|
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and Calltel
Infotech Pvt Ltd regarding your use of Calltel Infotech Pvt Ltd's
computer, interactive information, communication and server
management service. This Agreement governs the terms and
conditions under which Calltel Infotech Pvt Ltd makes the services
offered by Calltel Infotech Pvt Ltd available to individual
consumers through a personal computer or similar access, or to
individual consumers or small businesses in connection with the "
Calltel Infotech Pvt Ltd " web hosting or similar services. Under
this Agreement, you must comply with Calltel Infotech Pvt Ltd 's
then current "Acceptable Use Policy," as updated from time to time
by Calltel Infotech Pvt Ltd, which can be viewed at Calltel
Infotech Pvt Ltd/aup.htm. PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY.
1. Calltel Infotech Pvt Ltd will host an account for you, the
Hirer (hereafter referred to as the Account Holder), for the
Account Holder's chosen domain name, for the period of time (the
Term) corresponding with the payment plan chosen by the Account
Holder. This contract shall be renewed at the end of the Term and
each successive renewal term, unless terminated. Till the time the
Account Holder has not paid for the invoice/s raised by Calltel
Infotech Pvt Ltd, the services rendered by Calltel Infotech Pvt
Ltd shall be provisional and liable to be withdrawn at the sole
discretion of Calltel Infotech Pvt Ltd without giving any notice
in any form. The invoice raised is to treated as notice.
2. Calltel Infotech Pvt Ltd's services are provided on an as is,
as available basis without warranties of any kind, either express
or implied, including, but not limited to, warranties of
merchantability, fitness for a particular purpose or
non-infringement. Calltel Infotech Pvt Ltd expressly disclaims any
representation or warranty that the Calltel Infotech Pvt Ltd
services will be error-free, secure or uninterrupted. No oral
advice or written information given by Calltel Infotech Pvt Ltd,
its employees, licensors of the like, will create a warranty; nor
may you rely on any such information or advice. The terms of this
Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related
electronic services can only be used for legal purposes under all
applicable international, federal, provincial, and municipal laws.
Further, the Account Holder agrees not to store, transmit, link
to, advertise or make available any images/ material/ content
containing pornography or any other thing which is objectionable/
prohibited. Violations of these or any other provisions of this
Agreement may result in termination of the services provided by
Calltel Infotech Pvt Ltd, with or without the grant of a notice or
cure period, such notice or cure period to be granted at the sole
discretion of Calltel Infotech Pvt Ltd based upon the severity of
the violation. Calltel Infotech Pvt Ltd reserves the right to
refuse service if any of the content within, or any links from,
the Account Holder's website is deemed illegal, misleading, or
obscene, or is otherwise in breach of Calltel Infotech Pvt Ltd's
then current Acceptable Use Policy, in the sole and absolute
opinion of Calltel Infotech Pvt Ltd. Notwithstanding anything in
this Agreement, the content of the Account Holder's website is the
sole responsibility of the Account Holder. The Account Holder
agrees to indemnify and hold harmless Calltel Infotech Pvt Ltd
from any and all claims, losses, damages, liabilities, judgments,
or settlements, including reasonable attorney's fees, costs, and
other expenses incurred by Calltel Infotech Pvt Ltd,
(collectively, Claims) related to or in connection with the
content of the Account Holder's website. The terms of this Section
will survive any termination of this Agreement.
4. Calltel Infotech Pvt Ltd reserves the right to change, at any
time, the prices charged to the Account Holder for the services
provided by Calltel Infotech Pvt Ltd, if the charges raised have
not been paid or on the expiry of the paid period.
