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Updated on: 09th Dec 2016.
Effective Date: 09th Dec 2016.
Terms of Use
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.
Basic Terms
You are responsible for obtaining any licenses or permissions from any third party which are required to upload content to the Services.
Your personal information is treated in accordance with our Privacy Policy.
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.
When your account is activated, we may place an “website coming soon” page to which your domain points (Index Page). You may disable this Index Page at any time.
If you terminate the Services, your domain may be pointed to a suspension page (Suspension Page).
Orders
No Order shall be deemed to be accepted by us until we provision your account. The date on which we provide notice to you that the account is provisioned is the Effective Date of this Agreement. The Initial Term of the Services is set out on your Order (Initial Term). Upon the expiration of the Initial Term, we shall renew your services as described in our Renewal Policy.
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.
Account Ownership
Your contact information is set out in the “My Account Details” under Home section of Client Portal.
If you, on behalf of another person or entity, create an account, you warrant that you will administer the account in good faith, and will indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to the End User and result in any claim against us.
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.
Payment
Invoices are due immediately upon receipt (Due Date). ZWC reserves the right to suspend the Services until payment is made. Domain name registration Fees must be paid in full before your domain name registration will be processed. Domain name registration Fees are not refundable.
If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your bank/credit card company, prior to notifying us of the dispute, and initiate a "chargeback" based on this dispute, we will charge you for investigation and processing. This compensates us for the investigation your card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended during bill disputes. To reactivate your Services, you must first pay all outstanding Fees.
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
Either party may terminate this TOS upon written notice to the other if one party materially breaches any terms of this TOS and the breaching party fails to correct the breach within ten days following the other party's written notice, or immediately, if the breach is incapable of cure.
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.
We may terminate a particular account, or aspect of the Services, if a Third Party ceases to make components of the Service available to us, or if providing them to you becomes cost prohibitive.
Termination by You
You may terminate the Services at any time through the support portal. We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). If you do not complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will still be charged. You must follow this procedure in order to terminate each Service. Once you complete a Cancellation Request, we will process it accordingly.
You acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any applicable rules or policies, including, but not limited to: (i) the UDRP; (ii) any ICANN adopted policy; (iii) any registrar (including ZWC) or registry administrator procedures; or (iv) any other ccTLD registry administrator procedures.
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.
Support
Our support is available for all current customers and is provided on an as-is, as available basis. If your request for technical support exceeds that of similarly situated customers or is within the scope of our paid support and development services, we may charge you additional support fees with your consent.
If you request technical support, you agree that we may have full access to all aspects of the Services accessible to us based on your request. You are solely responsible for any changes you make to your account after we complete your request.
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
ZWC retains ownership of all intellectual property rights in the Services. ZWC grants to you a limited license to access and use the Services. All trademarks, product names and company names or logos used by ZWC are ZWC's property or the property of their respective owners. No permission is given by ZWC to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner's rights.
If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all "Required Licenses." "Required Licenses" means any licenses, consents or approvals required to use software, hardware and other items whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.
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 represent and warrant that (i) you have the experience and knowledge necessary to use the Services; (ii) you and your End Users understand and appreciate the risks inherent to you and your business that come from accessing the Internet; (iii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them; (iv) you will not violate any applicable laws and/or regulations in your use of the Services; (v) you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services; (vi) you will make backup copies of all information in a location independent of ours, and will not use Backup Services as your sole backup; and (vi) you will pass through the terms of this TOS, and any agreements incorporated by reference, to your End Users.
We make no warranties, and any implied warranties are expressly disclaimed. The service(s) is provided as-is. Your use of the service(s) is at your own risk. We do not make, and hereby disclaim, any and all other express and/or implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, title, and any warranties arising from a course of dealing, usage, or trade practice. Without limiting the generality of the foregoing, we do not warrant that the service(s) will meet any or all of your expectations; will operate in all of the combinations which may be selected for use by you; or that the operation of the service(s) will be uninterrupted, error-free or completely secure. No employee or agent is authorized to make any warranty on our behalf.
Liability Limitations
You agree that, to the maximum extent permitted by applicable law, you will not under any circumstances including, but not limited to, negligence, hold us or our licensors, agents, employees, officers and/or third party vendors liable for any indirect, incidental, special, consequential or punitive damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party. You agree that the foregoing limitations apply whether in an action in contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages.
IN NO EVENT, WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER AGREEMENT OR DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY.
Security
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.
Confidentiality
Both you and ZWC undertake not to disclose to a third party any confidential information which you or ZWC receive relating to the contents or performance of this TOS, unless necessary for a party to perform their obligations under this TOS, the Services or the other party's business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other party, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person.
If a law or regulation compels disclosure of information held by us, we are required to respond. Unless notifying you is prohibited by the law, or a reasonable interpretation of that law, we will use reasonable efforts to contact the Account Owner. We are not required to respond to demands by you that we provide information about your account as part of litigation. However, if we agree to do so, we will charge you administrative hourly fee for each hour we spend responding to your request. You will also be charged the fees we are charged by our attorneys in responding to your request.
Notices
Any notice to be given by either party to the other may be sent by email, support ticket, if (i) to you, the Account Owner; or (ii) to us. In addition, we may communicate with you using the Support ticketing system facilitated by our Support Area. Notices of support tickets opened on your behalf are sent to you by email and shall be deemed received upon sending.
You are required to provide notices to us about the Services through the Support Area. We will provide notices to you using the information you provide to us in the "My Account Details" section of the Client Portal. We have no responsibility for misdirected notices based on your failure to provide correct information.
Resolution of Disputes and Choice of Law
Any dispute, controversy or claim arising under this TOS shall be resolved in accordance with the procedures set forth in this Section.
In the event of a dispute between the parties relating to this TOS, each of the parties shall appoint a designated representative who has authority to settle the dispute and who is at the "C" level or above. This appointment will take place no later than five business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute.
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.
