Payment Obligations: Full payment is required in advance, before hosting service is established. User grant the Company the right to debit the credit card or account User provided on the Order Form for services User signed up for, until such service is cancelled by User in writing or is cancelled by the Company according to terms of this Agreement. User warrant and represent that the information User supply in the Order Form (or other information that the Company may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment is not received by the renewal date, User account will be terminated. Once User account is terminated, User will need to pay for the reactivation charges along with the fee for the concerned service to reopen the account. There is a Rs. 100 fee for bounced cheque and a Rs. 250 processing fee for charge-backs.
Renewals: User account will be automatically renewed under the same time and fee structure unless User give written notice to the Company fifteen (15) days before the renewal date that User do not wish to renew such account. Promotions are not included in renewals.
Cancellation: All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation.
GOVERNING LAW, JURISDICTION AND VENUE. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of Government of India as those laws are applied to contracts entered into, and to be performed entirely in India. Any legal suit, action or proceeding arising out of, or relating to this Agreement, shall be commenced only in the courts in Ernakulam District, Kerala State, India, and each party hereto irrevocably submits to the personal and exclusive jurisdiction and venue of any such court in any such suit, action or proceeding and waives any right which it may have to transfer or change the venue of any such suit, action or proceeding, except that in connection with any suit, action or proceeding commenced in a state court, each party retains the right to remove such suit, action or proceeding only to the courts in Ernakulam District to the extent permissible.
Arbitration:
Not withstanding any provisions of law to the contrarily the parties hereby agree that all disputes arising in connection with this agreement shall be resolved by an arbitrator appointed by the Hon’ble High Court of Kerala, situated in India, and the decision of the arbitrator shall be final and binding on the parties. The parties also hereby agree that all expenses incurred for the above said purpose would be gone equally.
Waiver. No failure to enforce any term of this Agreement shall constitute a waiver of such term in the future unless such waiver so provides by its terms.
Assignment. Neither this Agreement nor any of the User's rights or obligations hereunder may be assigned by the User in whole or in part without the prior written approval of the Company. Any other attempted assignment shall be null and void.
Severability. If any part of this Agreement is for any reason found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected and same shall remain in effect.
Complete Agreement. This Agreement is the complete and exclusive statement of the agreement between the Company and the User with respect to its subject matter, and supersedes and voids any proposal or prior agreement, oral or written, and any other communications between the parties in relation to its subject matter. No waiver, alteration or modification of this Agreement shall be valid unless made in writing and signed by a corporate officer of the Company.
