COMING SOON!
The use of services provided by AGT VOZ VOICE [hereafter referred to as “VOZ”] constitutes agreement to these terms. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
E911 Service
Voz provides you with phone services over your broadband connection. There is an important difference between the Voz service and the phone service provided over a traditional phone line — this difference is that the 9-1-1 dialing feature with Voz has important limitations that you should be aware of and that you advise others that may use the Voz service in your residence or business.
YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE Voz SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING A VALID PHYSICAL ADDRESS.
IF YOU MOVE THE LOCATION OF WHERE YOU USE THE Voz SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION.
Additional limitations are as follows:
If you lose power or there is a disruption to power at the location where Voz is used, neither Voz nor the 9-1-1 dial feature will function until power is restored. You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the Voz device prior to utilizing the service, including the 9-1-1 dialing feature.
If your Internet connection or Broadband Service is lost, suspended, terminated or disrupted, neither Voz nor the 9-1-1 dial feature will function until the Internet connection or Broadband Service is restored.
If your Voz account is suspended or terminated, the Voz service outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing Voz as compared to traditional 911 dialing over traditional public telephone networks.
You are responsible for the accuracy and the completeness of the address that you submit to Voz for the location at which Voz will be used and to which emergency service will be sent in the event that you use the Voz 9-1-1 dialing service. You are responsible for updating and of the advising us of any and all changes to the address or location at which Voz will be used. Voz uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither Voz, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to Voz 9-1-1 dialing service unless such claims or causes of action arise from Voz ‘s gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless Voz, its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, Voz 911 dialing feature or service or access emergency service personnel.
Equipment
Voz provides all residential customers with a telephone adapter and softphone solution to use to connect to our service. This device remains the property of Voz and must be returned to cancel service or if a replacement device is issued. Users are not authorized to update the firmware, load third-party firmware, or otherwise tamper with Voz -owned devices. If a user attempts any of these things and damages the device, they will be responsible for the purchase of the device for $349.95.
Users must not attempt to reset the device to a factory default setting by using the “reset button” on the back of the device. If a user resets the device using this reset button, the user may be responsible for the purchase of the device and for all shipping costs related to reprogramming/replacement. Service credits will NOT be issued for the time the service is down due to the user-initiated device reset.
The use of any other third party PBX systems or PBX software (such as Asterisk) is strictly prohibited. Users who attempt to circumvent this restriction face immediate termination of their service. Voz reserves the right to remotely access and manage any devices connected to our network.
Miscellaneous
Voz reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. Voz also reserves the right to terminate accounts with or without reason at its sole discretion. If Voz terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If Voz terminates service for Terms of Service violation, the user is not entitled to any refund.
Calls to Alaska, Hawaii, and other offshore destinations are not included in Voz ‘s calling plans and are billable at the rates published on the international rates page.
Voicemail Storage & Messages – we do not guarantee any retention period for voicemail messages
Support
Voz provides support for using our service and provided hardware only. We do not provide troubleshooting or support for routers, computers or internet connections. The provided phone adapter has a built in router is designed to be connected directly to a modem and then your existing router or computer connected to the built in router. If you connect the Voz adapter to an existing router, we cannot provide troubleshooting for your router if service does not work properly. All support is handled through the AGT Billing and Support Portal. www.AGTPortal.com. As of January 1, 2020 we no longer provide free phone support.
Service Limitations
Due to the nature of all VoIP services, Voz service is not designed to be used for data connections with modems, home security systems, fax machines and related devices. It is optimized for voice only and you may experience issues and inconsistencies when using Voz service in non-voice scenarios.
Services Average Use Only
Voz unmetered residential and small business VoIP plans are intended for average residential or light small business use only. Any other use is strictly prohibited. Voz uses automated systems to monitor usage to detect patterns which are typical of non-residential use such as telemarketing, call center, autodialing, continuous call forwarding, frequent, excessively long calls to single numbers, etc.
All residential and small business VoIP plans are designed for customers with average usage of under 5,000 minutes per month. Accounts exceeding 5,000 minutes per month on a regular basis are not eligible for these plans. If an account exceeds 5,000 minutes in a calendar month, Voz may bill for the excess minutes above 5,000 at 1.9 cents per minute. Voz shall have sole discretion to determine whether usage is consistent with average usage or not.
