Last updated: May 25, 2018
The following Service Terms apply only to the specific Services to which the Service Terms relate. In the event of a conflict between the terms of these Service Terms and the terms of the Zaidsoft Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of these Service Terms apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.
Zaidsoft reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you. If any such alterations constitute a material change to these Terms of Service, Zaidsoft posts an announcement on the website. Amendments and modifications shall take effect immediately when posted on the website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services and cancel your services in accordance with terms of sale / service.
For managed services, Zaidsoft takes automated daily midnight backup of the filesystem on which your website / web-application resides and uses this backup to restore the content/files in case there is any loss of data due to hardware / software failure. Kindly note that keeping minute by minute data backup is your own responsibility and Zaidsoft shall have no liability for any Data that may be lost, or unrecoverable, by reason of Subscriber’s failure to backup its Data. If your upto-minute / second data is very important /critical to you, you need to subscribe for multiple instances and have some failover / High Availability arrangements.
For self managed or un-managed services, Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto its cloud server (the “Data”).
Even with respect to Data as to which Subscriber contracts for backup services provided by Zaidsoft, Zaidsoft shall have no responsibility to preserve Data. Zaidsoft shall have no liability for any Data that may be lost, or unrecoverable, by reason of Subscriber’s failure to backup its Data.
Zaidsoft reserves the right to suspend network access to any customer if, in the judgment of the Zaidsoft network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which Zaidsoft chooses. Zaidsoft will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Zaidsoft reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
If at any time it becomes necessary for Zaidsoft to cancel a customer's service without cause, Zaidsoft will provide 30 days advance notice.
You may cancel the service at any time by using the "Cancel Service" link located on the "Subscriber Area" of our website. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
If Zaidsoft assigns Customer an Internet Protocol (IP) address for Customer's use, the right to use that Internet Protocol address shall belong only to Zaidsoft and/or Supplier, and Customer shall have no right to use that Internet Protocol address except as permitted by Zaidsoft in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN / APNIC's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Zaidsoft and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Zaidsoft shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Zaidsoft. Subscriber further acknowledges that Zaidsoft's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Zaidsoft be liable for any special or consequential damages, loss or injury. Zaidsoft is not responsible for any damages your business may suffer. Zaidsoft does not make implied or written warranties for any of our services. Zaidsoft denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Zaidsoft.
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Zaidsoft may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Zaidsoft shall have the right to terminate all service set forth in this Agreement.
You agree that your use of Zaidsoft shall be at your sole risk. All services provided by Zaidsoft are available as is, without warranty.
Zaidsoft wishes to emphasize that in agreeing to the Zaidsoft Terms of Service, customer indemnifies Zaidsoft for any violation of the Terms of Service that results in loss to Zaidsoft or the bringing of any claim against Zaidsoft by any third-party. This means that if Zaidsoft is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Zaidsoft, plus all costs and reasonable attorney's fees.
You agree that Zaidsoft may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Zaidsoft Customer Support website.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Zaidsoft and govern your use of Zaidsoft services, superceding any prior agreements between you and Zaidsoft for the use of Zaidsoft services.
The Terms of Service and the relationship between you and Zaidsoft shall be governed by the laws of the Union of India without regard to its conflict of law provisions. You and Zaidsoft agree to submit to the personal and exclusive jurisdiction of the courts located within Allahabad, India.
The failure of Zaidsoft to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Zaidsoft services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.