Fibso Logic Pvt. Ltd., a Company incorporated under the provisions of the Companies Act 1956 ("Fibso Logic Pvt. Ltd.") have agreed to host the website(s)/ providing Application Services and Server Space to the customer under the following terms and conditions.
1. Warranty: Fibso Logic Pvt. Ltd. will provide such warranty/ performance guarantee as has been provided by HOSTING PROVIDER.
2. Contracting a Server: Fibso Logic Pvt. Ltd. will require a minimum time of 3 days to provide for the server space, once the order has been accepted and payment has been realized. During the set up period Fibso Logic Pvt. Ltd. will not be responsible for any inconvenience/ losses caused due to any delay in contracting such server space or services to the customer.
3. Content/image/Design/Concept: Content/Image/Design/Concept will provide by client ( owner of website/project) and Fibso Logic will not responsible for content/Image.
4. Software License and Rights: Operating System, Web Server software license and application Licenses granted during the contract period is non-transferable, non-exclusive license, to use the software in object code form only, for its internal needs, to be used solely on the hardware provided and solely in conjunction with the services. The client shall not make copies of software, de-compile, disassemble, modify or otherwise attempt to derive source code from the software, sell, lease, license, transfer, give possession of, or sub-license the software or the documentation to others, write to develop any derivative of other software programs based in the whole or in part, upon the software or any confidential information.
5. Services: Fibso Logic Pvt. Ltd. support team will provide the necessary support and services and you can contact us by email to firstname.lastname@example.org which will be promptly attended by the support team. Our support timings are 9.30AM to 5.30PM IST, Monday through Saturdays (excluding public and other listed holidays)
6. Price Change: Prices are subject to change without any prior notice, depending upon the pricing policies of Fibso Logic Pvt. Ltd., HOSTING PROVIDER, Foreign exchange rate fluctuation levels etc.
7. Maintenance and Support: Fibso Logic Pvt. Ltd. shall provide Customer with maintenance and support service for the server, if such service are specified in the purchase order and are paid for. Maintenance and support service shall not include services for problems arising out of improper use of the applications or incompatible browser(s) or problems pertaining to Internet access or others not covered in this agreement.
8. Terms of Termination: These terms of services shall commence on the effective date of release of the server space and application services and continue until terminated in accordance with this agreement. The term of Service Purchase order can be renewed 6 weeks prior to the end of the contract period along with the renewal charges.
Fibso Logic Pvt. Ltd. may immediately terminate the agreement and any or all service purchase orders at its sole discretion, if customer fails to pay the renewal charges within 6 weeks prior to the expiry of the "paid for period". Notwithstanding termination of these terms of services, Fibso Logic Pvt. Ltd. shall be entitled to claim payment in full of all amounts that may be due to it from the client. The term of any license granted hereunder shall expire upon expiration or termination of these terms of services.
9. Confidentiality: Confidentiality information shall mean all information identified by a party (Disclosing Party) to the other party (Receiving Party) which of in writing labeled as confidential. Confidential information shall remain the sole property of the Disclosing Party. Except for the specific rights granted by these terms of services, the receiving party shall not use any confidential information of disclosing party for its own benefit or the benefit of others. Receiving party shall not use any confidential information to any third party without the written consent of Disclosing Party (except to consultants who are bound by written agreements with receiving party to maintain confidentiality)
Confidential information shall exclude information
(1) available to the public other than by a breach of this agreement,
(2) rightfully received from a third party not in breach of an obligation of confidentiality.
(3) independently developed by the receiving party without access to confidential information.
(4) known to receiving party at he time of disclosure.
(5) produced in compliance with a court order. Receiving party shall give reasonable notice to the disclosing party that confidential information is being sought by third person, so as to afford an opportunity to limit or prevail such disclosure. Receiving party agrees to cease using all confidential information and to promptly return such confidential information to disclosing party upon request.
