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Terms & Condition
1. The Service
- The Service shall be provided by means of an access to a Uniform Resource Locator (URL) designated by the Company. In relation thereto, the Company shall provide the Client with a Member ID and Password to access the designated URL.
- The Client shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. The Client agrees to notify the Company immediately of any unauthorized use of its Member ID and Password or any other breach of security.
- The Company reserves the right to introduce new features, functionalities and/or applications to the Service or to future versions of the Service.
- The Company regularly backs up all data and information found on the Service and stores the same for a limited time. However, the Company shall not be liable for any failure to back up or restore any information or for interruptions, delay or suspension of access to or unavailability of the Service, or any loss of such information, data or transmissions.
- Server Uptime: eZee Technosys Pvt. Ltd. shall provide at least 99.95% Service Availability, measured on a per calendar-month basis. Service Availability is defined as the ability of the all the users signed on your account to access eZee Absolute, provided that your account is active, in good standing and enabled.
Service Availability: If Service Availability for the first 30 day period (or any calendar month
thereafter) is below 99.95%, eZee Technosys Pvt. Ltd. will issue a credit to You according to
the schedule below:
Amount of the refund as a percentage of monthly fees for affected Service:
- 99.0% to 99.95% - 3% of monthly fee credited
- 98.0% to 98.99% - 5% of monthly fee credited
- 95.0% to 97.99% - 10% of monthly fee credited
- 90.0% to 94.99% - 25% of monthly fee credited
- 89.99% or below - 2.5% credited for every 1% of lost availability up to the maximum total penalty limit.
The Billing Department will compare information provided by You to the monitoring data that eZee Technosys maintains. A credit is issued only if eZee Technosys Pvt. Ltd. confirms from the Page 3 of 6 monitoring data warranting the credit.
- Total Credit Limits, Sole and Exclusive Remedy: The total credit to you for any account may not exceed 50% of the monthly fees charged to that account during the month for which the credit is to be issued, unless the amount to be credited is less than $1.00 in which case the credit amount will be $1.00. Only one credit and credit level is available in any given month.
- Notwithstanding anything set forth in the Agreement or this Service Level Agreement, the credit described in this Section VII shall be Your sole and exclusive remedy in connection with any outages, unavailability or breach by eZee Technosys Pvt. Ltd. of the Agreement or this Service Level Agreement.
2. Technical Support
- eZee Technosys Pvt. Ltd. will provide Client through their authorized account contacts with technical support on setting up and configuring clients account, access to the Services, and other issues related to the Services. Only client's authorized account contacts may request information, changes or technical support pursuant to the Agreement.
- eZee Technosys Pvt. Ltd. uses commercially reasonable efforts to maintain a standard response time to technical support issues. This response time will depend on the complexity of the inquiry and support request volume. The Technical Support Department assigns the highest priority to customer inquiries related to server unavailability. The estimated time to respond does not apply to inquiries that require extensive research and testing.
- Technical Support is available 24/7, 365 days by email, online chat, instant messengers and phone.
- Scheduled Maintenance: To ensure optimal performance and security of the Services, eZee Technosys Pvt. Ltd will routinely perform maintenance on a regularly scheduled basis. This may require specific Services to be suspended or even complete stoppage of the service during the maintenance period. Service unavailability due to scheduled maintenance will be excluded from Your uptime calculations for availability. eZee Technosys Pvt. Ltd will use commercially reasonable efforts to notify You in advance of any scheduled maintenance that may adversely affect Your Services.
- Emergency Maintenance: Under certain circumstances eZee Technosys Pvt. Ltd. may need to perform emergency maintenance, such as security patch installation or hardware replacement. eZee Technosys Pvt. Ltd will not be able to provide You with advanced notice in case of emergency maintenance. Service unavailability due to emergency maintenance will be excluded from the uptime calculations.
- Technical Support is available 24/7, 365 days by email, online chat, instant messengers and phone.
4. Payment Terms
- All payments shall be made in advance and payable in US$ (USD). Or its equivalent in any other currency acceptable to the Company or to such other account as the Company may direct.
- The Company reserves the right to impose reasonable late interest charges on the amounts remaining unpaid in the event that the Client fails to make timely and prompt payment within the stipulated times.
