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Term of Service
By submitting the online order form, or by using WebNsofts.com's service, Customer hereby agrees to WebNsofts.com’s Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), Copyright Statement, and Privacy Policy.
Unless otherwise specified, in this TOS, the AUP, the NSP, Copyright Statement, and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to WebNsofts.com, an online infrastructure service provider, and all its divisions, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of WebNsofts.com.
Customer agrees that it shall comply with this TOS, WebNsofts.com's Acceptable Use Policy (AUP), WebNsofts.com’s No-Spam Policy (NSP), and WebNsofts.com's Copyright Statement. Customer further agrees that it has read WebNsofts.com’s Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, Copyright Statement and the Privacy Policy collectively.
1. General Terms.
In consideration of hosting services to be delivered,
Customer agrees to be bound by the following
terms and conditions:
1.1. Customer agrees to pay,
in advance of each monthly or yearly service
term (Customer's choice), for hosting services
to be rendered.
1.2. Customer agrees to be
bound by the service term selected on the online
order form or via applicable promotional codes
that may require Customer to order WebNsofts.com’s
service for a certain minimum period of time.
1.3. Customer agrees to a no-refund
policy in advance. Setup fees and monthly web
hosting service fees are non-refundable.
1.4. Non-Payment of services
shall result in a 5-day notice of disconnection.
All payment failures must be cured within 5
days of notice.
1.5. WebNsofts.com is not and
shall not be responsible for data integrity
for any accounts that are terminated, disconnected,
or interrupted because of Customer’s failure
to pay for WebNsofts.com’s services.
1.6. Customers agrees to pay
all GST applicable to your account (GST is included
in all costs quoted on WebNsofts.com website).
2. Agreement for Services.
2.1. WebNsofts.com will provide,
and Customer will purchase and pay for, the
website hosting services (the “Services”),
according to the service fees specified in the
Order for the applicable Service Description.
Customer acknowledges that the service, and
service fees have been communicated to the Customer,
and that Customer is aware of all applicable
charges as per the Agreement.
2.2. In connection with any
Hosting Services, if Customer’s actual
bandwidth usage in any month exceeds the allotted
amount specified in Customer’s contract,
Customer will pay WebNsofts.com any additional
fees as required to cover excess usage costs.
Customer understands that upgrading to the next
higher account which will include increased
bandwidth is an option available at any time.
3. Payment.
3.1. Establishment and provision
of service is contingent upon receipt of payment
from Customer to WebNsofts.com.
3.1.1. Customer must pay in
full for the Services before WebNsofts.com begins
to provide the Services to Customer.
3.1.2. Setup fees will be charged
and are due at the time of the Customer’s
initial request of the Services requiring setup,
unless specified that no set up fees are due.
3.2. Payment is due on the
defined monthly recurring billing date of each
month. Customer approves the recurring billing
of Customer's Credit Card at the amount and
at the frequency chosen by Customer.
3.2.1 Hosting Renewal charges will occurr
at the due date automatically. If automatic credit card charging
on the due date fails, Service will be interrupted on accounts
that reach 10 days past due. All accounts that are interrupted
for being 10 days overdue will be charged a 10% late fee.
4. Delinquent Accounts.
WebNsofts.com may temporarily deny service or terminate
this Agreement upon failure of Customer to pay
charges when due. Such termination or denial
will not relieve Customer of responsibility
for the payment of all accrued service fees,
and any collection fees to which WebNsofts.com
may be entitled under this Agreement or under
applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account
at any time, for any reason or for no reason,
by contacting “Billing Department” from Client portal, which is provided on the WebNsofts.com
website. You can submit email at the following Web page:
https://www.webnsofts.com/clients/submitticket.php?step=2&deptid=3
Once a Customer has cancelled their account, no more charges will be billed to the credit card. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that WebNsofts.com does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable. After the cancellation form is submitted, WebNsofts.com reserves the right to immediately terminate your account. No backups will be provided after cancellation.
To
cancel a shared or reseller account you must
submit a cancellation form 5 days before your
account rebills. If the cancellation form is
not submitted 5 days before your account rebills
you will be responsible for the next months
payment.
To cancel a dedicated server you are required
to submit the cancellation form 10 days before
your dedicated server payment rebills. If the
form is not submitted 10 days before you will
be responsible for the dedicated server payment
for the next month.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED
IN THIS SECTION 6, ALL PAYMENTS TO WebNsofts.com
ARE NONREFUNDABLE.
All payments to WebNsofts.com are nonrefundable.
This includes any setup fees and monthly fees
regardless of usage. All billing disputes must
be reported within thirty (30) days of the time
the dispute occurred. Disputed charges to your
credit card issuer, also known as chargebacks,
which, in WebNsofts.com's sole discretion, are
invalid under the terms and conditions of this
Agreement, will result in service interruption,
and reconnection fees to restore the desired
service.
6.1. 30 Day Money Back Guarantee
is only offered on shared hosting, reseller hosting
and virtual private servers. Not including Dedicated Servers, Semi-Dedicated
Plans, Domain Names, Dedicated IP addresses
and/or any other addon service ordered. The
30 day money back request must be made within
30 days of the account creation and can only be applied on your first order. There will
be a full refund of the amount paid for the
shared or reseller plan if filed within the
30 day period. Virtual private server refunds will exclude a PKR1500 cpanel license fee, if cpanel was ordered or included.
6.2. 99.9% Uptime Guarantee
will be determined at the end of the calender
month by WebNsofts.com's monitoring system and
no other.
