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Anyone signing up for the
services offered by Geeks4Help.com agree to the
following terms and conditions.
The terms and conditions for
the services offered by geeks4help.com are
governed by this document and this is posted in
the URL
http://www.geeks4help.com/terms.htm. If at
any time, it is unavailable through the
internet, you can obtain the same by contacting
our sales department.
However, you are required to refer to the above
URL for any updated terms and conditions. We may
change the terms and conditions for the services
offered by geeks4help.com without any prior
notice and we will update it in the above URL.
It is the responsibility of the clients
(hereinafter referred to as 'you' or 'your') to
check the updated terms and conditions posted by
geeks4help.com (hereinafter referred to as 'we'
or 'our' or 'us'). This Agreement shall be
construed in all respects in accordance with the
laws of India. The agreement shall not be
governed by the United Nations convention on the
international sale of goods or any other
international law or treaty. The only laws governing this
agreement are those enacted by the Govt. of
India. Exclusive venue for all disputed arising
out of or relating to the agreement shall be the
courts in Tiruchirapalli district, State of
Tamilnadu, India and each party agrees not to
dispute such personal jurisdiction and waives
all objections thereto.
Geeks4Help.com specifically
prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that we
may disclose any and all subscriber information
including assigned IP numbers, account history,
account use, etc. to any law enforcement agent
who makes a request without further consent or
notification to you. We only work on servers
which host publicly accessible websites due to
the fact that we work remotely and we cannot
determine the legality of the contents if the
site is not publicly accessible. In addition Geeks4Help.com
shall have the right to terminate all service
set forth in this Agreement. By agreeing to this
terms and conditions, clients categorically
state that their server/servers is/are not used
for any illegal acts or violation of trademarks
and copyrights.
Service Rates:
Clients agrees that the
nature of the service furnished and the initial
rates and charges have been communicated to the
client. Client is aware that we may change the
specified rates and charges from time to time.
Any promotional offer is contingent upon
Geeks4Help.com achieving and maintaining its
cost of service goals including but not limited
to rates charged to us by our suppliers.
Payment Issues:
Establishment of this service
is dependent upon receipt of payment quoted in
the website of Geeks4Help.com. Subsequent
payments should be made on or before the due
date. The service will be terminated if the
payment is not paid by the due date. Any
reinstatement of service may require a
reinstatement fee as determined by us in the due
process. If your credit card is declined by your
credit card company or bank, you will be charged
a fee of $10.00. If we could not recover any
outstanding balance, we will turn it over to an
outside collection agency for recovery purposes.
If your account is turned over for collection,
you agree to pay the company a "Processing and
Collection" Fee. If you desire to cancel your
account, please follow the proper procedure to
do this as outlined in this Terms of Service.
Refunds and chargebacks:
All payments made to us for
any of our services are nonrefundable. This
includes any setup fee and subsequent monthly
charges regardless of usage. If you issue a
chargeback to your credit card after we have
performed our service, you are liable for $100
administrative charge and any failure to pay
this charge and the charged back amount will
result in collection activities. We may, at our
discretion, hand over the collection process to
an outside collection agency.
Account Cancellation:
All requests for canceling
accounts must be sent through
email with at least 10 days notice but not more
than 30 days prior notice and it should be sent
to sales department. We are not responsible
for any lost notices. It is your responsibility
to ensure that we receive the notice without
fail. Any charges made to your credit card /
PayPal after the receipt of notice will be
credited back within one billing cycle. Client
agrees to remove (or allow us to remove), within
7 days after cancellation, various email
notifications which we have set it up during the
initial setup process. If the client fails to do
so within 7 days after cancellation, their
server IP will be reported to the SPAM databases and
further actions will be initiated to remove such
notifications.
Client acknowledges that the service provided is
of such a nature that service can be interrupted
for many reasons other than the negligence of
the geeks4help.com and that damages resulting
from any interruption of service are difficult
to ascertain. Therefore, you agree that
geeks4help.com or any of its subsidiary units or
parent company shall not be liable for any
damages arising from such causes beyond the
direct and exclusive control of the company. You
also agree that the liability for our own
negligence or the negligence of any of our
employees may not in any event exceed an amount
equivalent to charges paid by the client for the
services during the period in which the damages
occurred. In no event shall geeks4help.com or
its subsidiary units or its parent company or
any of its employees can be held responsible or
liable for any of the damages caused by the so
called "acts of god".
We
may suspend/terminate the Service offered to you
at any time for any duration of time, without
penalty or liability to geeks4help.com, where
necessary. You agree that it may be necessary
for us to temporarily suspend our Service for
technical reasons or to maintain our network,
equipment or facilities. We shall not bear any
liability whatsoever for:
-
any such suspensions/terminations of Service
-
suspension or termination of Service due to
your non-payment of amounts or deposits due
-
suspension or termination of Service due to
your unlawful or improper use of facilities or
Service
-
your inability to access any Services; or
-
suspension or termination of the Service for
any other reason at our sole discretion.
Also we are not responsible
for notification of any violation of our terms
and conditions by you. We will inform you of any
suspension or termination of your service within
10 business days.
Indemnification:
You shall indemnify and hold
us and our directors, officers and employees
harmless against all claims, loss, damages,
liability or expenses that we and/or they may
suffer or incur, directly or indirectly, arising
out of, resulting from or in connection with
your use of the Service offered by us.
Indemnification includes, but is not limited to,
claims by third parties, the installation,
presence, maintenance, and removal of any and
all equipment, the violation by you of the
Agreement in force from time to time, and legal
fees, disbursements and all other reasonable
costs incurred by us in connection with any
legal, collection or other proceedings brought
by us against you related to this Agreement.
Other provisions:
You must provide us with, and
keep current, your contact information including
your telephone number, FAX, email address,
postal address and root password.
You also agree that we can
provide the information about your server
including IP address and root password to anyone
employed or contracted by us to perform the
service offered to the client.
You also acknowledge that a
separate
service level agreement is given for
some of our services and it should be considered
as a framework on which we will try to perform
our services. We do not guarantee that we will
always be able to fulfill the service level
agreement. However, we will try our best to
commit ourselves to the service level agreement.
You also acknowledge that we
may not be able to document some of the actions
performed by us on your server. However, we will
try to document as far as possible.
You also agree that we may
download some information like log files and
history files from your server to document the
tasks performed by us on your server. You also
understand that we may need to move some other
system files away from your server to complete
the service we have promised. You give us
permission to download or move such files.
You acknowledge that we may
use third party services to offer some or part
of our services. You agree to abide by their
terms and conditions. You also allow
Geeks4Help.com to use the services offered by
third parties in fulfilling this contract.
A waiver by the Company of any breach of any
provision of this Agreement by client shall not
operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
Client shall not transfer this Agreement without
our prior written consent. However, we may
assign this agreement to others at anytime
without consent from or notice to the client. We
reserve the right to cancel customers rights
under this contract at anytime without further
obligation. We are not responsible for the
content of any other websites linked to the
geeks4help.com or any of its subsidiary units.
We do not assume any responsibility for any such
inappropriate use and any liability to any
person or party for any other person or party's
violation of this policy.
We are not responsible for any damages your
business may suffer. We do not make implied or
written warranties for any of our services. We
deny any warranty for any service offered by us.
This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by
Geeks4Help.com or its subsidiary units or parent
company or our employees.
Entire Agreement:
These Terms and Conditions represent the
complete Agreement and understanding between the
client and Geeks4Help.com with respect to the
Service and supersede any other written or oral
agreement.
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