Casper Technology Services Pvt. Ltd. SERVICE AGREEMENT
Effective as of: January 1, 2018
- AGREEMENT. In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to Casper Technology Services Pvt. Ltd and "Services" refers to the Web Development, hosting or any related services provided by us as offered through Casper Technology Services Pvt. Ltd. This Agreement and the schedules and appendices hereto (which form an integral part of this Agreement) explain our obligations to you, and explain your obligations to us for various Services.
FEES. As consideration for the services you have selected, you agree to pay to us the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to:
- provide certain current, complete and accurate information about you as required by the registration process and
- maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You, by accepting this Agreement represent that the statements in your application are true.
- TERM. You agree that this Agreement will remain in full force during the length of the term of your Services. Should you choose to renew or otherwise lengthen the term of your Services, then the term of this Service Agreement will be extended accordingly. Subject to earlier termination as provided by this Agreement, this Agreement will remain in full force during the length of the term of your Services as selected, and paid for upon.
MODIFICATIONS TO AGREEMENT.You agree, during the period of this Agreement, that we may:
- revise the terms and conditions of this Agreement; and
- change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree to review our website, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by email or regular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate this Agreement are non-refundable except if we expressly advise you to the contrary in a schedule or appendix to this Agreement. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your Account Identifier and Password that are assigned when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. You are solely responsible for maintaining the confidentiality of your login name, account number or password. You must immediately notify us of any unauthorized use of your Account Identifier and/or Password and you are responsible for any unauthorized activities, charges and/or liabilities made on or through your Account Identifier and/or Password. In no event will we be liable for the unauthorized use or misuse of your Account Identifier and/or Password or security authentication option.
USE OF OUR SERVICE.The following actions may result in the immediate termination of your Service account without recourse and should NOT be done:
- sending unsolicited email messages that contain ANY email or web addresses from your account to online users,
- posting messages that contain your Service addresses in Usenet Newsgroups that are unrelated to your product or service(s) forging your "From" Address in an email message, or newsgroup posting, with your Service addresses, giving the impression that the message or posting originated from Casper Technology Services Pvt. Ltd or its affiliated sites. You agree to be bound by our Acceptable Use Policy, as appended hereto, and as we may amend from time to time in our discretion.
- ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
LIMITATION OF LIABILITY.You agree that our entire liability, and your exclusive remedy, with respect to any Service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such Service(s). Casper Technology Services Pvt. Ltd. and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the our services or for the cost of procurement of substitute services. Because some provinces or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces or countries, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to:
- loss or liability resulting from access delays or access interruptions;
- loss or liability resulting from data non-delivery or data mis-delivery;
- loss or liability resulting from acts of God;
- loss or liability resulting from the unauthorized use or misuse of your Customer Account ID or Password;
- loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement;
- loss or liability relating to the deletion of or failure to store e-mail messages;
- loss or liability resulting from the development or interruption of your service and/or Web site;
- loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized or unauthorized modification to your domain name record, or your agent's failure to pay any fees, including the initial registration fee or renewal fee; or
- loss or liability as a result of the application of the dispute resolution policy. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
- TRANSFER OF OWNERSHIP. The person named as Owner/Registrant at the time the controlling Account Identifier and Password are secured shall be the owner of the Services. You agree that prior to transferring ownership of your Services to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your Services will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determined by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
- BREACH AND TERMINATION. You agree that failure to abide by any provision of this Agreement, any operating rule or policy, including our Acceptable Use Policy, or the Dispute Resolution Policy as provided by the governing registry and outlined in an appendix hereto, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may deactivate/terminate your Service. Upon termination we will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by us, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs we incur in closing your account. You agree to pay any and all costs incurred by us in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. In addition to the terms set forth herein, certain services may have additional terms regarding termination, which are set forth in the applicable Schedule. In addition, if you have purchased our Service(s), which are sold together as part of a "bundled" package of services, any termination relating to any part of such bundle will terminate all of our Services included in such bundle.
- DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is", "as available" basis. We and our licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non- infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service(s) will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service(s) is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service(s) or any transactions entered into through the Service(s). No advice or information, whether oral or written, obtained by you from us or through the Service(s) shall create any warranty not expressly made here in.
INFORMATION.As the Registrant/Contact of your Services, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
- Your name and postal address (or, if different, that of the Services holder);
- The Services end user name being registered;
- The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the Services.
- The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the Services.
- The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the Services. Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through us. We do not guarantee the security of your Services, and you assume all risks that the security option you select is compromised as a result of fraudulent, unauthorized or illegal activity.
- RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to deliver your chosen Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not deliver your Services or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to deliver of Services.
- GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF INDIA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN BANGALORE, INDIA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS. NOTWITHSTANDING THE FOREGOING, FOR THE ADJUDICATION OF DISPUTES CONCERNING OR ARISING FROM USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL SUBMIT, WITHOUT PREJUDICE TO OTHER POTENTIALLY APPLICABLE JURISDICTIONS, TO THE JURISDICTION OF THE COURTS WHERE CASPER TECHNOLOGY SERVICES PVT. LTD IS LOCATED, CURRENTLY BANGALORE, INDIA.
- INFANCY. You attest that you are of legal age to enter into this Agreement.
- FORCE MAJEURE. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon.
- MAINTENANCE. “Maintenance” means Scheduled Maintenance or Emergency Maintenance. “Scheduled Maintenance” means any maintenance conducted by Casper Technology Services Pvt. Ltd. of which Customer is notified in advance. “Emergency Maintenance” means any maintenance conducted by Casper Technology Services Pvt. Ltd’s sole discretion, is necessary to avoid an immediate threat to the Casper Technology Services Pvt Services or Customer’s Services of which Customer is notified.
EXCEPTIONS.Customer shall not be entitled to any Credit hereunder if Infrastructure Downtime or Network Downtime is caused by:
- actions of the Customer or others authorized by Customer to use the Service under the Agreement;
- application, software, or operating system failure,
- the result of network maintenance activity,
- Denial of Service attack, hacker activity, or other malicious event or code targeted against Casper Technology Services Pvt. Ltd. or its Supplier, Customer, or
- failure of any Network or Internet Infrastructure not owned or managed by Casper Technology Services Pvt. Ltd. The guarantee does not include time required to perform data restores and backups if applicable.