10. Limitation of Liability: Fibso Logic Pvt. Ltd.'s liability for any claim arising out of or relating to these terms of services or the provision of any service under service order shall be limited to the amount of fees paid by client to Fibso Logic Pvt. Ltd.'s for the un-expired service period only. In no event shall Fibso Logic Pvt. Ltd. be liable for any loss of data, loss of business, loss of opportunities or any other special or incidental loss relating to direct or indirect business of client. This limitation will apply even if Fibso Logic Pvt. Ltd. has been advised of, or is aware of the possibility of such damage.
11. Disclaimer of Warranties: Fibso Logic Pvt. Ltd. does not monitor or exercise control over the content of the information transmitted through its facilities. Use of the services or any information that may be obtained there-from is at customer's own risk. The services are provided on an "as is" basis, and customer's use of the services is at its own risk.
Fibso Logic Pvt. Ltd. specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this agreement, any written material by Fibso Logic Pvt. Ltd. or information of Fibso Logic Pvt. Ltd. website shall be for information purposes only and, whether delivered or disseminated before or after the date of these terms of services shall not create any express or implied warranty, guarantee of performance or contractual obligations on Fibso Logic Pvt. Ltd..
Fibso Logic Pvt. Ltd. does not and cannot control the flow of information to or from Fibso Logic Pvt. Ltd.'s network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt customer's connections to the Internet (or portions thereof). Fibso Logic Pvt. Ltd. cannot guarantee that such events will not occur. Accordingly Fibso Logic Pvt. Ltd. disclaims any and all liability resulting from or related to such events.
12. User content and conduct : By using the services provided by Fibso Logic Pvt. Ltd.., the customer explicitly confirms acceptance to the "Terms and Conditions" of HOSTING PROVIDERS as covered under hosting provider website Fibso Logic Pvt. Ltd. will not be responsible for any action taken by HOSTING PROVIDERS against any client who contravenes this policy.
Governing Law and Forum: All disputes arising out of or related to these terms of service or service order the parties irrevocability consent to the exclusive jurisdiction of the Courts at Delhi in India.
Indemnification: Client shall defend, indemnify and hold harmless Fibso Logic Technology from and against all liabilities, judgments, claims, damages, settlements, expenses and costs (including reasonable attorney's fees, litigation expenses) arising out of or relating to any breach of these of service by client. Client and Fibso Logic Technology will promptly notify each other upon receipt of any third party claim or legal action arising out of or relating to these terms of service.
Assignments: Customer may not assign these terms of services in whole or in part either voluntary or by operation of law and any attempt to do shall be void and default of this agreement.
Entire agreement and waiver: These terms of Service constitute the entire agreement between Fibso Logic Pvt. Ltd. and client with respect to the subject matter hereof. All prior agreements representations and statements with respect to such subject matter are superseded. Any failure of either party to exercise or enforce its rights under these terms of services shall not act as a waiver of subsequent breaches.
Substitution: Fibso Logic Pvt. Ltd. may substitute changes or modify the software or hardware at any time but shall not thereby substantially after the technical parameters of the services.
Exceptions: Fibso Logic shall not be responsible for service failures/deficiencies of services caused by or associated with:
a. circumstances beyond HOSTING PROVIDER reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
b. failure of access circuits to the HOSTING PROVIDER Network, unless such failure is caused solely by HOSTING PROVIDER;
c. scheduled maintenance and emergency maintenance and upgrades;
d. DNS issues outside the direct control of HOSTING PROVIDER;
e. issues with FTP, POP, IMAP, or SMTP customer access;
f. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Rimus's Terms and Conditions and Acceptable Use Policy;
g. e-mail or webmail delivery and transmission;
h. DNS (Domain Name Server) Propagation.
i. outages elsewhere on the Internet that hinder access to your account. HOSTING PROVIDERS is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. HOSTING PROVIDERS will guarantee only those areas considered under the control of HOSTING PROVIDERS: HOSTING PROVIDERS server links to the Internet, HOSTING PROVIDERS routers, and HOSTING PROVIDERS servers.
14. NOTICE: All notice hereunder shall be valid only if served in the following address: Fibso Logic Pvt. Ltd.