Terms and Conditions
BY USING CYBERTECH SYSTEMS' SERVICES DETAILED ABOVE, YOU CONFIRM YOUR AGREEMENT TO OUR TERMS OF SERVICE AS UNDER AND THAT THEY ARE BINDING ON YOU.
You agree to familiarize yourself with these terms, and abide by them if you choose to use the services to which such terms apply.
User Conduct
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.
User Eligibility
You represent and warrant that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to sign up, and the account must be ordered by a parent or legal guardian, in their own name. You agree to supply CyberTech with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree (if and when you make a payment using a Credit Card) that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
Contents of Messages
You are solely responsible for the contents of your messages and your website and the consequences thereof. You agree not to do anything which would restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use CyberTech to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. CyberTech reserves the right to terminate your account if CyberTech becomes aware and determines, in its sole discretion, that you are violating any of the foregoing guidelines.
Unlawful or Prohibited Use
As a condition of your use of the CyberTech Cloud Hosting Service you warrant to CyberTech that you will not use the CyberTech Cloud Hosting Service for any unlawful purpose. Transmission, distribution, or storage of any information, data or material in violation of India/International or state regulation or law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. CyberTech reserves the right to remove such illegal material from the CyberTech servers immediately.
Terms of Payment
You agree to pay CyberTech appropriate payment for the services received from CyberTech, in advance of the time period during which such services are provided. Payment may be made by any of digital payment methods described below or by Cheque payable at par in Bangalore or wire transfer or PayPal or any other mutually agreeable means. Cash payments not accepted. To facilitate Clients to make payments on time, Cybertech will send Proforma Invoice prior to expiry of Services, with a request for payment. CyberTech accepts several online digital payments, including Net Banking, UPI, NEFT, IMPS among others. Invoices for the Services and payment received will be made within 10 days of completion of Services requested. Invoices are never made before receiving payment from Client. You further agree that until and unless you notify CyberTech in writing of your desire to cancel any or all services provided by Cybertech, those services will continue on a recurring basis. You agree that payments sent towards Cybertech Service,s are absolutely non refundable, except whatever is stated under Refund Policy below.
All Cybertech Services/accounts are setup and billed on an annual basis.
CyberTech reserves the right to change prices at any time.
Cheque bouncing Charges
CyberTech will charge Rs 200.00 (Rupees One Hundred) as processing fee on all returned cheques.
Expiry of Cybertech Services
All Services provided Cybertech are based on User's domain expiry date. Domains expire automatically on expiry date, mentioned in our Invoice or they may be checked online using WHOIS. Domain Registries do not provide any grace periods for domains. Users will have to be careful and take appropriate action to renew Cybertech Services in time to avoid disruptions. As a part of its Services, Cybertech sends Services expiry reminders before expiry date.
Domain Registration and Renewal
Cybertech registers/renews domains as a Reseller to several ICANN approved Regisrars abroad and reserves the right to choose Registrars of their choice. Cybertech itself is not a Registrar and domain will have to be registered by Cybertech only through an ICANN approved Registrar.
Domains are registered subject to availabilty for a period 1 year by default unless the Client requests for multiple years. Maximum period of Registration/Renewal is limited to 10 years at present.
Cybertech follows several security measures while registering/renewing domains for their Clients. Clients fully agree that all domains registered/renewed by Cybertech, will have a dummy mail ID for all Contacts and domains will be in LOCKED condition. This is done as a security measure in the interest of Domain Lessee, to prevent 3rd party hacking efforts, illicit and unauthorised domain transfer attempts etc, commonly prevalent on the Net. These genuine efforts should not be misunderstood or miscontrued as incorrect, as this is done based on suggestions/recommendations by Registrarars. And any changes in these Domain Records may be easily made, at any time, by Domain Lessee in direct consultation with Registrars. Cybertech's resposibilities with respect to domain registration/renewal are limited to just registration/renewal for the period Clients pay for. Cybertech agrees that they do not hold any rights on domains registered/renewed through them for their Clients. It is expressly agreed to by Cybertech that a Domain Lessee who registered/renewed a domain through Cybertech, is at full liberty to transfer their domain to any other Registrar of their choice, at anytine during the validity of the domain. Clients agree that they will initiate transfers by themselves or through their new Service Provider in direct consultation with Registrar. If and when such request is made by Domain Lessee, current Registrar may request Cybertech for any approval/rejection of such a transfer; if such requests are received by Cybertech, Cybertech agrees to provide such approvals to Registrars instantly in writing. Cybertech also agrees not to reject any such requests as above under any circumstances. When a Client completes any such transfers, all services from Cybertech may cease to operate from Cybertech and no prorata refunds will be made by Cybertech. Cloud Hosting Services
Hosting services as provided by Cybertech is purely for storing your web site files, databases, emails
and related services necessary for Client's web site to be viewed all over Internet.
