|ALIGARH WEB SOLUTION SERVICE CONTRACT|
By the using our service and signing this agreement the customer hereby agrees to the terms and conditions set forth below.
Terms and Conditions
PART A. WEB SERVICE
The following are the services which Aligarh Web Solutions provides through various hosting and domain registering companies and are governed by the terms and conditions as set out by this Service Contract.
- HOSTING– Aligarh Web Solutions will provide hosting facilities via Various hosting and domain registering companies for the hosting of personal, commercial websites, email accounts and domain names for a service charge.
- Websites hosted through Aligarh Web Solutions gives us some ethical responsibility for the content of such pages.
- Websites hosted through Aligarh Web Solutions must conform to the regulations of govt. of India as set out for the service at our acceptable use policy
- The Hosting Policies are also governed by international laws and are subject to liabilities set out by such laws.
- DOMAIN REGISTRATION– Aligarh Web Solutions provides a Domain Name Registration Service through an affiliated company.
- This is an additional and independent service and will be treated as separate services, and in turn billed separately.
- The domain name is registered on behalf of the customers in the customer’s name and is owned by the customer.
- The customer is responsible to Domain Name Registration Authorities for any charges incurred through the use of this service.
- The customer is also responsible for the correctness of its information and is to inform Aligarh Web Solutions of any corrections needed to the information.
- The Domain Name and its information unless otherwise specified by the customer is managed by Aligarh Web Solutions on the customer’s behalf. Any changes to the domain name and its management/ information will be done via formal notice from the customer to Aligarh Web Solutions.
- SEARCH ENGINE REGISTRATION– Aligarh Web Solutions provides Search Engine Application Services through our affiliated Search Engine Registration Service.
- This is an additional and independent service and will be treated as separate service, and in turn billed separately.
- The service will be applied for on behalf of the customer and as such is liable to fees and conditions of this service.
- Aligarh Web Solutions does not take responsibility for dishonouring of warranty/ guarantees of the service acquired as a result of failure on the part of the affiliates.
- WEB DESIGN– Aligarh Web Solutions will provide a Web Design Service. This is an additional and independent service and will be treated as separated service.
- The service is subject to changes in/ additional prices as deemed necessary by parameters in accordance to service guidelines and procedures and service methodology.
- The customer is obligated to payment once it is agreed on by both parties that the service rendered is satisfactory and complete.
- Should the customer have a discrepancy with the service rendered or an additional request the customer must have this brought to the attention of or request amendments no later than 48 hours after completion of rendered service.
- SPECIALS– Where by the customer has obtained services from Aligarh Web Solutions through any promotion, special or incentive advertised the customer by signing this contract agrees to the service for at least one year.
- Should the customer decide to terminate this agreement/ service before the 1-year waiting period, then the full service charge(s) is payable whereby before the customer would have benefited.
- These charges become due and must be paid before termination is effective.
PART B. ACCEPTABLE USE POLICY
Services acquired by the customer from Aligarh Web Solutions gives Aligarh Web Solutions some ethical responsibility for the proper and appropriate use of these services. The following are the rules and guidelines of the use of these Services
- ALLOWABLE USE– Aligarh Web Solutions provides the services to be used for material and data to be placed on hosting company equipment is in a condition that is “server-ready”.
- Use of the services should be in accordance with the proper use of internet technologies and methods that the services have been created for.
- Use of the services other than for what it has been created for and intended use would be on the consensual guidelines stated by Aligarh Web Solutions and hosting company in which case Aligarh Web Solutions also exempts itself from possible liabilities as a result of this.
- The customer at circumstances may request administration rights for the management of the accounts web content/ information and on such circumstances Aligarh Web Solutions will not be responsible for any damage suffered by the customer, including but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by the customer’s own negligence or the customer’s errors or omissions. Should your account in anyway be damage, corrupted or suffers an inability to be active as a result of the above, the customer will be subject to pay Aligarh Web Solutions the sum of ₹1000/- to restore the account.
- ACCEPTABLE USE– Aligarh Web Solutions Web Services may only be used for lawful purposes. The following is a list of prohibited use of the services
- Any material/ information in violation of any international/ local, federal or state statute or regulation
- This includes, but not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
- The posting of copyrighted software without proper authorization (commonly referred to as Warez) and/or the posting of software access codes (commonly referred to as Cracks)
- Any illegal material, information or services deemed of a ‘pornographic/ adult’ nature.
- The exploitation and abuse of the services other than what the services were originally acquired for unless informed and consented by Aligarh Web Solutions for the purpose subjecting the customer to any additional provisions and liabilities as a result of this.
- The customer is subject to pay a fine of ₹5,000.00 to Aligarh Web Solutions for flagrant disregard of allowable use policies including sending unsolicited commercial e-mail, spam, or via discussion groups whose charter does not explicitly allow advertisements.
