Terms & Conditions Of JWebMaker
Your website may use the Terms and Conditions given below.
The terms "We" / "Us" / "Our"/”Company” individually and collectively refer to JWebMaker and the terms "Visitor” ”User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this website (“Website”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.
ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or "Trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of JWebMaker.com or their breach of the terms .
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.
User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.
Your use of JWebMaker is subject to the terms and conditions set forth in these JWebMaker Terms of Service (the “Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights JWebMaker has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and JWebMaker and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.
Domain Registration Agreement
This Domain Registration Agreement ("Agreement") is between JWebMaker, as the sponsoring registrar or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here ("we," "us," "our," or "Registrar"), and you, the person or entity registering a domain or domains through JWebMaker. This Agreement sets forth the terms and conditions of your use of the domain registration services and other related services made available by us and on our website (collectively, the “Services”).
1) SELECTION OF A DOMAIN NAME.
You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party and that the domain name is not being registered for any unlawful purpose.
You agree to pay Registrar, the applicable fees for the Services. All fees payable hereunder are non-refundable.
You agree that the Agreement will remain in full force during the length of the term of your domain name registration. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred to another registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force between domain name holders and the new registrar.
4) EXPIRED DOMAIN NAMES.
You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of the domain name registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party as an expired domain transfer.
5) MODIFICATIONS TO YOUR ACCOUNT.
In order to change your account information with us, you must use your account identifier and password that you selected when you opened your account with us. Please safeguard your account identifier and password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account identifier or password.
6) DOMAIN NAME DISPUTE POLICY.
If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference.
7) DOMAIN NAME DISPUTES.
You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.
8) ICANN POLICY.
You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the registry in registering the name or (2) for the resolution of disputes concerning the domain name. Further, you acknowledge that you have read and understand the Registrant Rights and Responsibilities as outlined by ICANN: Registrant Rights and Responsibilities.
CUSTOMER WEB SERVICES PRODUCT AGREEMENT FOR LINUX/WINDOWS SHARED HOSTING
JWebMaker (hereinafter referred to as 'Parent') AND you (hereinafter referred to as 'Customer')
entered into a Customer Master Agreement ('Agreement') effective from 15th Dec 2015 of which this 'Web Services Product Agreement Extension' is a part.
WHEREAS, Parent provides Domain Forwarding, Mail Forwarding, Managed DNS;
WHEREAS, the Customer wishes to activate through Parent, Domain Forwarding or Mail Forwarding or Managed DNS Services;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
1. JWebMaker shall schedule maintenance times & inform customers for the optimisation and improvement of performance of the systems providing the services.
2. The web hosting fees are payable by the customer in advance, at the beginning of a service.
3. JWebMaker is entitled to disrupt the connection between the stored data and the internet on a temporary basis incase if user doesn't maintain JWebMaker's standard rules
Promotional Rates & Special Offers
JWebMaker agrees to provide the services stated for the price agreed at any given time only. We do not miss lead customers with hidden costs unlike many other web hosting companies.
JWebMaker may offer subsequent promotional rates or special offers. We have various special promotions that include a domain name. The cost of this domain name is usually covered under services. As a result of this, our promotions are not refundable and are not covered by our 7 days money back guarantee.
Any coupons/promotional rates/additional free service are always subject to availability hence JWebMaker shall not be responsible for any change in the services provided under special benefits.
If service unavailability of services is confirmed by JWebMaker then services will be extended for only affected paid period by JWebMaker. No credit or refund will be issued for service used under free period.
Web Hosting Usage Policy:
JWebMaker is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses. JWebMaker is a shared web hosting service, which means that a number of customers' web sites and other email or storage services are hosted from the same server. JWebMaker uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers' sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers' sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow.
STORAGE SPACE ABUSE:
JWebMaker will not tolerate any form of storage space abuse. At least 90% of YOUR web pages ("HTML") must be 'linked' with files (GIF, JPEG, etc.) stored on our servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of JWebMaker ("MANAGEMENT"), with or without prior notice.
The intention of JWebMaker is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
UNSOLICITED EMAIL & SPAMMING:
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation. JWebMaker takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will may delete YOUR account with any prior notice. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages. NOTE - If YOU use the services of another provider to promote a website hosted by or through JWebMaker ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
TECHNICAL SUPPORT BOUNDARIES :
JWebMaker provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our control panel interface, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is JWebMaker neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the control panel interface are installed as directed.
