We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
Prior Agreements
This agreement supersedes any written, electronic, or oral communication you may have had with CadCam Solution or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
Severability
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
REVISIONS TO THIS ACCEPTABLE USE POLICY
CadCam Solution reserves the right to amend, revise or modify this Acceptable Use Policy, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
Terms of Service
sitewithus.com (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of CadCam Solution Service constitutes acceptance and agreement to CadCam Solution’s AUP as well as CadCam Solution’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of sitewithus.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber/customer understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Gujarat, India
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, customer/Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, history, account use, etc. to any law enforcement agent who makes a proper written request without further consent or notification to the customer/Subscriber. In addition CadCam Solution shall have the right to terminate all services set forth in this Agreement.
Service Rates: Customer/Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to customer/ Subscriber. Customer/Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service or, on the annual renewal date in case of services purchased annually.
Payments are accepted only in the form of crossed Demand Drafts, Cheques, Credit Cards or any other payment option communicated by company. Charges for all services are payable prior to the beginning of each service period. Failure to pay in no way relieves the customer obligations to make full payment.
CadCam Solution retains full rights to charge for or alter specifications or discontinue any of the services/ features offered under the various schemes at any time, without any prior notice.
It shall be our endeavor to set-up the server within 3 working days of the receipt of completed form along with the payment (realization). If however, there is a delay for any unforeseen circumstances, the customers are requested to kindly bear with us. Additional or customized services are available at extra cost as applicable and mentioned in the hosting scheme.
You accept that your account may be temporarily or permanently suspended without any prior notice or information to you in any event of non-payment from your side for any of CadCam Solution’s services.
Payments and Fees: Checks and Drafts returned for any reason are subject to returned item charge. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of CadCam Solution. Accounts not paid by due date may be subject to a late fee at the sole discretion of CadCam Solution. If you desire to cancel your account, please raise a ticket in the member control panel 30 days in advance. Failure to notify cancellation in advance would result in services billed and payable for the next period..
Failure to Pay: The Company may temporarily deny all services provided or terminate this Agreement upon the failure of customer/Subscriber to pay charges when due. Such termination or denial will not relieve customer/Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
In case your hosting service expired before the expiration of your domain then the Parking page of our company is shown and it is removed when the payment of hosting renewal is realized to us.
All necessary reminders shall be mailed to clients for renewals, however, if due to spam filters or technical problems, in case clients report non-receipt of reminder mails, the company cannot and shall not be held accountable for suspension or termination of an account due to non-renewal. It is the owner’s responsibility to make timely renewal payments upon year end or as the case may be to avoid suspension or termination of account.
In case of renewals for Dedicated Hosting, if the renewal remains overdue on 7th day, the hosting account will be suspended and if it is overdue on 10th day, the account shall be terminated. It would be the client’s responsibility and the company’s, to take necessary backup of data before overdue 10th day. In case the data gets lost owing to any delay in renewals, the responsibility would entirely be of clients and no dispute tickets or complaints shall be entertained by the company at any level.
Upon expiry of a domain, the registrar shall have every right to put a default parking page with its own advertisements on it. Clients acknowledge and accept the fact that in case of expired domains, restoration of domains after renewal may take at least five to ten days due to propagation factors or registrar problems. The restoration charges of a domain during redemption period would be applicable as per registrar’s policy and might be even a little higher.
Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and by the Subscribers / Customers through the member control panel
Only the authorized account holder or a authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.
Refunds
If Refund request is made by the client and he wants to terminate the services prior to completion of the tenure fixed, then it may be terminated on the following grounds as mentioned below:
A. That client always make available such a balance in his account/control panel, which is given to him with password and user name, through which his renewal of the services be done without fail and client also abide and agrees that if the services are not continued then he inform ZNet 30 days prior to renewal date of that service.
B. All Web Hosting (Linux and Windows) plans have a 30 day money back guarantee. In case you are not satisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of the activation of your account.
This 30-day refund policy does not apply to any additional items or services; this includes but is not limited to POP accounts, MySQL, and Real Audio®/Video®. Also not included are Domain Parking services, Domain Registration, VPS & Dedicated services, along with Reseller plans. No refunds are available after 30 days.
C. Cancellations After 30 Days. Subscriber may cancel his/her/its Services at any time with a valid proof of customer service failer reason, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph (b) and setup fees, if any, which are nonrefundable after 30 calendar days, receive a pro-rated refund for all other fees paid for Services, less Domain Name & RS.500/- Seup Charge.
