But Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:

1. Circumstances beyond Infotech Lab’ reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts);
2. Attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against Infotech Lab’ network;
3. Scheduled maintenance and system upgrades, or emergency maintenance;
4. Any DNS or Domain Name Registry issues outside the direct control of Infotech Lab including DNS and Registry propagation issues and expiration;
5. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g. ASP, CGI, HTML, Perl, etc.), any negligence, wilful misconduct, or use of the Customer’s account in breach of Infotech Lab Terms and Conditions and Acceptable Use Policy;
6. Issues with 3rd party e-mail systems, including refusal or rejection of e-mail by 3rd party mail systems;
7. Delays in e-mail delivery;
8. False SLA breaches reported as a result of outages or errors of any Infotech Lab measurement system;
9. Outages elsewhere on the Internet that hinder access to your account. Infotech Lab is not responsible for browser, DNS, or other caching that may make your website or e-mail appear inaccessible when others can still access it.

In order to receive a credit, customers must make a request by contacting sales team. Each request in connection with this SLA must include the following customer name, username, domain and date/time.

Credit request must be received by Infotech Lab within 30 working days at the time of unavailability of the relevant Service. If the unavailability is confirmed by Infotech Lab, credits will be applied within 30 days of Infotech Lab receipt of Customer’s credit request.

Notwithstanding anything to the contrary herein, the total amount credited to Customer in a particular month under this SLA shall not exceed the total fee paid by Customer for such month for the affected Service(s). Lastly, Credits are not refundable and can be used only towards future billing charges.

8. Retention & Backup Policy & Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Infotech Lab performs backups of shared servers; however, these backups are for Infotech Lab’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers or other third party backup service providers. Infotech Lab does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Infotech Lab’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always backup your site contents to your personal computer or third party server! We make no guarantees about the availability of backups. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Infotech Lab servers.

The system logs of the servers would be retained as a backup in our server for at least 1 (one) months from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.

But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a Infotech Lab user agree that in no case, Infotech Lab can be held responsible for the loss of data in any circumstances.

 

9. TRADEMARK AND/OR COPYRIGHT CLAIMS

Infotech Lab supports the protection of intellectual property. Further:

a) Customer shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity, or does not publish any content that is illegal while using services under this Agreement.

b) Customer acknowledges that Infotech Lab cannot and does not check to see whether any services or the use of the services by the Reseller under this Agreement, infringes legal rights of others.

c) Unless you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

d) In case of any notice received under DMCA or otherwise for Intellectual Property violation. Infotech Lab reserves the right to remove the content with or without issuing any notice to the Customer, depending upon the seriousness of the matter.

If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact us at the address mentioned in Electronic Communications / Notices of this agreement.

10. LINKS TO THIRD-PARTY WEBSITES

Services provided by Infotech Lab may contain links to third-party websites that are not owned or controlled by Infotech Lab. Infotech Lab assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Infotech Lab does not censor or edit the content of any third-party websites. By using services provided by Infotech Lab, you expressly release Infotech Lab from any and all liability arising from your use of any third-party website. Accordingly, Infotech Lab encourages you to be aware when you leave services provided by Infotech Lab and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

11. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF SERVICES PROVIDED BY INFOTECH LAB SHALL BE AT YOUR OWN RISK AND THAT SERVICES PROVIDED BY INFOTECH LAB ARE “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. INFOTECH LAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFOTECH LAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES

ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Infotech Lab ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Infotech Lab, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO services provided by Infotech Lab, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of services provided by Infotech Lab.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL Infotech Lab, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM

(I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,

(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,

(III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,

(IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,

(V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,

(VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,

(VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,

(VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,

(IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR

(X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF services provided by Infotech Lab, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Infotech Lab IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to services provided by Infotech Lab must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Infotech Lab’s total aggregate liability exceed the total amount paid by you for the particular Services that ARE the subject of the cause of action.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of services provided by Infotech Lab.

 

13. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Infotech Lab and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Infotech Lab directly or indirectly arising from (i) your use of and access to services provided by Infotech Lab; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of services provided by Infotech Lab.

 

All Infotech Lab accounts may have licenses provided by an independent Third Party Services Vendor (“TPSV”). Infotech Lab is not responsible for the actions or inaction of the TPSV or the unavailability or malfunction of their network or services.

14. FORCE MAJEURE

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

15. FEES AND PAYMENTS

Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber’s billing information, email and all other contact information. It is the Subscriber’s responsibility to verify that the information submitted is accurate to ensure proper billing and continuity of services.