5. The Account Holder agrees to follow generally accepted rules of
"Netiquette" when sending e-mail messages or posting to
newsgroups. Account Holder is responsible for security of its
password. Calltel Infotech Pvt Ltd will not change passwords to
any account without proof of identification, which is satisfactory
to Calltel Infotech Pvt Ltd, which may include written
authorization with signature. In the event of any partnership
break-up, divorce or other legal problems that includes Account
Holder, Account Holder understands that Calltel Infotech Pvt Ltd
will remain neutral and may put the account on hold until the
situation has been resolved. Under no circumstances will Calltel
Infotech Pvt Ltd be liable for any losses incurred by Account
Holder during this time of determination of rights as Hirer, or
otherwise. The Account Holder agrees to indemnify and hold
harmless Calltel Infotech Pvt Ltd from any and all Claims arising
from such ownership disputes. The terms of this Section will
survive any termination of this Agreement.
6.
Calltel Infotech Pvt Ltd will not be responsible for any kind of
damages in POP3 accounts as Calltel Infotech Pvt Ltd give this
POP3 Facility free of cost or optional with web space. Customer
will be responsible in case Addition, deletion or
modification in mails or accounts. Calltel Infotech Pvt Ltd does
not keep record of Mail's password.
7. The Account Holder agrees not to harm Calltel Infotech Pvt Ltd,
its reputation, computer systems, programming and/or other persons
using Calltel Infotech Pvt Ltd's services. Calltel Infotech Pvt
Ltd reserves the right to select the server for Account Holder's
website. The Account Holder understands that the services provided
by Calltel Infotech Pvt Ltd are provided on a shared server. This
means that one website cannot be permitted to overwhelm the server
with heavy CPU usage, for example from the use of highly active
CGI scripts or chat scripts. If in opinion of Calltel Infotech Pvt
Ltd, the Account Holder's website overwhelms the server and causes
complaints from other users, the Account Holder has outgrown the
realm of shared servers, and will need to relocate it's website.
If the Account Holder refuses to comply, then Calltel Infotech Pvt
Ltd has the right to withdraw and terminate the services provided
to the Account Holder. The Account Holder agrees to indemnify and
hold harmless Calltel Infotech Pvt Ltd and any other Account
Holder from any and all Claims resulting from the Account Holder's
use of the services provided by Calltel Infotech Pvt Ltd The terms
of this Section will survive any termination of this Agreement.
8. The Account Holder's rights and privileges under this Agreement
cannot be sold or transferred without the prior written consent of Calltel Infotech Pvt Ltd.
9. If the Account Holder sells or resells advertising or web space
to a third party then the Account Holder will be responsible for
the contents of that advertising and the actions of that third
party. Calltel Infotech Pvt Ltd has the absolute right to reject
any advertising or other third party content that is illegal,
offensive or otherwise in breach of the then current Calltel
Infotech Pvt Ltd Acceptable Use Policy. The e-mail distribution by
the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED
COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder
refuses to remove any advertising or other third party content
deemed objectionable by Calltel Infotech Pvt Ltd / Webmaster/ any
authority, Calltel Infotech Pvt Ltd shall terminate the services
being provided to the Account Holder.
10. Calltel Infotech Pvt Ltd will use its best efforts to maintain
a full time Internet presence for the Account Holder. The Account
Holder hereby acknowledges that the network may, at various time
intervals, be down due, but not restricted to, utility
interruption, equipment failure, natural disaster, acts of God, or
human error. In no event shall Calltel Infotech Pvt Ltd be liable
to the Account Holder for any damages resulting from or related to
any failure or delay of Calltel Infotech Pvt Ltd in providing
access to the Internet under this Agreement. In no event shall
Calltel Infotech Pvt Ltd be liable to the Account Holder for any
indirect, special or consequential damages or lost profits arising
out of or related to this Agreement or the performance or breach
thereof. The aggregate, total liability of Calltel Infotech Pvt
Ltd under this Agreement, if any, shall in no event or
circumstance exceed the total amount actually paid by the Account
Holder hereunder. The terms of this Section will survive any
termination of this Agreement.
11. This Agreement applies to all accounts, sub-accounts, and
alternative account names associated with your principal account.
The Account Holder is responsible for the use of each account,
whether used under any name or by any person, and for ensuring
full compliance with this Agreement by all users of that account.