D. Notice of Cancellation. Subscriber agrees to direct all cancellation requests to sitewithus.com via email, billing@sitewithus.com
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. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by sitewithus.com. Subscriber must also confirm to sitewithus.com that all emails, files, and databases are preserved and backed up somewhere other than sitewithus.com server space. Once confirmed the cancellation can be processed as per cancellation policy.
E. Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a Rs. 2500/- billing service fee.
However, if it is made after 30 days, then such a request would not be processed under any circumstance regarding technical, sales, billing or any reason whatsoever. Upon release of refund amount in any case by the company, the company shall not be held accountable for any delay involved in reaching of refund to the client. The company shall not answer or handle any tickets in this regard.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer/subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer/Subscriber further acknowledges that the company’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 the company be liable for any special or consequential loss, damages, or injury.
New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications, however, this process may sometimes require up to 7 business days.
For a new domain registration request, a Registrar may take at least three to seven business days factoring in on elements like holidays, internal processing issues etc. and in all such cases, the Company cannot and shall not be held liable if your domain name gets registered by some other party. In case of any dispute arising out of this, the company’s liability shall be restricted purely to making refund of the amount received by it for a new domain request and not beyond.
The company shall not be liable for any delay whatsoever occurring in the domain transfer process.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to sitewithus.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by sitewithus.com on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Support Boundaries: CadCam Solution, provides dedicated technical support to our customers/subscribers,however in accordance with purchase plan or service type. We limit our technical support to our area of expertise. The following is our guidelines when providing support: CadCam Solution provides support related to your server or virtual site physical functioning. CadCam Solution does not offer tech support for application specific issues such as cgi programming, html or any other such issue. CadCam Solution does not provide technical support for YOUR customers. If you are able to get online and have other questions, the answers may be on our Knowledge base – we encourage you to check there first.
The Skype Chat with customers/clients is only for basic help. Please do not provide your sensitive information to our agents/executives etc like login details, passwords, banking info etc on Skype Chat. You may also not make any commitments on Skype chat. All such commitments, disclosures and interactions with our team would solely be at your own risk and ZNet do not deem valid or vouch for the authenticity of all such interactions. ZNet recommends that for all complex and advanced issues customer duly raise a ticket by logging into their member control panels.
Sales Commitments
Any commitment of Sales team to client regarding availability of technical features, unless in accordance with technical specifications and plans mentioned on company website would not incur any liability upon the company. All such unsubstantiated commitments by sales team on phone or mails would not carry any weight in the eyes of company and exempt it from legal action.
If upon proper assessment and merits of a particular case, a contradiction or mismatch is detected by company management between what was committed and what was stated on website, if warranted at all, a refund on pro-rata basis would be provided, but no legal accountability will be entertained.
Ticket, Live Chat & Phone Support
Our telephone and Live Chat support is available for users to update them about the status of their problems. Phone and chat support would not at any point of time be available to render technical and support information to customers.
All clients of Shared Hosting would be allowed to create up to five (5) tickets per month and up to 5 phone support up to five (5) times. However, in case of managed Dedicated and VPS hosting clients there would be no limit on phone and ticket support. All clients of unmanaged Dedicated and VPS Hosting would be eligible to create up to eight (8) tickets per month. Resellers can create up to 7 tickets per month.
For technical and billing related issues, clients can raise tickets only via member control panel and not through emails sent to technical and billing departments. For billing and support related issues we do not entertain any emails addressed to sales and abuse departments. All such mails addressed and sent to cross-functional departments (Sales, Abuse etc) would not be answered by company. Also all such issues would not be handled by our team on Live chat.
No queries of technical and billing nature would be entertained by team on a Sales chat session. The timings for Sales and Technical chat would be 10:00 am to 7:00 pm. Any phone calls made to cross-functional departments (Sales, Abuse, etc) regarding billing or support queries would not be answered by these departments.
Other than the stipulated channels of support, the company would not entertain any query, discussion, complaint related to billing, support, or sales on a face-to-face basis.
Customers/clients may strictly desist from approaching any individual in person regarding technical support or any other issue. All such attempts would not be entertained or acknowledged by the Company.
SPAM and Unsolicited Commercial Email (UCE): CadCam Solution takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of CadCam Solution may not use or permit others to use our network to transact in UCE. Customers of CadCam Solution may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
Violation of CadCam Solution’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CadCam Solution will initiate an immediate investigation (within 48 hours of notification). During the investigation, CadCam Solution may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CadCam Solution may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, CadCam Solution reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CadCam Solution will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that CadCam Solution personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the CadCam Solution network, it is advisable that Customers develop a similar, or stricter, policy for their clients.