Automatic Renewal of Account: As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber’s Account or Domain(s) Infotech Lab will automatically renew Subscriber’s Account, for the same duration initially selected, at the then current, non-promotional rate, by charging the applicable fee to Subscriber’s current method of payment on file. The domain registration voucher is only applicable as long as the Subscriber maintains a qualifying plan.

Automatic Renewal of Domain(s) : As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber’s domain, if registered with Infotech Lab (or one of its Affiliates), or if transferred to and registered with Infotech Lab (or one of its Affiliates), Infotech Lab will automatically renew Subscriber’s domain, by charging the applicable fee to Subscriber’s current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of Infotech Lab. Subscriber hereby releases Infotech Lab from any and all liability for failure for any reason to renew said Account or said Domain(s). Subscriber acknowledges that there may be many reasons why Infotech Lab is unable to renew said Account or Domain, including but not limited to inability of Infotech Lab, for any reason, to bill said renewal to Subscriber’s method of payment on file, to contact or otherwise get a response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said Account and/or Domain, if not renewed, for whatever reason, will expire on the Account or Domain Expiration Date, as applicable. In the event that a Domain expires, Infotech Lab will hold the expired Domain for up to 3 days as a courtesy and not as an obligation (contractual or otherwise). 3 days after expiration, the Domain will be placed in Redemption. During the Redemption period, the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of Redemption.

Cancellation of Automatic Renewal of Account or Domain:Subscriber agrees to notify Infotech Lab of Subscriber’s intent to cancel automatic renewal at least sixteen (16) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to Infotech Lab, as applicable, by sending same via email or phone. This request must include verification of ownership of the account and/or domain(s), as determined by Infotech Lab.

Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, domain privacy, and domain names are nonrefundable.

15.1 Refund Policy

Cancellations After 30 Days: Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal. There will not be any refund given for the amount already paid.

Notice of Cancellation: Subscriber agrees to direct all cancellation requests to Infotech Lab via email. The cancellation request must include verification of ownership of the account and/or domain(s), as determined by Infotech Lab. Subscriber must also confirm to Infotech Lab that all emails, files, and databases are preserved and backed up somewhere other than Infotech Lab server space.

30 Days Money back policy: We provide 30 days money back guarantee for our service. The following methods of payments are non-refundable, and refunds will be posted as a credit to the account:

” Bank Wire Transfers

” Western Union Payments

” Checks

” Money orders

There are no refunds on domain registration, domain related other services, administrative fees and installation fees.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

We will refund your money ONLY if you have any technical issue with our services.
No refund will be made if your Service(s) are suspended or terminated.
Your refund request has to be justified with valid technical issue faced due to services
If you request for a refund after 30 days, Your refund request cannot be processed.

No Refund is applicable on the monthly plans purchased.

We do not refund when customers host illegal contents such as a copyrighted mp3 file or video files. We do not allow hosting illegal contents such as mp3 or video or audio files without proper copyrights.

No refund will be made if your Service(s) is suspended (due to Email Marketing/Email Abuse/Misuse of our service/Inappropriate/Illegal/Immoral/Account Over-use) or terminated.

15.2 Change in GSTIN No:

In case the customer wishes to correct or change his GSTIN number submitted for the paid invoice, he can do so within 7 days from the date of payment. The new GSTIN number can be submitted via the Client Portal Area.

16. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

17. COMPLIANCE WITH LOCAL LAWS

Infotech Lab makes no representation or warranty that the content available on services provided by Infotech Lab are appropriate in every country or jurisdiction, and access to services provided by Infotech Lab from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access services provided by Infotech Lab are responsible for compliance with all local laws, rules, and regulations.

18. GOVERNING LAW;

Customer agrees to use the service in compliance with applicable law and this Agreement and the annexed documents, in particular, Acceptable Use Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. Further:

a) The Terms of Agreement and the relationship between you and us shall be governed by the laws of India. The Courts of law at Bangalore, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

b) If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.

c) Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

d) Customers/Visitors who choose to visit these websites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.

19. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

20. DOMAIN RENEWAL

Domain renewal notices are provided as a courtesy reminder and Infotech Lab is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. It is a responsibility of the client to verify the domain renewal is successful or not, rarely under unfortunate circumstances, domain renewal may not happen due to software error or network error or any other unknown technical reasons. If there is any issue in domain renewal, a client should get back to Infotech Lab within 7 working days. The client should update the support team to rectify the problem.