FILE SERVER :
JWeMaker provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the web-servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP. In addition, all electronic files stored within our file-servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications. File-servers will not be backed up. YOU are advised to have YOUR own backup locally or
elsewhere other than within the our servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice. This service is only available for JWebMaker's SHARED-HOSTING customers.
SMTP MAIL SERVER ABUSE :
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum filesize of 20MB per email message. If YOU violate JWebMaker policies persistently in email activities, YOUR account will be suspended and deleted.
Website Design Terms
1) All estimates/quotes given by JWebMaker are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding
2) Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by JWebMaker.com
3) Will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified. Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.Any bugs (programming errors) reported during or just after the development does not attract additional charges.
4) Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately.
5)Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although JWebMaker.com does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
6)JWebMaker takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.
7)Renewal of Domain registration & hosting etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
8) You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and softcopy of other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
9)Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
10) Regarding search engine, We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
11)You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
12) Refund request will be accepted processed only if failure of delivering desired output as mentioned in JWebMaker's quotation.
13)Training and Tutorials:
Because customer service is in integral part of our business strategy, all of our projects include a one-time complimentary training session in order for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.
Basic Annual Maintenance Package Terms:
1) All maintenance packages are for a minimum of 12 months period.
2) Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.
3) Does-not include any Digital Strategy, Business Analysis, Solution Architect, SEO and Digital Marketing work.
4) Work-hours are tracked in 15 minutes blocks. The support time is used once every month to take afull backup of your website. After that, we work on updating your CMS and plugin versions along-with any website fixes that may arise as a result of the updates. Any remaining hours can be used to make changes to the website. Any additional workhours are requested for your approval.
5) Any extra hours used will be billed separately. Support requests need to be sent via email to email@example.com
6) Any urgent tasks will be charged separately.
7) Refund request will be accepted processed only if failure of delivering desired output as mentioned in JWebMaker's quotation.
Refund and Cancellation Policy Of JWebMaker
Our focus is complete customer satisfaction. In the event, if you are displeased with the services provided, we will refund back the money, provided the reasons are genuine and proved after investigation. Please read the fine prints of each deal before buying it, it provides all the details about the services or the product you purchase.
In case of dissatisfaction from our services, clients have the liberty to cancel their projects and request a refund from us. Our Policy for the cancellation and refund will be as follows:
Cancellation Policy & Late Payment
All customers will receive invoices 15 days before the due date. Billing will continue until you cancel your hosting account Or if we're liable to adjust billing with other services in case, if no communication made by the client and continue to use our services.
It is client's responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify JWebMaker of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms & Conditions), those services will be billed on a recurring basis, unless otherwise stated in writing by JWebMaker. JWebMaker reserves the right to allocate payments to the oldest outstanding invoice on your account. JWebMaker reserves the right to adjust billing.
Any invoice that is overdue after service expiry will result in account and service suspension until account balance has been paid in full. Access to the account will not be restored until all outstanding payments have been received. We do not charge a reactivation fee.
Non-payment of outstanding service fee invoices will result in termination of the hosting service. There is no guarantee that a backup will be available.
We will try our best to create the suitable design concepts for our clients.
For Web Hosting Plan, 7-Days Money Back Gaurantee applicable ( Not applicable when you make payment after free trial & in case of refunds, Refund request has to be made within 7 days of purchase. Note that 2.5%-3.25% (Depending upon which gateway you’re using) convenience fee is inclusive of the total purchase which is charged at the time of buying is non-refundable. After successful processing transaction amount is transferred to your bank account in 18-20 business days after deducting the convenience fees. )
i) Refunds are limited to one per customer (i.e. multiple services don’t qualify or multiple signups)
ii) Refunds are not granted to accounts closed for TOS violations.
iii) Existing product upgrade or downgrade will not be refunded, user will be responsible for the acction.
If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payment gateway name payments refund will be made to the same account.
Note that If you cancel within 7 days you receive a full refund on your hosting service only. The money-back guarantee does not apply to most add-on products, such as domains, given the unique nature of their costs.
JWebMaker does not offer any refunds for cancellations for Web Hosting Plans that occur after 7 days.
ACCEPTANCE OF AGREEMENT.
*By accepting a quote, you agree to and accept the terms and conditions of JWebMaker.com Acceptance can be verbal, by email, payment of Initiation, signing a quote.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT. GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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