Cybertech will assist Clients in transfering web site files and databases to Servers as and when
the same are provided by the Client. Assistance will also be provided to Clients in transfering additional new and modified contents of web site files whenever needed.
Cybertech never provides direct access to any part of Web, Mail, Database and other Servers to Clients or any other 3rd Party under any circumstances.
Cloud eMail Services 1. Cybertech's own Mail Servers. Email accounts may be directly created and used by Clients themselves. 2. gSuite Mail Services from Google.
Email accounts may be directly created and used by Clients themselves. 3. Microsoft Office 365.
Email accounts may be directly created and used by Clients themselves. 4. Other external Servers, currently not available, Web Site Content Cybertech Clients may download web site backups as frequently as they desire. It is always a good practice to keep latest backups of your site with you. Cybertech provides FTP access to all Clients, protected by a username and passweord. It is strongly recommended that web site backup are taken at regular intervals. Responsibility for keeping a copy of your most current web site files as backup on a remote or your own local system lies with Client. CyberTech will not be responsible for any lost files, information, or data. User Responsibilities You may not initiate sites that provide any of the following of the following content or links on the CyberTech servers: Pirated Software (Warez) or any software that is copyrighted and not freely available for distribution without cost. Hacking, phreaking, viruses, anarchy, etc. IRC Bots, Spamware. Archives (music, video and program archives) Sexually explicit, obscene or pornographic content (whether in text or graphics) Speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or
that promote any illegal activity. Graphic violence. You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to
system policies as published by CyberTech, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future CyberTech policy decisions. CyberTech reserves the right to terminate any
account that does not conform to these requirements. Zero Tolerance Spam Policy CyberTech takes a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, and may be charged a one time administration fine of Rs
1000.00 if we can show proof that the user sent the e-mail from our servers or network. CyberTech reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. CyberTech
also reserves the right to make any such modifications in an emergency at our sole discretion. Cloud Hosting Service Provider's Rights You agree that CyberTech has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. CyberTech reserves the right to refuse to
post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. CyberTech also reserves the right to refuse refunds in cases where CyberTech believes abuse has taken place. CyberTech reserves the right to monitor any and all communications through or with our facilities. You agree that CyberTech is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of
privacy is afforded. CyberTech does not set a usage limit on our Cloud Hosting customers, however if a customer consumes large amounts of system resources, CyberTech reserves the right to send an e-mail notice to the customer and set a limit on the customer's
account. Uptime Warranty CyberTech warantees the service will be available 99.5% of the time for a "99.5% Uptime Warantee" to any of our customers in good financial standing. Uptime excludes (I) scheduled maintenance as posted from time to time at CyberTech,
(ii) customer's behavior or the performance or failure of customer's equipment, facilities or applications, or (iii) circumstances beyond CyberTech's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood,
strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third part software or hardware or inability to obtain raw materials, supplies,
or power used in or equipment needed for provision of your web site. Sharing of Account Space & Resale Restrictions You represent and warrant that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You agree that as a reseller, you are the individual solely responsible for all use of the account. Refund Policy CyberTech facilitates refunds if a Client desires to cancel Cybertech Services for any reason. Such refunds are not applicable to specific fees/charges including setup fees, domain registration/renewal fees and additional options charges. This is applicable in case a Client expresses their desire, in writing, to discontinue Cybertech Services witnin 15 days from date of making payment for such services, subject to exceptions mentioned. Termination CyberTech may terminate this agreement and your access to any or all CyberTech related services at any time, with or without cause, effective immediately. CyberTech shall have no responsibility to notify any third-party providers of services,
merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by CyberTech to have violated these Terms may be barred from receiving any services from CyberTech. You may terminate this Agreement at any time in writing. You may not terminate the account via the telephone or e-mail, nor does simply canceling the credit card terminate an account. No refund shall be issued. All termination requests must be
received by CyberTech at least 7 days in advance. All Hosting accounts will be automatically terminated within 7 days of expiry date unless renewed and full payment received. Relationship of the Parties Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in
any manner whatsoever. Disclaimer of Warranties / Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CYBERTECH, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CYBERTECH HOSTING SERVICE,
INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE CYBERTECH SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE
OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CYBERTECH RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT CYBERTECH IS GIVEN NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM CYBERTECH AND ITS AFFILIATES. UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON. Copyright and Trademarks All contents of the CyberTech Web Site are proprietary to CyberTech, and/or its suppliers and are protected under Copyright. All rights are reserved. CyberTech reserves any rights not expressly granted herein. Furthermore, CyberTech retains all rights to the web design provided to you through the CyberTech Hosting Services. Force Majeure If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes
beyond the control of CyberTech, CyberTech is unable to perform in whole or in part its obligations as set forth in this Agreement, then CyberTech shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make CyberTech
liable to the User. Governing Law Prevailing National law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation,
arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney
fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of Bangalore City. Arbitration Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before a legally constituted Arbitration Association. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Bangalore City. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Bangalore
City necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in
any court in Bangalore City with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all
experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party. Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to Rs 5000.00. Severability If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. Survivability The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and
assignment. Indemnification You agree to defend, indemnify and hold harmless CyberTech against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or
resulting indirectly from your use of the CyberTech service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or
any other third party right). The terms of this section shall survive the termination of your relationship with. Remedy You agree that your sole and exclusive remedy to any issues relating to the CyberTech Cloud Hosting Service is to discontinue using the Service. Assignment In the event of a merger or consolidation of CyberTech, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement. Entire Agreement Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the
parties with respect thereto. Waiver The failure of CyberTech to enforce a provision of this Agreement shall not be construed as a waiver or limitation of CyberTech's right to subsequently enforce and compel strict compliance with every provision of this Agreement. Modification of Terms CyberTech reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the CyberTech Web Site. You are responsible for regularly reviewing these documents.
Continued use of the CyberTech Services after any such changes shall constitute your consent to such changes. CyberTech does not and will not assume any obligation to notify you of any changes to these Terms.
Cybertech does not keep any information relating to Client's domain; A Client may desire to modify WHOIS records or to have additional information like auth code/other related information etc, pertaining to their domain. Client agrees that when they need such additional information, they will contact Registrars with whom their domain is registered/renewed, and request for such details. Cybertech will assist only with regard to errors relating to domain expiry dates, if any.
There is no limit to number of email IDs but mail IDs to be created for Office staff only.
Mail services are budled into basic Cloud Hosting Services.
No extra charge needs to be paid for email services.
Support relating to emails will be provided by Cybertech.
Each email box will have a capacity 512 mb.
Service is not free and charges appliy on per email box.
Charges keep changing at Google's discretion.
Services are provided on an annual basis.
Support relating to emails will be provided by Cybertech, with Google assistance.
Each Mail Box carries a storage size of 30GB.
Higher sized mail boxes are also available.
Only User mail accounts provided without admin control.
Mail Management through bundled Cybertech App.
Terms and conditions apply as available on gSuite site.
Cybertech no more offers or supports old legacy free email Services.
If any Client still using this, it is time to upgrade to gSuite for support and guidance.
Service is not free and charges appliy on per email box.
Charges keep changing at Miscrosoft's discretion.
Services are provided on an annual basis.
Support relating to Office 365 will be provided by Cybertech, with Microsoft assistance.
Each Mail Box carries a storage size of 50GB.
Only User mail accounts provided without admin control.
Mail Management through bundled Cybertech App.
Terms and conditions apply as available on Office web site.
Plenty of additional features and facilities.
No refunds will be entertained or issued after fifteen (15) days of payment date, whether in full or prorated. All refunds will be made by Demand Draft or issued back to whatever digital sources used by Client within thirty (30) days of receipt of cancellation. Accounts terminated by CyberTech for violation of the Terms of Service do not qualify for the 15-day money back guarantee. Account setup fees and domain registration/renewal fees are not refundable.
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