of signing of this Agreement and shall continue in effect till the final delivery of the service. b) The ‘‘Client’’ can terminate the service/s provided/to be provided by ‘‘Host4asia’’ by giving a prior 30 days notice. c) In case of termination of contract initiated by the ‘‘Client’’, the ‘‘Client’’ is required to settle the full payment for the engagement period fees and other incidental expenses incurred by us. d) ‘ ‘Host4asia’’ can terminate the services provided/to be provided to the ‘‘‘Client’’’ if ‘‘Client’’ becomes insolvent, delinquent, unable to pay its debt or violates any term/s and condition/s of this Agreement.
4 CLIENT COVENANTS We cannot check to see whether the web site hosted by you in our server infringes legal rights of others. We urge you to investigate and ensure that web site hosted by you do not infringe the legal right of others. During the period that ''Host4asia'' provides Web Hosting service, ''Client'' shall not distribute on the website any content that: a) infringes on the intellectual property rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation; (c) is defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (d) is obscene, pornographic or indecent; or (e) contains viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information. (f)Under no circumstances unsolicited message/s of communication in any form (SPAM) shall be sent by the client to any third party. Neither shall the client send any communication to any of its client which is not desired by him, if we receive any complaint from any third party that they have received unsolicited communication, then we shall terminate the services immediately, without giving any notice. If the service is terminated due to SPAMMING, then we shall not be liable for any damages neither shall be refund any amount received towards service fee. Host4asia shall terminate the services immediately without assigning any reason if the client does not follow the client covenants as stated above.
5 INDEMNITY: . 'Client' shall indemnify, defend and hold ''Host4asia'' harmless against any third party claim, action, suit or proceeding alleging any breach of the 'Client Covenants' as stated in clause 4 or arising from errors or inaccuracies in the content. 'Client' shall indemnify ''Host4asia'', its officers, directors, employees, agents or its affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred by 'Host4asia' as a result of a judgment entered against 'Host4asia' in any such claim, action, suit or proceeding. Host4asia can stop providing the services to the Client on received of complaint by the third party regarding the violation of Client Covenants.
6 CONFIDENTIAL INFORMATION Information considered proprietary or confidential by either 'Host4asia' or ''Client'' which is delivered or disclosed pursuant to or in connection with this Agreement and identified as such by the disclosing party ("Confidential Information") shall be used solely for the purposes of this Agreement and shall not be otherwise disclosed without the prior written consent of the disclosing party. Confidential information will be kept in confidence and protected from disclosure to unauthorized persons to the same extent the receiving party protects its own confidential information, but in no event shall be liable for the disclosure or use of proprietary information which is publicly known, other than by breach hereof; is obtained without restriction by the recipient on a non-confidential basis from a third party lawfully possessing and lawfully entitled to disclose such information; is previously known by the recipient; is at any time, developed by recipient independently of any disclosures hereunder; or, is required to be disclosed by a governmental entity having jurisdiction over the recipient. If either party is required to disclose any proprietary information of the other party, it shall provide notice thereof to the other party in a timely fashion so that the other party may avail itself of any procedures or remedies to protect or avoid such disclosure.
7 LIMITATION OF LIABILITY a) Notwithstanding anything contained herein to the contrary, 'Host4asia' shall not be liable to the ''Client'' or any third person for any delay or default in performing its obligations hereunder is caused by force majeure, such as wars or insurrections, riots, acts of governments, riots, strikes, work stoppages, labour troubles, fire, explosions, earthquake, flood, embargoes and/ or inability to obtain materials, acts of God, electricity failure, telephone disruption, policy change by Government of India/Department of Telecom/other related department or other cause outside the reasonable control of ''Host4asia''. ''Host4asia'' and its officers, directors or employees shall not be liable in any event for loss of anticipated profits, loss by reason of shutdown, or interruption of service or other consequential loss or damage of any nature arising from any cause whatsoever even if 'Host4asia' has been advised of the possibility of such damages. b) Under no circumstances aggregate liability payable by ''Host4asia'' will exceed the total fee received from the ''Client'' under this Agreement.
8 OUT SOURCING The ''Client'' hereby agrees not to circumvent and engage any other independent contractor for rendering services similar to that agreed herein during the engagement period.
9 NON - SOLICITATION ''Client'' shall not hire or contract any of 'Host4asia''s employees for a period of two (2) year following the termination or cancellation of this Agreement. ''Client'' can not hire or contract any of the 'Host4asia''s employees during the period of this Agreement.
