WebSpecia Terms of Services

Terms of Services are applicable for all WebSpecia’s clients

TOS applies automatically to all WebSpecia clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO WebSpecia SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web site or the ” service order ” document in case of colocation and dedicated server services. In this document, WebSpecia Shared Hosting sections apply to subscribers of the Shared Hosting packages, WebSpecia sections apply to Dedicated Servers subscribers and WebSpecia Instant Colo sections apply to Colocation subscribers.

General

WebSpecia agrees to provide services described in the Service Order(s) signed by the parties(“Services”) to the customer subject to the following Terms of Service (TOS). Use of WebSpecia services constitutes acceptance and agreement to these Terms Of Service and all attachments. WebSpecia will make all reasonable efforts to provide a quality service to the Customer.

Privacy

WebSpecia will use the customer’s personal information only as reasonably necessary to provide contracted services and to collect fees owed and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes WebSpecia to use it’s name, business name and comments in marketing documents. At any time, the Customer can send a written notice to withdraw this authorization.

Bandwidth Services

WebSpecia will provide to the Customer the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the Bandwidth Services), as specified in the Service Order. In the case of servers connected on the high-quality network, the bandwidth can be used at full capacity on multiple servers simultaneously to exceed 500 MB.

Shared Hosting

The Customer agrees to use bandwidth as described in the Acceptable Usage Policy and agrees that bandwidth shall not exceed the number of gigabytes per month for the Services ordered by the Customer on the Service Order Form and that number of gigabytes is the sum of the incoming and outgoing data transfer for a period of 1 month. WebSpecia will monitor the Customer’s bandwidth usage and shall have the right to take corrective action if the Customer’s bandwidth usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges based on the per gigabyte price stated on the Service Order.

IP Addresses

Any IP Addresses allocated to the Customer by WebSpecia must be maintained by the Customer in an efficient manner as deemed by ARIN and utilized at 80% within 30 days of assignment by WebSpecia to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by WebSpecia Inc. after five days notice to the Customer. WebSpecia shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by WebSpecia Inc., and WebSpecia Inc. reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. The Customer can obtain up to 8 ip addresses for free. All ip requests must be fully justified.

Late Payment

Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts that are not collectible by WebSpecia may be turned over to an outside collection agency for collection. 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 TOS.

Changes

Upon 30 days or greater written notice prior to the end of the initial commitment, WebSpecia may change any fees payable under this Agreement.

Account Termination

The term of this Agreement shall begin upon the date the server is installed and made available to the customer and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account’s anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
Cancellation requests must be made using the “Customer Hub” control panel or in writing with the customer’s signature with at least 48 hours notice and sent to : WebSpecia , B-222 First Floor, Nehru Colony, Dehradun- 248001 India. You can also send the cancellation request by fax at 1-514-313-5632.

Refund Policy

Any prepayment is a commitment regarding the payment period that can not be refunded outside the terms of the satisfaction warranty which applies for 30 days following the opening of the account. However, when closing a product, the account may be credited with the value of advanced payments for that product. The credit may be used for further purchases at WebSpecia. The billing errors can be credited retroactively for a period of up to two (2) months.

Payment Obligation

Upon account activation, WebSpecia reserves space, equipment and resources for the customer’s needs. The Customer must pay its account even if he is not making any use of it.

Credit Authorization

The Customer hereby authorizes WebSpecia and gives consent to WebSpecia. under applicable privacy laws for WebSpecia to obtain credit information and bank and other financial references regarding the Customer for the purposes of assessing the Customer’s credit worthiness, and the Customer will promptly execute and deliver to WebSpecia such further documents and assurances and take such further actions as WebSpecia Inc. may from time to time reasonably request in order to carry out the intent and purpose of this Section.

Guaranteed Satisfaction

The Customer has 30 days following the account’s activation date to resiliate his subscription with complete reimbursement of the monthly fees paid. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site. Guaranteed network availability
WebSpecia will provide 100% transit to the Internet to all the customers who have purchased said service from WebSpecia. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site. Guaranteed electrical power
WebSpecia guarantees the electrical power supply of its datacenter to 100% for all the customers subscribed to a solution which includes an electrical supply port or an amp circuit. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our website.

Guaranteed Hardware Replacement

This guarantee is only applicable to WebSpecia customers. At any time, disfunctional Dedicated Server Hardware will be replaced within four hours. Exclusions, terms and conditions of the guarantee are posted in the Service Guarantees section of our web site.

Limitation of Liability

THE CUSTOMER ACKNOWLEDGES THAT WebSpecia. PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. WebSpecia. WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES’ ACTS, EQUIPMENT, SOFTWARE, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF WebSpecia’s LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO WebSpecia. UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL WebSpecia. BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.

Backup Copies

Shared Hosting

WebSpecia will make all possible efforts to provide a backup mechanism and keep complete backup copies of all shared hosting solutions. However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content. WebSpecia should not be held responsible of any loss of data or data corruption.

Reseller Hosting

The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by WebSpecia. to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless WebSpecia., and its officers, directors and employees (collectively, the Indemnities), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by WebSpecia. under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.

Responsibility for the Content

The customer is solely responsible for the content stored on and served by his servers.

Entire Agreement

This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, WebSpecia. MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANT-ABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement,any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties’ rights and obligations.

Server Ability and Reformation

If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion will be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

Governing Law & Juridiction

This Agreement is governed by the laws of the province of Uttarakhand and the laws of India applicable therein. The Parties irrevocably submit all disputes arising out of this Agreement to Dehradun Court, Judicial district of Uttarakhand.

Complaints

Complaints or TOS & AUP violations must be reported to abuse@webspecia.com or by post at WebSpecia , B-222 First Floor, Nehru Colony, Dehradun- 248001 India

Changes & Rights

WebSpecia may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that WebSpecia may impose from time to time, provided that the Customer has been given 30 days notice.

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