- ABUSE OF UNLIMITED DATA TRAFFIC– The term “Bandwidth” is defined as “The total additive amount of data transmitted from sites on hosting company’s ‘Hosting Servers’ that comprise a single billing group”. For billing purposes, this is considered monthly. The term “Unlimited Bandwidth” implies that the data transfer is not charged on a metered basis as long as it remains within reasonable expectations. Aligarh Web Solutions considers 3 Gigabytes a reasonable expectation for the servers. Accounts whose total Bandwidth is in excess of this expectation will be addressed on an individual basis. Aligarh Web Solution’s customers who are privileged to be offered unlimited traffic for their web sites, the intention of Aligarh Web Solutions is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be ‘linked’ with files (.GIF, .JPEG, etc.) stored on hosting company’s servers. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Aligarh Web Solutions management. Any customer who violates Aligarh Web Solution’s Policies in abusing site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allocated 2 day period, the client will be billed for the overages.
To maintain the integrity of our service the following limitations apply:
- Sites with Banners, graphic or cgi scripts running from their domain used on other domains.
- Sites with picture galleries (This is any site where 50% of the files transferred are graphics.)
- Sites offering download files or archives. (This is any site where 50% or more of their monthly traffic is from file downloads.)
- Sites using more than 10% of system resources.
- Aligarh Web Solutions will be the sole arbiter as to what constitutes a violation of this provision.
- RESPONSIBILITY FOR ACCOUNT USE– The customer is responsible for all use of his/ her account(s) and confidentiality of password(s).
- Aligarh Web Solutions will suspend or change access upon notification that the customer’s password has been stolen, lost or otherwise compromised.
- The customer shall be responsible for independent backup of their data/ information stored online.
- The customer is also responsible for the validity/ correctness of the accounts information as submitted by the customer and is obligated to formally inform/ update Aligarh Web Solutions of any change/ update/ modification of information within 15 business days of change.
- If the customer is less than 18 years of age, the application must be signed and these terms agreed to by a parent or legal guardian, who is responsible for all charges related to the use of the customer’s account(s).
- While Aligarh Web Solutions is committed to providing the most dependable/ efficient service the customer is required to inform Aligarh Web Solutions appropriately about any and every discrepancy or inefficiencies of the service/ account so as to immediately resolve the issue.
- UNAUTHOURISED USE OF THE ACCOUINT– Aligarh Web Solutions will strongly react to any use or attempted use of an account or computer without the owner’s authorization. Such attempts include “social engineering” (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks (ping-flooding, sending packets with an illegal packet size, UDP flooding, half open TCP connection flooding, etc.) and the like. Harassment or abusive use of email and other Internet services is a rare but serious misuse of Internet resources. Aligarh Web Solutions will handle incidents of harassment on a case-by-case basis, consulting with all parties involved. Any unauthorized use of accounts or computers by an Aligarh Web Solutions customer, whether or not the attacked account or computer belongs to Aligarh Web Solutions, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.
Any violation of these conditions may result in the account in question to be immediately suspended, terminated at the discretion of Aligarh Web Solutions not relieving the customer of any obligation to fulfil service charges and miscellaneous agreements and the enforcing of the appropriate penalties on the customer for such violations.
PART C. PAYMENT TERMS
The customer agrees to pay Aligarh Web Solutions all charges relating to use of account(s) according to rates and prices as stated according to the services’ pricing structure. The Customer is responsible for charges from the application date until the account is closed.
- Payments are billed either monthly, annually unless otherwise arranged and agreed upon by both parties with regard to the services.
- Each account is billed from the 1st day of the present month regardless of the signup day.
- Invoices are delivered either electronically, regular mailing methods via the customers contact information on the 1st working day of each month.
- Necessary billing information pertaining to the account in question and the customer will be made available to the customer upon request.
- Should there be any queries concerning the customer’s account’s invoice, the customer is required to make a formal query to Aligarh Web Solutions within 15 days of invoice date giving details of the query including supporting documents.
- The customer is obligated to fulfil his agreement towards payment for invoices not under query for service regardless of any present query or discrepancies of invoice or services acknowledged by Aligarh Web Solutions until the matter has been resolved and the appropriate resolutions to compensation if any taken.
- ADDITIONAL CHARGES– Apart from charges as charged per service the customer and the account is subject to miscellaneous charges resulting from circumstances which incur respective charges
- Aligarh Web Solutions will charge ₹500.00 for all returned cheques.
- A service charge of ₹250.00 will be assessed on late payments and will be billed for each outstanding invoice every month until the invoice is cleared.
- The customer is liable for any and all attorney fees, court costs, and collection agency fees or commissions IF Aligarh Web Solutions has to resort to these methods in order to collect debts owed to Aligarh Web Solutions. The customer is subject to pay Aligarh Web Solutions its reasonable expenses, including attorney fees, incurred in enforcing it rights under this agreement.
- The customer is subject to pay a fine of ₹5,000.00 for flagrant disregard of allowable use policies including sending unsolicited commercial e-mail, spam, or via discussion groups whose charter does not explicitly allow advertisements.
- Where some services involved metered items Aligarh Web Solutions applies the respective charges accordingly. These services include but not limited to server disk space, additional email accounts, add-on services/ features, and third party services.
