THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND VizConn (hereinafter “VizConn”)
GOVERNING YOUR USE OF OUR PRODUCTS OR SERVICES OF ONLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE.
By accessing or using the Service(s) or Websites, or authorizing or permitting any User or End-User to access or use the Service(s) or Websites, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to these Terms for that Entity and representing to Us that You have the authority to bind such Entity and its Affiliates to these Terms, in which case the terms, “You", “Your” or related capitalized terms used herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not access or use the Service(s) or Websites.
You, as an individual, must be 18 years or older to access or use the Websites and the Service(s).
1. YOUR RIGHTS
1.1 These Terms are applicable during Your free trial and during Your subscription to the Service(s) or SAAS products through a Service Plan of Your choice.
1.2 Using Our SAAS Products or Service(s): Subject to Your compliance with the Terms and solely during the Subscription Term, You have the limited, non-exclusive, and revocable right to access and use the Service(s) for Your internal business purposes. You shall be responsible for use of the Service(s) through Your Account by any third parties. You may subscribe to one or more of the Service(s). They may be subject to separate and distinct Service Plans.
2. YOUR RESPONSIBILITIES
2.1 Your Account: Subject to any limitation on the number of individual Users available under the Service Plan to which You subscribed, access and use of the Service(s) is restricted to the specified number of individual Users permitted under Your subscription to the Service(s). Each User shall be identified using unique login information such as usernames and passwords (“User Login”) and such User Login shall be used only by one individual. If You are a managed service provider and You wish to use the same User Login across Accounts that You manage for Your clients, You acknowledge that it is Your sole responsibility to obtain necessary consents from such clients. You are responsible for the confidentiality of Service Data and User Login. You should, therefore, not share Your User Login with any third parties. In any event, unless You notify Us of any unauthorized use or suspicious activity in Your Account, You are responsible for all activities that occur under Your Account. Group Companies will not be liable for any damage or loss that may result from Your failure to protect Your login information, including Your password. Without limiting the foregoing, You are solely responsible for ensuring that Your use of the Service(s) to store and transmit Service Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service(s) or the information generated thereby is accurate or sufficient for Your purposes.
3. WARRANTIES & GUARANTEES:
Unless otherwise stated on a writted contract, we provide no warranties or guarantees with just two exceptions - the 99.9% uptime guarantee for hosting and the 30 day money back guarantee for hosting. The 30 day money back guarantee is only applicable for hosting and not for any other service or product we offer. In any case where we are not able to satisfy the 99.9% uptime guarantee on any particular month, we will offer credits to you, which would be used for an additional 1 month of the same hosting plan. In case of the 30 day money back guarantee, you agree to waive the convenience fee charged by paypal and/or any third party payment gateway in both the trasactions involved. We would provide the money-back only via Paypal.
3.1 LIMITATION OF LIABILITY, GUARANTEE & WARRANTY: All our services are provided as is. To the maximum extent permitted by law, we provide the service as is and you assume full responsibility for any loss that results from your use of the the Services offered by us. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service will be zero. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
3.2. INDEMNITY & ATTORNEY FEES: You agree to indemnify & hold us & our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. If we file an action against you claiming you breached these Terms & we prevail, we’re entitled to recover the attorney fees & any damages or other relief we may be awarded.
4. LICENSE FOR WEBSITES, SOFTWARES & APPLICATIONS:
All the patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights for the original work, database schema and code in softwares, websites, applications, services, products, etc. belong to VizConn.
We are the owner or the licensee of all Intellectual Property Rights in Our Websites, and the content or material published on it. Those works are protected by copyright laws and treaties around the world. You must not use any part of the content on Our Websites for commercial purposes without obtaining a license to do so from Us or Our licensors. Further, We claim no intellectual property rights over the content You upload or provide to the Service(s).
Grant of License to you: Our product and service names, and logos used or displayed on the Service(s) or Websites are Our registered or unregistered trademarks (collectively, “Marks”), and You may only use such Marks to identify You as a user of the Service(s) You have subscribed to. Unless otherwise specified by a written contract specifying a different license, the customer receives only a single site, non-transferable license to use the product or service for the allocated period of time including but not limited to websites and all versions of the VizConn CMS/Content Management System, VizConn CRM/Customer Relationship Management system, VizConn Forms, VizConn HMS/Hotel Management System & VizConn Invoice System/Cloud Invoice. Under the single site, non-transferable license, copying, modifying and re-selling any work of VizConn is prohibited. These terms apply to all products and services purchased by the client from VizConn in both the past & present.
5. ACCEPTED USE POLICY:
VizConn’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
1. not to violate the laws, regulations, ordinances or other such requirements of any applicable Central, State or local government.
2. not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
3.not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
4. not to make, attempt or allow any unauthorized access to VizConn website, servers, your own hosting account or the account of any other customers of VizConn.
5. not to allow any remote code execution of malicious software through the hosting account provided by VizConn.
6. not to cause denial of service attacks, port scans or other endangering and invasive procedures against VizConn servers and facilities or the servers and facilities of other network hosts or Internet users.
7. not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
8. not to use VizConn services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
9. not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
10. not to engage in or to instigate actions that cause harm to VizConn or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. VizConn reserves the right to refuse service to anyone upon Our discretion. Any material that in VizConn judgment, is either obscene or threatening is strictly prohibited and will be removed from VizConn servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, VizConn will take corrective action upon our own discretion and will notify You. VizConn decision in such case is binding and final, and cannot be a subject of a further change. VizConn cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to VizConn or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. VizConn will not be liable for any loss or damages in such cases.
11. not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
At its discretion, VizConn can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
For more information on the Accepted Use Policy, please email us at email@example.com.
6. FAIR USE POLICY:
VizConn offers it's hosting packages for individuals and businesses aiming to host a website that doesn't need a private server. To ensure your website doesn't take all the resources of a shared servers, all hosting plans have the following limits:
1. The maximum email storage for a single email doesn't exceed 1GB
2. The total email storage of a single hosting account of a starter, professional and ultimate packages doesn't exceed 1GB, 2GB and 4GB respectively.
3. The maximum storage for a single database doesn't exceed 1GB
2. The total database storage of a single hosting account of a starter, professional and ultimate packages doesn't exceed 1GB, 2GB and 4GB respectively.
5. You don't use our hosting service for any other purpose than hosting a website or a small web application.
7. REFUND & RENEWAL POLICY:
Refund: All sales are final unless you have purchased hosting and are within the initial 30 days period where the money-back guarantee is applicable. In all other cases, there will be ABSOLUTELY NO REFUNDS.
For software development, app development and web development orders, if the customer wants modifications to the initial requirements shared, VizConn reserves the right to reject the alterations required OR charge the customer for the modifications at VizConn's sole discretion. VizConn also reserves the cancel orders without providing a refund to customers who place custom software/app/web development orders with misleading requirements.
Renewal: Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account in accordance Section 8, Your credit card will be charged automatically for the applicable Subscription Charges if you have saved your credit card with us. If we are not able to charge you on time, the service(s) will automatically be cancelled.
We may use a third party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing Us.
8. DELAYED PAYMENT:
For any payment made after the due date, VizConn reserves the right to add an interest amount of 2% per month of the due amount to be paid by the client.
9. CHANGE OF PRICE:
For services offered on a per month or per year basis, VizConn reserves the right to change the price for any service offered at any time by informing the CLIENT. The CLIENT has the right to accept it and continue using the services or decline it and thereby stop using VizConn’s services.
10. CHANGE OF TERMS:
VizConn reserves the right to change these terms at any point of time by sending the client an email notification. It is the client’s duty to inform VizConn in case of any change in the client’s email address.