WebNsofts.com does not include the following events
in the calculation of the monthly uptime, since
we have no control over the events. WebNsofts.com
shall not be liable or deemed to be in default
for any delay or failure in performance under
this Agreement or interruption of service resulting
directly or indirectly from acts of God, civil
or military authority, acts of public enemy,
war, terrorism, riots, civil disturbances, insurrections,
accidents, fire, explosions, earthquakes, floods,
the elements, strikes, labor disputes, shortages
of suitable parts, materials, labor or transportation,
magnetic interference, interruptions of electrical
power or other utility service, unavailability
of any telecommunications or wireless service
or connection to any telecommunications or wireless
service, or DDOS attacks, or hardware failures,
or scheduled maintenance or any cause beyond
the reasonable control of WebNsofts.com.
6.3 24 Hour Response Guarantee
is valid only for current clients that have
a valid support ticket number in the correct
WebNsofts.com department. Every ticket you create
that is not initially replied to within 24 hours
you will receive a PKR1.00 credit off of your
next months hosting payment. You can not receive
a credit higher than the amount you pay monthly
for your WebNsofts.com web hosting package. Users
abusing the ticket system will not receive any
credit or refund.
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. WebNsofts.com reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
8.1. the Acceptable Use Policy,
or
8.2. the No-Spam Policy.
8.3. Copyright Statement
9. Customer agrees to defend, indemnify, and hold harmless WebNsofts.com, its divisions,. agents, subsidiaries, successors, assigns, employees of WebNsofts.com against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable legal fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
10. WebNsofts.com SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
10.1. ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR
EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS,
LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA
RESULTING FROM THE USE OF WebNsofts.com’S
SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS
OF THE FORM OF ACTION OR THEORY OF LIABILITY,
OR
10.2. ANY LOSS OF DATA RESULTING
FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR
SERVICE INTERRUPTIONS.
11. WebNsofts.com PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WebNsofts.com DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND WebNsofts.com SHALL HAVE NO LIABILITY THEREFOR.
12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WebNsofts.com DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
13. WebNsofts.com DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
14.No Waiver of Rights by WebNsofts.com.
Any failure by WebNsofts.com to enforce this Agreement
in every instance in which it might apply does
not amount to a waiver of any of WebNsofts.com’s
rights.
15. Notices.
15.1. From WebNsofts.com to Customer.
WebNsofts.com will notify you by e-mail of any
notices that WebNsofts.com is required to provide
to you under this Agreement, at the most current
e-mail address you have provided to WebNsofts.com.
By entering this Agreement, you consent to receive
notices by e-mail. You are solely responsible
for ensuring that WebNsofts.com has your most current
e-mail address, and WebNsofts.com shall not be
responsible for any lost, misdirected, bounced,
forwarded, or undeliverable e-mail that WebNsofts.com
sends to the most current e-mail address you
have provided to WebNsofts.com.
15.2. From Customer to WebNsofts.com.
Unless otherwise specified in this Agreement,
notices to WebNsofts.com shall be sent to the following
address:
WebNsofts.com
P.O. Box 236
GPO, MULTAN, PUNJAB 60000, PAKISTAN
16. Governing Law.
This Agreement shall be governed by and construed
in accordance with the laws of the State of
Wisconsin, without regard to choice of law or
conflicts of law provisions that would cause
the application of the law of another jurisdiction.
17. Currency.
All monetary amounts to which this Agreement
refers shall be in Pakistan rupee (PKR) and American (USD) dollars.
18. Goods and Services Tax (GST).
In accordance with Fedral Governament Legislation,
all fees, charges and costs quoted on the WebNsofts.com
website is inclusive of GST. A Statement/Tax
Invoice clearly showing the cost of Service/s
and the GST dollar value paid is provided by
email to Customer in each instance where payment
has been made to WebNsofts.com by Customer.
19. Entire Agreement.
This Agreement, including all of its component
parts, comprises the entire agreement between
you (the Customer) and WebNsofts.com, and supersedes
any prior or previous agreements between you
and WebNsofts.com with respect to the subject matter
of this Agreement; provided, however, that you
agree that you shall be subject to any additional
terms and conditions of which WebNsofts.com notifies
you from time to time, pursuant to this Agreement.
20. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
21. Assignment.
21.1 Customer shall not assign
or attempt to assign its obligations under this
Agreement without WebNsofts.com’s prior and
express written consent to such assignment.
21.2. WebNsofts.com may assign
any or all of its rights and obligations under
this Agreement at any time without prior notice
to or consent of Customer.
22. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation
of any dispute, controversy, or claim arising
out of, in connection with, or in relation to
this Agreement, or the breach thereof shall
be proper only in a venue determined WebNsofts.com.
23. Choice of Law.
For all purposes, this Agreement shall be deemed
to have been made within the State of Wisconsin.
This Agreement shall be governed by the laws
of Wisconsin and the laws of the United States
of America.
24. Force Majeure.
WebNsofts.com shall not be liable or deemed to
be in default for any delay or failure in performance
under this Agreement or interruption of service
resulting directly or indirectly from acts of
God, civil or military authority, acts of public
enemy, war, terrorism, riots, civil disturbances,
insurrections, accidents, fire, explosions,
earthquakes, floods, the elements, strikes,
labor disputes, shortages of suitable parts,
materials, labor or transportation, magnetic
interference, interruptions of electrical power
or other utility service, unavailability of
any telecommunications or wireless service or
connection to any telecommunications or wireless
service, or any cause beyond the reasonable
control of WebNsofts.com.
25. Severability of Terms of this Agreement.
In the event that any portion of this Agreement
is held to be unenforceable, the unenforceable
portion shall be construed in accordance with
applicable law as nearly as possible to reflect
the original intentions of the parties hereto,
and the remainder of the provisions shall remain
in full force and effect.
26. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect
to WebNsofts.com’s performance or alleged
non-performance of this Agreement must be commenced
within one (1) year after the claim or cause
of action arises or such claim or cause of action
is forever barred.
