Introduction
TERMS OF SERVICE
THIS DOCUMENT IS KNOWN AS THE "TERMS" DOCUMENT - IT MAY BE REFERRED TO AS "AGREEMENT" "DOCUMENT" "TERMS".
Our team at WebOFelix Technologies LLP (also referred to as "us" "our" "we") dedicated server services caters to clients from around the world. The "DOCUMENT" is a lawfully requisite document between you (also referred to as "your" or/and "Customer") and WebOFelix Technologies LLP. This Agreement has been framed to offer you the highest level of service and satisfaction while ensuring that all guidelines are followed while the entire transaction is underway.
By purchasing or/and using WebOFelix Technologies LLP services, you involuntarily accept that you have read, understood and agreed to every "TERMS" mentioned in the agreement and are willing to stand by the mentioned clauses. If you do not accept the terms of this agreement, you are ordered to hereby leave the website premises and refrain from using any of the services offered by WebOFelix Technologies LLP. If you continue to read further, then you make a decision to accept the "TERMS" on an as is basis.
1. Overview
WebOFelix Technologies LLP is an established online venture that caters to the dedicated server needs of various organizations throughout the world. Here, we focus on protecting and boosting the potential of our clients and offer the most effective solutions for all their issues. Mentioned below is a comprehensive list defining the terms of services provided by us that live up to the international standards of quality and performance. Terms of service of TOS are a bunch of rules that every dedicated server service has to follow. All the services we offer are in accordance with the terms defined here forth. Please read through the terms carefully and understand them in entirety before agreeing to anything. Note that once you sign up to the terms stated by WebOFelix Technologies LLP you are bound to follow the same or else face legal consequences.
2. Services
WebOFelix Technologies LLP offers its clients a number of reliable dedicated server products and services, all of which you can find under the services section of our website. All the services are described on our page as per the set date listed. Please note that in case the terms change with respect to the date mentioned, we are not liable to enforce the same changes on our Services as well. Some of our services are outsourced to third parties. These external forces hold the right to enforce some alterations including changes in the documents stating the services. We will try our best to keep you updated about these changes using all reasonable commercial means to inform you of any such modification. However, note that you are not allowed to terminate the TOS contract because of the changes enforced by the third parties.
3. Account Setup
At WebOFelix Technologies LLP our team of professionals will help in setup your accounts once you have paid in full and the payment has been screened for any fraud or illegal activity. It is mandatory that you provide us with valid, accurate, and up-to-date information, including a valid email address that does not contain your domain name you have to sign up under. We will be using this email address to contact the client in case of any abuse issue or other inquiries. Please ensure that the information you submit with us is active, accessible, and correct. If your information is found to be invalid, incomplete, or misleading, we may take appropriate measures (including suspension or termination of your account).
By providing information to WebOFelix Technologies LLP, you represent and warrant that all details are true and correct to the best of your knowledge. You agree that WebOFelix Technologies LLP may rely on this information in good faith when providing services, enforcing compliance, or responding to lawful requests.
4. Content
4.1. The services provided at WebOFelix Technologies LLP are in accordance with the law and are to be applied only for legal purposes. It includes copyrighted material, graphic content, or anything that is offending and/or obscene. The customer is entitled to indemnify or hold harmless the WebOFelix Technologies LLP hosts of any claims and complaints.
4.2. By posting or distributing User Content on or through the Services, you represent and warrant to WebOFelix Technologies LLP that you have all the necessary rights to post or distribute such User Content, and your posting or distribution of such User Content does not infringe or violate the rights of any third party.
4.3. All services provided by WebOFelix Technologies LLP are to be used for purposes which are acceptable legally. Customers are forbidden storage, presentation and transmission of any data, material or information that violate the law. This includes, but is not limited to: copy-protected material, material we judge to be explicit or intimidating, material that threatens national security, or material safeguarded by trade secret or other laws. The customer agrees to take responsibility of any claims resulting from the subscriber's use of WebOFelix Technologies LLP services which damages the customer or a third party.
