Updated on: 09th Dec 2016.
Effective Date: 09th Dec 2016.
By signing up for the Zaha Web Consultants account ("Service") or any of the services provided by Zaha Web Consultants ("ZWC"), you, the user, together with any company or other business entity you are representing, if any (collectively, "You"), are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new services or features which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://zaha.in/legal-terms/terms-of-service.html. Zaha Web Consultants reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms of Service, at any time. It is your responsibility to check the Terms of Service from time to time for any updates or changes that may impact you.
You will receive passwords to be used to log in to your Support Portal, Client Portal, server and/or certain Services. You are solely responsible for all passwords. You must keep all passwords confidential and take security measures to prevent them.
ZWC’s Service Level Agreement (SLA) outlines the performance you can expect from us. The SLA is your sole and exclusive remedy for Service disruptions covered by it.
The Services are provided to you as configured for our standard customer. We may update or upgrade the Services and/or any software installed on your account at any time with or without prior notification to you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use.
The Services are provided on as-is basis. The hardware configurations may vary. ZWC may replace your host server hardware, transfer it from one DataCenter to another, transfer your account to another server or modify certain software configurations when deemed necessary by ZWC. These differing configurations may result in slightly different performance from the Services.
The proprietary and third-party software we offer as part of the Service is provided as-is and is subject to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are in addition to those set out in this TOS. You must agree to those terms to use the software. If you fail to do so, your ability to use the Service may be affected. Terms and conditions incorporated by reference are listed in the respective sections of this TOS.
We provide certain Services designed to filter unwanted email. Email filtering will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and viruses. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our SLA.
If you terminate the Services, your domain may be pointed to a suspension page (Suspension Page).
You must be over the age of eighteen at the time you place your Order.
We are under no obligation to deliver any Services other than those identified in the Order.
You shall provide to ZWC, at your cost, any information, resources or facilities reasonably requested by ZWC for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with ZWC.
Any instructions supplied by you to ZWC must be complete, accurate and clearly legible. We reserve the right to charge for any costs and any additional work incurred by ZWC due to any failure by you to comply with this paragraph and shall not be liable for any errors caused by such failure.
For avoidance of doubt, the individual or entity set out as the Primary Contact during initial registration under our contacts is considered by us to be the owner of the account and all associated services (Account Owner). If you are the Account Owner and are administering the account on behalf of a third party, you agree to administer this account in their best interests and indemnify us, should an individual or entity claim that they own the account, or its content, or that your administration has not, or is not, in their interest.
Domain names are owned as set out in applicable ICANN rules. If you purchase a domain name on behalf of a third party, and a dispute arises regarding your administration of that domain name, you agree to pay all registration fees during the time the dispute is pending.
The individual or entity paying for the Services may not be considered to be the owner of the account. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
You are responsible for providing valid contact information and keeping your contact details up to date. If you fail to do so, ZWC accepts no liability in the event that it grants access to the account or gives ownership of the account to another person.
ZWC is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.
We may return part of a pre-paid Fee as Credit Note unless a refund is required by law. Credit Note amounts may only be used for future purchases and/or renewals of ZWC services. Unless we specify otherwise, ZWC Credit Note amounts cannot be refunded.
Termination & Cancellation
Termination by ZWC
ZWC may terminate this TOS if
- You fail to pay any sums due (including Fees) to ZWC as they are due;
- In ZWC’s reasonable opinion, you do not have sufficient technical expertise to use the Services without excessive ongoing technical support;
- ZWC determines in good faith that continued provision of the Service has become impractical or unfeasible for technical, legal, regulatory or any other material reason; or
- You violate this TOS or any agreement incorporated by reference.
Termination by You
It is important to understand that certain Services are bundled together. As a result, termination of the Services that provide hosting (Hosting Account) may result in immediate termination of multiple aspects of the Services. We may keep data from terminated accounts for a reasonable period after termination and provide you with access to that data upon request and availability. Space and backup (including data on Backup Services) are recycled. It is your obligation to ensure that you arrange to transfer anything you need from the Services prior to termination. We have no obligation to forward e-mail following termination.
All support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in this TOS. While we will use reasonable efforts to provide technical support to you and to perform any work you request in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right to refuse to provide technical support to you if your use of technical support exceeds that of similarly situated customers, or if you are verbally abusive to our employees or contractors. We may refuse to perform any request that requires changes not compatible with the Services or is not related to them or might create a security risk or endanger their performance.
Although we ensure to take safe measures while we support you, it is your obligation to perform and store a backup of your data and files prior to requesting technical support. In the event that you are not satisfied with the outcome of any technical support, it is your obligation to restore your files and data from your own backup.
Intellectual Property Rights and Other Consents
You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via, the Services (Objects). On becoming aware of any dispute between you and any other individual or organization regarding the Objects, ZWC reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.
Unless otherwise set out in this TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us in the form of trouble tickets or in another similar manner, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.
Representations and Warranties
You agree to indemnify, defend and hold harmless us, our parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of any of our policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term "you" as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.
Resolution of Disputes and Choice of Law
This Agreement and its interpretation hereunder and all suits and special proceedings hereunder shall be construed in accordance with the applicable Indian laws and any dispute arising shall be governed by the same. The District Courts in Karimnagar, Telangana, India shall have jurisdiction to try and decide any matter arising out of and related to this Agreement. The Parties unconditionally submit to the jurisdiction of Karimnagar District, Telangana, India, for settlement of any dispute or enforcement if any right under this Agreement.