10 GENERAL A. DOMAIN NAME: If ''Client'' wishes to register a domain name for the web site, 'Host4asia' shall co-operate with ''Client'' in registering the domain name. ''Client'' shall be paying all fees for registration (both initial and annual) of domain name. As between ''Client'' and 'Host4asia', ''Client'' shall own all right, title and interest in and to the domain name. As part of the web hosting services provided under this Agreement, 'Host4asia' will provide Domain Name Server assistance. No representation or warranties are made by 'Host4asia' as to the DNS service provided to the ''Client'' under this Agreement (pursuant to the disclaimers stated in this Agreement) where ''Client'' arranges for a third party to provide DNS and/or E-Mail service. ''Client'' agrees to hold 'Host4asia' harmless from any errors made as a result of third party's management of the ''Client''s DNS and/or E-Mail service. If a third party provides DNS and/or E-Mail service for ''Client'', and ''Client'' needs additional services from Provider concerning ''Client''s DNS and /or E-Mail service, additional services will be provided by 'Host4asia' at 'Host4asia''s then hourly rate. Note: Our domain name terms and conditions shall govern Domain Name registration. You are requested to familiarize yourself with the domain terms and conditions as given in our site. B. PERFORMANCE: 'Host4asia' will not be responsible for refunding any fees paid by ''Client''. C. CANCELLATION OF WEB HOSTING SERVICE: Host4asia can terminate the services provided to the Client, if it is found by Host4asia that the Client is utilizing more than the sanctioned space. Upon the cancellation of the provision of the Website hosting service to ''Client'' or termination of this Agreement, 'Host4asia' shall: (i) replace the home page of the web site with a standard error message at no charge to ''Client''; (ii) upon ''Client'''s request, provide a forwarding address on the website for 'Host4asia''s standard fees Rs. 2,000.00 which shall be payable in advance; (iii) upon ''Client'''s request, provide to ''Client'' one copy of the website, in object code format for a fee of Rs. 5,000.00.which shall be payable in advance. If upon termination of this Agreement or cancellation of the provision of the website Hosting service to ''Client'', ''Client'' notifies 'Host4asia' that it wishes to transfer the hosting of the website to another company, 'Host4asia' shall promptly comply with the transfer request from the other company if ''Client'' is not then delinquent with respect to any amount payable under this Agreement. Upon payment to 'Host4asia' of the delinquent amounts, if any, 'Host4asia' shall promptly comply with the request. D. Modification: Host4asia at its sole discretion modify the service as provided. Host4asia at the time of renewal can at its sole discretion withdraw, reduce or continue with the additional services offered to the customers before.
11 AGENTS You agree that, if an agent for you (i.e and Internet Service Provider, Web design company, employee, etc) purchased our services on your behalf, you are nonetheless bound as a principal by all the terms and conditions herein. To the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
12 ANNOUNCEMENTS We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the internet.
13 DISCLAIMER OF WARRANTIES THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. 'Host4asia' DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.
14 GOVERNING LAW This Agreement will be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to jurisdiction to the National Capital Territory Region of Delhi.
15 SEVERABILITY Waiver, if any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver of either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
16 HEADING Heading used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement.
17 ASSIGNMENT The parties' rights and obligations will bind and inure to the benefit of their respective successors and assigns.
18 INDEPENDENT CONTRACTORS The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party shall have power to obligate or bind the other party. Personnel supplied by 'Host4asia' shall work exclusively for 'Host4asia' and shall not, for any purpose, be considered employees or agents of ''Client''. 'Host4asia' assumes full responsibility for the acts of such personnel while performing services hereunder and shall be solely responsible for their supervision, direction and control, compensation, benefits and taxes.
19 NOTICE Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the party shall specify in writing. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by registered mail or courier, postage prepaid, 5 days after the date of mailing Advanced Infotech EA-1/75, Second floor, Main Mrkt, Inder Puri, New Delhi-110012.
20 ENTIRE AGREEMENT This Agreement sets forth the entire understanding and Agreement of the parties and supersede any and all oral or written Agreements or understandings between the parties as to the subject matter of this Agreement. It can be changed only by a writing signed by both parties. Neither parties is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.
21 INFANCY You attest that you are of legal age to enter into this Agreement.
22 ACCEPTANCE OF AGREEMENT You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee or Statement other than as set forth in this Agreement.