Examples of prohibited content or links include (but are not limited to): Child Pornographic Content, IRC Softwares, Hacking websites, archives or programs, Pirated softwares, Distribution of music files or any other material in which the account holder does not own the copyright.
WebOFelix Technologies LLP does not state that it is a sole authority to judge which things constitute a violation under this provision. Content that does not meet the standard mentioned herein or any content that WebOFelix Technologies LLP may find questionable may be removed from its servers with / without prior notice to the subscriber. WebOFelix Technologies LLP does not take any responsibility for loss of any information / data / material as a consequence of this action.
4.4. WebOFelix Technologies LLP do not monitor bandwidth uses for client (for 5TB, 10TB, 100TB and 250TB Bandwidth servers), we have provided bandwidth log in client area. Client is responsible for any overuse of bandwidth and applicable charges.
5. Zero Tolerance Spam Policy
5.1. WebOFelix Technologies LLP, (the company) is known to have zero tolerance for cases such as SPAM emails. SPAM here refers to the distribution of unnecessary content that is transmitted to client accounts in bulk and includes unsolicited commercial or marketing content. Clients are not allowed to use our network to send out SPAM.
5.2. At WebOFelix Technologies LLP, our team of dedicated technicians keep an eye on the activities of the server and have all the information about the information flow and traffic leads generated by your server. Note that your account will be immediately shut down and the contract will be terminated in case we get any proof that you are using the company's network for sending out SPAM emails or any other offending content.
5.3. The company may demand proof for verification purposes, i.e., clients can be asked to submit records or documents that state the explicit affirmation that you're allowed to use the network and its services. You are subjected to investigation and questioning on suspicious grounds in case you fail to produce the said records.
5.4. In case the company gets any evidence about any unauthorized activity done on the network or any illegal usage of the products and services offered, then it is entitled to take immediate action, such as blocking messages, the server connection or the IP address without any prior notice. Also, the company holds the power to terminate your account solely on the basis of its discretion.
5.5. The company holds the power to suspend or cancel the services without any notice if the client is proven to be guilty of breaking the company's rules and policies. Moreover, the company also has the right to charge the guilty party a sum of $1000 for each of the SPAM emails sent using the company network.
6. Payment Information
6.1. When a client signs up for WebOFelix Technologies LLP he/she/they also agrees to submit the minimum 30 days pre-set payment in exchange for the services. The payment has to be completed well in advance before the services can be accessed. In case you want to cancel any of the services or subscriptions you have to give due information to the company or else they will continue to be billed regularly whether or not you use it. The activated services are deemed chargeable from the day of service activation. Also, the company has the power to completely change or modify any of the monthly plans anytime.
6.2. WebOFelix Technologies LLP generates the invoice 10 days before the due date while a reminder is sent 3 days before the same informing the customer of the due payment. In the case of a late payment, the client has to pay 7% of the amount as an overdue fee, the payment will be counted as late if it is paid even one day after the due date. In case the client fails to pay the amount due to a server problem, credit card expiry or him being unavailable, he/she has to inform the company of the same stating the valid explanation and request for exempting him from late fees. WebOFelix Technologies LLP is free to accept or decline the request based on its discretion.
6.3. WebOFelix Technologies LLP is entitled to increase any of the Service Charges one (1) time per calendar year, with: (a) five percent (5%); or if higher (b) the HICP for the previous year. The increase will apply with effect from the first (1st) of January, unless stipulated otherwise by WebOFelix Technologies LLP in its notification to Customer. In the event that the increase of the Service Charges takes effect within twelve (12) months of the Order Start Date, the increase will be pro-rated on the basis of the number of months that have passed since the Order Start Date.
6.4. WebOFelix Technologies LLP do not offer refund once service is activated (dedicated servers) as well as on pending / active custom build servers where company investment is involved. Any refund request will be processed case by case basis in forms of account credit only.