In acquiring our service, the customer will have to complete forms for delivery of service. The customer is required to give valid contact information, (such as name and mailing address, email address. We also require a valid user’s I.D. (Recognized by Govt. of India) to provide validity of this information being submitted.
- Aligarh Web Solutions uses this information in a manner of interest of the account and the service acquired.
- Aligarh Web Solutions will use this information where it is required in the application for third party services. Where the customer has been signed-up for these particular services, the customer’s contact information will be used when necessary in order for the third party to provide these services and for any other purpose in the interest of the account for the service acquired. These third parties may not be allowed to use personally identifiable information except for the purpose of providing these services.
- Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process.
- EMAIL PRIVACY – Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their message unreadable by eavesdroppers. With regards to hosting company’s mail servers, Aligarh Web Solutions places a high value on privacy, and will only examine users’ email messages/ information in the event of resolving/ troubleshooting service delivery problems or being presented with a search warrant for the information. Where warranted Aligarh Web Solutions will be required to submit the customers email address in acquiring specific services.
PART E. TERMINATION
This agreement shall become effective on the date the service application is entered into Aligarh Web Solution’s system (no later than the end of on business day after receipt of application). Aligarh Web Solutions, as its sole discretion, may terminate this Agreement immediately or suspend your access to the servers upon any breach of this Agreement by you.
Aligarh Web Solutions may refuse to render service, or disconnect the existing service when the customer defaults in the payment of any invoice or part thereof by the due date shown on the invoice. In the event of disconnection or suspension, the subscriber shall pay in addition to the full amounts outstanding, a reconnection fee of ₹500.00 to have the service reconnected. Aligarh Web Solutions reserves all rights to withhold the transfer of any domain due to outstanding fees.
NOTE: Termination of service shall NOT relieve the Subscriber from any obligation to satisfy and clear outstanding invoices.
If the customer has registered the domain through Aligarh Web Solutions on termination the domain is removed from our system and transferred to the customer. The customer will now take full responsibility to maintain the domain. The customer should enquire as to domain expiry dates etc. as Aligarh Web Solutions will no longer monitor their expiration. On termination the website is deleted off our server, the client should request a copy of the website if he/ she wishes to retain a copy for himself.
PART F. TERMINATION BY SUBSCRIBER’S REQUEST
The subscriber may terminate the service by notifying Aligarh Web Solutions of his wish to terminate the account if so desired in writing giving notice to the company at least 30 days in advance. This notice does not relieve the Subscriber from any liability that has been incurred from the date of termination whether billed or not billed.
NOTE: If an annual payment was made to benefit from certain charges being waived, at the time of termination the unused portion of the Subscriber’s fees will be refunded less one (1) month penalty fee and at that point the waived charges will then be deducted.
PART G. BILLING QUERIES
Should there be any queries on your invoice, the Subscriber is required to notify Aligarh Web Solutions within 21 days of your invoice date in writing giving details of the query and shall pay the portion of the invoice not under query until his/her query has been resolved.
Aligarh Web Solutions shall not disconnect the Subscriber’s service until an investigation has taken place and the customer informed of the result via email/telephone/post.
NOTE: In addition to the above, any queries to website design and construction should be treated as a separate issue to Web Hosting. Your hosting account at all times needs to be current to be active.
PART H. EFFECT OF THIS AGREEMENT.
This agreement (which shall include the current and future Schedules hereto) represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. The acceptance of any purchase order placed by the customer is expressly made conditional on the customer assent to the terms set forth herein, and not those contained in your purchase order.
PART I. MODIFICATIONS OF TERMS AND CHARGES
Aligarh Web Solutions reserves the right to change rates or otherwise modify provisions of this Agreement by notifying you at least thirty (30) days before the effective date of the change, by written or online notice. Your use of Aligarh Web Solutions Web Services after such notice shall constitute your acceptance of the modifications to this Agreement.
PART J. SEVERABILITY
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other provisions will remain unaffected.
PART K. NOTICES
Except as otherwise provided herein, all notices hereunder shall be given in writing as follows:
ALIGARH WEB SOLUTIONS
#B-29, Silver Plaza,
Anup Shahr Road
ALIGARH U.P. INDIA
PART L. INDEMNITY CLAUSE
- Aligarh Web Solutions Limited assumes no responsibility for the unauthorized access by the customer or users to information of participating networks “hacking”, or any virus or harmful programs, which may be introduced by a customer or user, or for the use of information, received via the service.
- Aligarh Web Solution’s services hereunder is subjected to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial failure or labour disputes, inability to obtain necessary supplies and the like.
- LIMITATION OF LIABILITY – Neither Aligarh Web Solutions Limited, its officers, directors, employees or authorized agents shall be under any liability to the customer nor any other person for direct, indirect or consequential loss or damage (including, but not limited to lost profits or damaged or corrupted data) arising out of or in connection with the use of the service or any delay, failure or interruption of the service or in the use or performance of the software.
- Where Aligarh Web Solutions has given consent for the use of service for use other than what it has been intended the customer is allowed this use of service at his OWN RISK.