- The Charges are exclusive of any taxes, duties or other governmental levies or charges that the Client shall continue to be liable for as and when the same is imposed.
- The Company reserves the right to modify its pricing structure and payment conditions from time to time at its sole discretion, provided that not less than thirty (30) days notice shall be given to the Client regarding any changes or modifications.
- Billing Disputes: eZee Technosys Pvt. Ltd. must receive notice of billing disputes within sixty (60) days of the date your account was invoiced for the services or you shall be deemed to have accepted such charges.
- The Client may terminate the agreement hereunder by giving the other party thirty (30) days notice in writing under "Subscription Terms" clause of this agreement.
- If the Company, shall pass a resolution or the courts shall make an order that the Company be wound up otherwise than for the purpose of reconstruction or amalgamation or if a receiver or manager on behalf of a creditor shall be appointed, the other party shall be entitled to terminate the arrangement with immediate effect.
- The company reserves the right to terminate the agreement by giving the other party thirty (30) days notice in writing.
5. Privacy - Confidentiality
eZee Technosys Pvt. Ltd. is committed to protect Your privacy and the confidentiality of Your data to the maximum extent permitted by law and/or accepted by industry standards. We will not access, view or review any of your private data accessible to us unless:
- Either You or a government agency or regulatory body specifically requests us to do so;
- When performing routine backup and restore operations, virus scan and virus removal, spam and content filtering; or
- If such access, view or review is urgent and necessary to protect personal safety, perform troubleshooting, perform various kinds of performance test, restore systems operation in the event of a server failure, or prevent a server failure, Service outage or other damage. Under no other circumstances will eZee Technosys Pvt. Ltd. access your private data or share Your confidential data with any third parties without Your prior permission, except to the extent required by law or governmental or regulatory body or necessary to render our services to You.
All eZee Technosys Pvt Ltd. Employees have a NDA (Non-Disclosure Agreement) signed with Company.
6. Data Retention
While your account is active, eZee Technosys Pvt. Ltd. shall retain your data. eZee Technosys Pvt. Ltd. shall not be responsible for retaining any of Your data after account termination. All data is deleted from the servers after your account is terminated and from backups during scheduled backup rotation. eZee Technosys Pvt. Ltd. shall not restore, provide on any storage media or send out any data pertaining to terminated accounts, unless specifically noted in a customized service agreement.
7. Customer Responsibilities
- To access eZee Technosys Pvt. Ltd. services you must provide at the very minimum.
- An Internet connection with sufficient bandwidth and quality to allow trouble-free browsing, data uploading and downloading.
- Only use internet browser recommended by eZee Technosys Pvt. Ltd.
- You grant eZee Technosys Pvt. Ltd the right to include your company's name or property name as a customer on eZee Technosys' various websites and other advertising and Page 5 of 6 promotional materials. In case your company name or property name is included and you want it to be de-listed, you need to give a written request. In 30 days eZee Technosys will remove your company's name from the websites and will cease to include the name in eZee's other future advertising and promotional materials.
8. Limitations of Liability
- Under no circumstances shall the Company nor its vendors and service providers be held liable for any delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. If any such event shall continue for a period of ninety (90) days, either party may terminate the arrangements hereunder without liability to the other party, upon written notice to the other party. In such event, the Client shall pay the Company a reasonable sum in relation to the Service provided to the Client prior to termination.
- Both parties shall not be liable for any indirect, punitive, exemplary, consequential, special and incidental damages including lost profits, suffered by the other party for any reason (including tort, negligence, or breach of contract) whatsoever.
- The Client hereby agrees to indemnify and save the Company harmless against all losses, damages, expenses, liabilities, claims, and costs (including reasonable legal costs) arising out of or referable to any claims, actions or proceedings brought by any third parties arising out of the Client's use of the Service.
- The company shall not be responsible for over bookings and it is the Clients responsibility to carefully manage their Inventory
- If any term herein shall either in whole or in part be held to be illegal or unenforceable under any rule of law, these terms should be interpreted to affect the intentions of the parties and the remaining provisions will remain in effect.
- The Client agrees that the Company may identify the Client as one of its clients in its promotional media and literature and disclose to current and prospective clients and investors that the Client is a subscriber and user of the Company's products and services.
10. Governing Law
- This Agreement shall be construed and enforced in accordance with the laws of the Surat City, Gujarat, India.