7. Declination of Service
7.1. WebOFelix Technologies LLP can decline service to any individual or party, any time that it thinks suitable. Refusal / Decline of service is at the discretion of WebOFelix Technologies LLP and any material and/or information and/or data that is threatening, illicit and/or obscene and/or violates the "TERMS" of WebOFelix Technologies LLP in any way will be annulled from the servers with / without any prior notice.
7.2. WebOFelix Technologies LLP additionally holds the power to suspend, cancel and restrict user admission to its services provided anytime, it thinks suitable, with / without any prior notice or valid reason. WebOFelix Technologies LLP will not take responsibility of any loss of material / data / information that may occur as a consequence of such actions.
7.3. WebOFelix Technologies LLP withholds the power to issue warnings to customers if there is an occurrence of any means of communication that can be interpreted as vulgar, threatening, rude, or otherwise offensive to the staff. WebOFelix Technologies LLP also withholds the power to either terminate or suspend the customer's account without refunds if WebOFelix Technologies LLP discovers similar communication subsequently.
8. Licenses
8.1. On purchasing any or/and all of the services offered by WebOFelix Technologies LLP, customers are entitled to a non-transferable, non-exclusive, royalty-free, worldwide authorization to use these services. The license terminates along with the expiration of the "TERMS". Apart from the Rights mentioned otherwise, a customer is not entitled to additional rights. Every title, right or/and interest remains with WebOFelix Technologies LLP or/and its Licensors.
8.2. Customers agree to grant WebOFelix Technologies LLP or a third party appointed by WebOFelix Technologies LLP, a non-transferable, non-exclusive, royalty free, worldwide, disseminate, cache content, information and technology presented by you, or your End User, if applicable, in "TERMS"s related to WebOFelix Technologies LLP. The License terminates along with the termination or expiration of this "TERMS". Every title, right and interest of technology remains with you, or people appointed by you.
9. Modification of Services
9.1. WebOFelix Technologies LLP withholds the power to increase, eliminate or modify any or/and all of the features from its service at any period, with / without notifying the customers. This comprises, but is not restricted to, bandwidth restrictions, disk space limits, license limits, third-party applications and pricing. WebOFelix Technologies LLP does not assure the accessibility of any or/and all of the services or features that are presently offered or written. If the modification, addition or subtraction of either of the features affects your use of services, you are free to terminate the "TERMS".
10. Third Party Products and Services
10.1. WebOFelix Technologies LLP may offer some third party services and/or products. These services and/or products may be subject to the T&C of third party provider(s). Special third party offers, discounts and promotions may also be subject to added limitations and restrictions by third party provider(s). Customers are advised to confirm the "terms of use" before making any purchase and about the use of any services or products with specific third party providers.
10.2. WebOFelix Technologies LLP does not establish any warranties or representations regarding and is not accountable for, the availability, quality and/or timeliness of services and goods provided by third parties. WebOFelix Technologies LLP is not a representative, trustee or agent for you or any other third party in any transactions whatsoever.
10.3. WebOFelix Technologies LLP may perform as a licensor or reseller of certain third-party software, hardware or services and equipment used in conjunction with the services thus provided. WebOFelix Technologies LLP does not take responsibility for any change in services of the third-party products or services. Any fault or manufacturing defect found in non-WebOFelix Technologies LLP products, either licensed, sold or provided by WebOFelix Technologies LLP to you, will not be measured as a breach of WebOFelix Technologies LLP responsibilities under this Agreement. Any rights you may hold as the owner, licensor, performer for any third party product is limited to those rights that are extended to you by the producer of the product in question.
11. Support Policy
11.1. WebOFelix Technologies LLP will provide customer support for 24 hours x 365 days of a year. However, in case of unavailability of staff / due to technical reasons / natural calamities, WebOFelix Technologies LLP cannot be held responsible for any termination / cancellation / delay in service caused as a consequence. WebOFelix Technologies LLP does not take responsibility for any refusal or delay caused by server error and incompetent server backup.