Infotech Lab accepts no liability for the loss of registration of any Domain that has failed to be renewed due to an invalid email address provided to us, late payments received or technical faults which are beyond our control.

21. DOMAIN REGISTRATION

Infotech Lab accepts no liability for the loss of any domain that has failed to register due to an invalid/insufficient information provided to us, late payments received or technical faults which are beyond our control.

22. Your Responsibilities
It is your responsibilities to comply with applicable law and obligations for the services used. In addition, You are responsible for the security of your website/content/images/files/anything stored on the server under your account and also for maintaining backup of your content and immediately removing malware/virus/malicious files.

The User is primarily responsible for the security of their account and its content, as well as maintaining a backup of their content and removing any malware or hacking components from their account. The user must comply with the applicable law and have certain responsibilities with respect to their use of the services. The user is liable for securing their Username and Password. Infotech Lab is not responsible for any issues/problems that occur due to malware/hacking even under the managed support.

 

23. PRICE CHANGE
We reserve the right to change prices and the right to increase / decrease the amount of resources given to plans at any time with or without notice.

All Infotech Lab accounts may have licenses provided by an independent Third Party Services Vendor (“TPSV”). Customer also agrees that Infotech Lab is not responsible for any price change done by the TPSV and acknowledges that any such price change may be applicable to the customer too at any time during the active service period. Infotech Lab is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Customer and the TPSV (“TPSV Dispute”). In the event of a the TPSV Dispute, Customer hereby releases Infotech Lab (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.

24. Administrative access
Infotech Lab reserves the right to reset the password on a server/website if the password on file is not current so that we may do security audits or corrections as required by our data center/other authorities. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their server on file to prevent downtime from forced password resets. Infotech Lab reserves the right to audit servers as needed and to perform administrative actions as needed. In some critical conditions, Infotech Lab will access/modify/do the necessary action in your website/server without your permission.

25. Client’s Responsibility for Legal Expenses incurred by Infotech Lab :

In the event of legal proceedings initiated against Infotech Lab on account of hosting client’s website/email/files/servers, the client agrees to pay/ reimburse Infotech Lab ( Infotech Lab ) all such amounts including and yet not limited to lawyer fees, transportation fees, court fees, cost of business loss, inconvenience fee etc. pertaining to the legal proceedings involving the Client’s account with Infotech Lab.

26. VPN (Virtual Private Network) is strictly prohibited

In the wake of increased regulations against the use of VPNs ( Virtual Private Networks), use of our servers/services for VPN (Virtual Private Network) is strictly prohibited. Infotech Lab reserves the right to take necessary action in the form of suspension or termination of accounts/ servers without REFUND, if we find customer’s using the plans purchased for creating VPNs.

27. Cloud/Backup Storage

It is the customer’s primary responsibility to take backup of cloud or backup storage products offered by Infotech Lab. We offer cloud/backup storage products without any backup guarantee and it does not support recovery of data in case of unforeseen events/issues either. Backup services are offered at an additional cost if opted by the customer. In absence of this addon in the customer’s purchase plan the backup storage will not be available.

28. Marketing/Reference

The customer grands Infotech Lab a limited licence to use any customer Trade name and Trademark for the limited purpose of referring the customer’s name in Infotech Lab’s marketing material and on Infotech Lab’s website and also use a case studies conducted on behalf or for the customer.

29. OTHERS

a) Your account & data will not be available on failure to renew the service on time. The system will automatically delete your data if you fail to renew on time.

b) Domain registration is subject to availability of domain name at the time of registration.

c) Infotech Lab cannot be held responsible for any failure of a domain or website transfer from other service providers. When transferring a domain from other service providers under some situation it may not be technically possible to transfer it successfully due to wrong EPP code or blocking the domain by other service provider or any other reasons, user understands that it is their responsibility to ensure that the domain is renewed with other service provider or transferred to Infotech Lab successfully.

e) All suspended accounts including reseller’s accounts/website will be terminated. It is the responsibility of resellers or clients to take the backup before suspending.

f) KYC/Mobile Verification
Infotech Lab reserves the right to suspend your website if KYC or mobile number verification is pending for more than 24 hours.

g) Infotech Lab’s partner companies are responsible for collecting, validating, and retaining information about their customers in accordance with applicable cybersecurity laws and regulations. If regulators request such information from Infotech Lab, we may redirect the request to the partner company responsible for the information. In addition, Infotech Lab may request partners to collect additional customer information when needed and to provide it to Infotech Lab. Should such information be required, Infotech Lab will provide instructions to partners on the appropriate process, methods, and tools to use.