User Terms and Conditions
This Web Hosting Agreement (this “Agreement”) is between SECURE WGB SOLUTIONS (SWGBS) and the person (individual/company/organization/authorized person from any of these) who signs up for or using SWGBS’s services incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of SWGBS’s Web hosting service.
Table of Contents
- Customer Information
- Disclaimer of Warranties
- Limitation of Damages
- Suspension of Services/Termination
- Request for Customer Information
- Back Up Copy
- Changes to SWGBS’s Network
- Force Majeure
- Governing Law/Disputes
(Subject to the terms of this Agreement, Secure Brand & Technologies agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date when Customer signs up for Secure Brand & Technologies’ services (considered as the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”), The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle will be (depending on option/(s) selected in order form) monthly (30 days), quarterly (3 months), semi-annually (6 months) or annually (12 months), beginning on the Service Commencement Date. Secure Brand & Technologies may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Secure Brand & Technologies to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Secure Brand & Technologies will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle.
Upon expiration of the Initial Term, the order shall automatically renew (on/before “Renewal” date) within the days prior to the expiration of the Initial Term or Current Term (unless Customer changes its preference for Service renewal from automatic to manual from his admin area. Though in order to prevent any kind of accidental suspension of service(s) or loss of domain name registration(s), we highly recommend to keep auto renewal activated)
Customer is responsible for providing Secure Brand & Technologies with changes to billing information (such as credit card expiration, change in billing address). Secure Brand & Technologies may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Secure Brand & Technologies’ reasonable reinstatement fee following a suspension of service for non-payment, and to pay Secure Brand & Technologies’ reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
(b) Fee Increase
Secure Brand & Technologies may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees prior to the beginning of the Renewal Term,
At Secure Brand & Technologies’ request Customer shall remit to Secure Brand & Technologies all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Secure Brand & Technologies), regardless of whether Secure Brand & Technologies fails to collect the tax at the time the related services are provided.
(d) Early Termination
Customer acknowledges that Secure Brand & Technologies may terminate this Agreement at any time if Customer violates this Agreement or the Acceptable Use Policy posted at http://securewgb.com/terms-conditions (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Secure Brand & Technologies terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Secure Brand & Technologies’ breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
5. Customer Information
Customer represents and warrants to Secure Brand & Technologies that the information he, she or it has provided and will provide to Secure Brand & Technologies for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Secure Brand & Technologies that he or she is at least 18 years of age. Secure Brand & Technologies may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice (via email) changing the Primary Customer Contact.
Customer agrees to defend, indemnify and hold harmless Secure Brand & Technologies, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, , demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
7 .Disclaimer of Warranties
Secure brand & technologies does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law secure brand & technologies disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non infringement. To the extent permitted by applicable law, all services are provided on an “as is” basis.
8. Limitation of Damages
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of secure brand & technologies and any of its employees, agents or affiliates, under any theory of law (including breach of contract/agreement, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
Customer acknowledges that it is solely responsible for interactions with end users of customer’s site or service. To the extent permitted under applicable laws, customer hereby releases secure brand & technologies from any and all claims or liability related to any product or service of an end user, any action or inaction by and end user, including end user’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any end user.
(a) Suspension of Service. Customer agrees that Secure Brand & Technologies may suspend or terminate services to Customer without notice and without liability if: (i) Secure Brand & Technologies at its sole discretion believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any investigation of any suspected violation of the AUP; (iii) Secure Brand & Technologies on its sole discretion believes that the suspension of service is necessary to protect its network or other customers, or (iv) as requested by a law enforcement or regulatory agency. (V) Customer fails to to pay any due amount by its due date. Customer shall pay Secure Brand & Technologies reasonable reinstatement fee if service is re-instituted following a suspension of service under this subsection.
(b) Termination. The Services may be terminated by Secure Brand & Technologies prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows but not limited to: (i) if Customer is overdue on the payment of any amount due under the order/upgrades; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within defined hours(in notice) of a notice from Secure Brand & Technologies about the violation; (iii) if Customer’s Service is used in violation of the Agreement or AUP more than once, or (iv) if Customer violates Section 5 (Customer Information) of this Agreement. (v) Any trial or free services being provided (for which customer is not getting charged)
10. Requests for Customer Information
Customer agrees that Secure Brand & Technologies may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that in sole discretion finds any violation(s) on applicable terms and conditions/AUP; (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
11. Back Up Copy
Customer agrees to maintain a current copy of all content hosted by Secure Brand & Technologies notwithstanding any agreement by Secure Brand & Technologies to provide backup services.
12. Changes to Secure Brand & Technologies’ Network
Upgrades and other changes in Secure Brand & Technologies’ network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Secure Brand & Technologies reserves the right to change its network in its commercially reasonable discretion, and Secure Brand & Technologies shall not be liable for any resulting harm to Customer.
Notices to Secure Brand & Technologies under the Agreement shall be given via electronic mail to the e-mail address provided for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
14. Force Majeure
Secure Brand & Technologies shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Secure Brand & Technologies’ control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
15. Governing Law/Disputes
By using the Services, you agree to submit that exclusive jurisdiction for any dispute/disputes or claims arise against Secure Brand & Technologies or on a person/company relating to the services of Secure Brand & Technologies, resides in the courts of Churu, Rajasthan, India under Indian law.
16. Cancellation of Service(s) And Refund
Secure Brand & Technologies offers anytime money back guarantee for our web-hosting and email hosting, so, if you feel any of our service(s) doesn’t serve your purpose, you can any time cancel the service(s) and get the remainder of your total amount refunded. You will be only charged for number of months you’ve used our hosting services, while you’ll be charged for your current month (30 days cycle). Amount of usage will be counted on basis of regular package cost (non-promotional/undiscounted prices) per-month.
Additionally refund amount will exclude any setup fee, add-on/value added services, any services from our partners/third party providers, Private SSL certificate(s), domain registrations/transfer charges and domain related services. Though you can continue using/managing your SSL/Domain etc.
- Any Credits or refunds cannot be claimed for any free or promotional (free) services provided.
- Refund is not applicable as an amount transfer to your bank account if you used any of following methods for the payment of your order (but will be available as usable credits on your SWGBS account which can be used to buy/renew domains or use for other services offered by us).
- Any Payment Method rather than Credit card or debit card.
Customer acknowledges and agrees that Secure Brand & Technologies retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual properties. Customer cannot use Secure Brand & Technologies’ name, trade mark or any of above mentioned properties, without Secure Brand & Technologies’ prior written consent. The parties (Customer and Secure Brand & Technologies) intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Customer will not represent itself to be agent of Secure Brand & Technologies and acknowledges that customer has no power or authority to bind Secure Brand & Technologies on any agreement with any other party and that customer will not represent to any person that it has such power or authority.
The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties.
The following provisions will survive expiration or termination of the service(s).
Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement.
There are no third party beneficiaries to the Agreement.
Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Secure Brand & Technologies’ prior written consent. Secure Brand & Technologies may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.