11.2. Customer Support is bound to WebOFelix Technologies LLP's area of knowledge and is limited to working of the offered services. WebOFelix Technologies LLP does not offer customer support for external software or applications but not restricted to network and hardware support. WebOFelix Technologies LLP has the power to refuse assistance for situations outside its scope anytime that it deems fit, including, but not limited to an error or omission on the part of the customer.
11.3. WebOFelix Technologies LLP withholds the power to terminate support for periodic maintenance of servers or regular upgrades. Additionally, customer support may not be provided due to certain unforeseeable circumstances, which may include, but is not limited to failure of telecommunications, hostile network attacks, system failures, network congestion, technical failure or disastrous occurrences man-made or natural.
12. Cyber Notice and Compliance Obligations
WebOFelix Technologies LLP complies with all applicable cyber laws, IT regulations, and directives issued by competent authorities. Upon receipt of any lawful cyber notice, takedown request, or directive, WebOFelix Technologies LLP reserves the right to suspend, restrict, or remove services or content without prior notice.
Customers are solely responsible for ensuring that their use of dedicated servers complies with all applicable cyber security, data protection, and content regulations. Any violation may result in immediate suspension or termination of services.
Where legally permissible, WebOFelix Technologies LLP will make reasonable efforts to notify customers of any cyber notice or directive that impacts their services. However, WebOFelix Technologies LLP may be legally prohibited from providing such notice in certain circumstances.
Customers agree to cooperate fully with WebOFelix Technologies LLP in responding to lawful requests from regulators, law enforcement, or other competent authorities, including providing necessary information or taking corrective actions. WebOFelix Technologies LLP acts in good faith when enforcing these obligations and shall not be held liable for actions taken in compliance with lawful directives.
13. Liability Disclaimer
WebOFelix Technologies LLP is not liable for any indirect, incidental, special or consequential damages, or for any loss of profits or loss of revenues resulting from the use WebOFelix Technologies LLP's Services by the Customer or any third parties, or any loss of data resulting from delays, non-deliveries or service interruptions.
14. Assignment of Agreement
Customers do not have the power to assign this Agreement without the explicit permission of WebOFelix Technologies LLP. This Agreement shall be in force and effect to the total benefit of the Customer and WebOFelix Technologies LLP and their successors and permitted assigns.
15. Revisions
WebOFelix Technologies LLP withholds the power to revise this document at any time, without prior notice. Customers are encouraged to therefore review the "TERMS" periodically, so that they are abreast of any modifications that are made to our service policies.
16. Limitation of Liability
CUSTOMERS AGREE THAT ANY AND / OR ALL DAMAGES ARE LIMITED TO THE FEES PAID FOR THE DURATION OF ONE MONTH OF SERVICE. UNDER NO CIRCUMSTANCES OF INATTENTION AND / OR UNFORESEEN PROHIBITIONS SHALL WebOFelix Technologies LLP, ITS OFFICIALS OR/AND AFFILIATES BE HELD ACCOUNTABLE FOR ANY SPECIAL, INDIRECT, DIRECT, PUNITIVE, INCIDENTAL AND / OR CONSEQUENTIAL DAMAGE WHATSOEVER, COMPRISING, BUT NOT RESTRICTED TO, DAMAGES CAUSED OR LOSS OR PROFIT OF REVENUE, SAVINGS, BUSINESS AND OR / DATA OR ANY OTHER TYPE OF FINANCIAL LOSS SUFFERED BY YOU, YOUR THIRD PARTY AFFILIATES AND / OR END USERS. YOU ACCEPT THE "TERMS" AND THE TERMS MENTIONED HEREIN THIS ENTIRE DOCUMENT EVEN IF WebOFelix Technologies LLP HAS BEEN OPINED ON THE OUTCOMES THAT COULD CONSEQUENCE FROM SUCH DAMAGES. YOU AGREE THAT THIS DOCUMENT "TERMS" APPLIES TO EVERY SERVICE METED OUT BY WebOFelix Technologies LLP AND THAT YOU CHOOSE TO ACCEPT IT.