A Calltel Infotech Pvt Ltd account shall not be transferred
without prior written approval from Calltel Infotech Pvt Ltd The
Account Holder is responsible for maintaining the confidentiality
of his/her password. In the event of a breach of security through
the Account Holder's account, the Account Holder will be liable
for any unauthorized use of the Calltel Infotech Pvt Ltdservices,
including any damages resulting there from, until the Account
Holder notifies Calltel Infotech Pvt Ltd 's customer service.
12. If Calltel Infotech Pvt Ltd assigns the Account Holder an
Internet Protocol address in connection with the Account Holder's
use of the Calltel Infotech Pvt Ltd services, the right to use
that Internet Protocol address will remain with and belong only to
Calltel Infotech Pvt Ltd, and the Account Holder will have no
right to use that Internet Protocol address except as allowed by
Calltel Infotech Pvt Ltd in its sole and absolute discretion.
13. This Agreement constitutes the entire agreement between the
Account Holder and Calltel Infotech Pvt Ltd with respect to the
Calltel Infotech Pvt Ltd services and supersedes all prior
agreements (oral or written) between the Account Holder and
Calltel Infotech Pvt Ltd. Calltel Infotech Pvt Ltd's failure to
enforce any provision of this Agreement shall not be construed as
a waiver of any provision or right. In the event that a portion of
this Agreement is held unenforceable, the unenforceable portion
will be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties, and
the remainder of the provisions will remain in full force and
effect. The terms of this Section will survive any termination of
this Agreement.
14. The parties shall attempt to resolve all disputes arising out
of this Agreement in a spirit of cooperation and with a
problem-solving mindset, without formal proceedings. Any dispute
or difference, which cannot be so resolved, arising between the
parties out of or relating to the construction, meaning, scope,
operation or effect of this contract or the validity or the breach
thereof shall be settled by arbitration in accordance with the
Rules of Arbitration of the Indian Council of Arbitration and the
award made in pursuance thereof shall be binding on the parties.
Arbitration shall take place in New Delhi, India. Should any legal
action permissible under this Agreement be instituted to enforce
the terms and conditions of this Agreement, in particular the
right to collect money due on unpaid invoices, the prevailing
party shall be entitled to recover reasonable attorney's fees and
expenses incurred at both the trial and appellate levels. The
terms of this Section will survive any termination of this
Agreement.
15. The Account Holder agrees to indemnify and hold Calltel
Infotech Pvt Ltd harmless from any and all Claims resulting from
or connected with any activities conducted by the Account Holder.
The Account Holder and Calltel Infotech Pvt Ltd will promptly
notify the other upon receipt of any Claim or legal action arising
out of activities conducted pursuant to this Agreement. The rights
and responsibilities established in this paragraph will survive
any termination of this Agreement.
16. Calltel Infotech Pvt Ltd may include the Account Holder's name
and contact information in directories of Calltel Infotech Pvt Ltd
service subscribers for the purpose promoting the use of the
services by additional potential clients.
17. The interpretation and enforcement of this Agreement shall be
governed according the laws of the State of New Delhi. The Account
Holder hereby consents to personal jurisdiction in the courts of
New Delhi, India for any action arising out of or relating to the
Account Holder's use of the Calltel Infotech Pvt Ltd services. The
courts of New Delhi, India will have exclusive jurisdiction over
all such actions. In any such action, the prevailing party will be
entitled to recover all legal expenses incurred in connection with
the action, including but not limited to its costs, both taxable
and non-taxable, and reasonable attorney's fees. The terms of this
Section will survive any termination of this Agreement.
18. Notices required by this Agreement shall be in writing and
shall be delivered either by personal delivery or by mail. If
delivered by mail, notices shall be sent by any express mail
service; or by certified or registered mail, return receipt
requested; with all postage and charges prepaid. All notices and
other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, or
as specified by subsequent written notice delivered by the party
whose address has changed. |