Cancellations
All cancellations must be made online through the support portal www.AGTPortal.com
For more information regarding cancellation procedure, please email [email protected]
Before a cancellation can be processed, users must return the provided Voz phone adapter. If a user wishes to cancel service without returning the Voz phone adapter or service is disconnected for non-payment, a $349.95 fee for the purchase of the adapter will be charged. Users are responsible for paying service fees until the adapter is returned to Voz or purchased. Any prorated refunds due in accordance with our refund policies will be calculated based on the monthly rate being charged for service used and partial months will be rounded up to the nearest full month. Refunds will be calculated only based on funds paid to Voz as Voz -issued credits and coupons have no cash value for refund purposes.
Billing
Accounts renew automatically unless canceled. Accounts will renew on or around the anniversary of your initial order based on your selected term. All Voz services are prepaid at least one month in advance. If you have a credit card on file, Voz will bill you automatically when charges are due. Customers are responsible for all international calling usage charges and premium calls (such as 411) billed to their accounts. Voz will bill your credit card periodically for these charges automatically. These charges may be delayed at our discretion or billed at any point immediately following the completion of such calls. Promotional plans will renew at standard pricing after the initial term. Promotional pricing is only available for new customers unless explicitly stated as being available for existing customers in an offer. Existing customers that are up for renewal at standard pricing may not cancel an account and re-establish it to obtain new customer pricing as they will not be considered new customers. Standard pricing for residential VoIP and small business VoIP accounts $149 annually for annual plans and $15 monthly for monthly plans. If you do not have a credit card on file and use another accepted payment method such as PayPal which may require manual payments to be made, it is your responsibility to ensure that you have a positive account balance at all times. Voz is a prepaid service and does not provide a grace period for billing. If invoices are not paid by the due date, your account may be subject to immediate disconnection and a $55 late fee.
Right to Refuse Service
Voz reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. Voz also reserves the right to terminate accounts with or without reason at its sole discretion. If Voz terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If Voz terminates service for Terms of Service violation, the user is not entitled to any refund.
Privacy
Voz utilizes, in whole or in part, the public internet and third party networks to transmit voice and other communications. Voz makes no claims with regards to the privacy of voice packets transmitted over public networks.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Voz harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Voz , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Voz against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Voz ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
Binding Arbitration
By using any Voz service, you agree to submit to binding arbitration. If any disputes or claims arise against Voz or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of Voz ‘s choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state where AGT is incoroporated. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.
Disclaimer
Voz shall not be responsible for any damages you or your business may suffer. Voz makes no warranties of any kind, expressed or implied for services we provide. Voz disclaims any warranty or merchantability or fitness for a particular purpose. Since we use the public internet to deliver service, we cannot guarantee uptime or availability of service and do not issue refunds or credits for outages.
Change of Terms
Voz We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on this website. These changes will become binding and effective the date they are posted. No further notice by us is required upon your continued use of the services. The agreement as and when posted supersedes all previously agreed to electronic and written terms of service.
These terms cover the website design and other services known as web services from AGT. They do not take away from any other Terms of Service and will act along side them.
- Definition of Service
AGT provides clients with website design, search engine optimization (“SEO”) services, and branding services collectively known as Web Services as well as new services that may be added. You understand and agree that the Service may include certain communications from AGT, such as service announcements and administrative messages. These communications are considered part of the AGT agreement and you will not be able to opt out of receiving them – moreover, such communications, even if sent en masse, do not constitute spam but are rather communications between AGT and its client. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that AGT assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any client communications, data, information or personalization settings. AGT also assumes no responsibility for any service or system outages, which may occur from time to time.
You understand that your and third parties’ ability to access your website or any aspect of the Service depends on factors over which AGT may have no control, including but not limited to internet browser compatibility. AGT makes no warranty that all components of your website or Service will be functional across all browsers or upon browser updates.
- Payment for Services
In order for AGT to sustain operations and to provide competitive pricing, clients are responsible for prompt payment of invoices. Account balances over 5-days past due are subject to a 15% per month late charge, or $100.00, whichever is greater. AGT has the right to suspend service until payment is received. If further action is warranted, the client will be responsible for all collection costs, including but not limited to court costs, filing fees and reasonable attorneys fees.
The preferred method of payment is by credit card. Charges to customer credit cards are made on a secure server. The client may pay directly online, or contact the Billing department to submit and authorize credit card payments, or establish a recurring charge for monthly payments.
- Eligibility; Authority
In consideration of your use of the Service, you represent that you are of legal age and capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the AGT Client Agreement and (b) maintain and promptly update this data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AGT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AGT has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
If you are agreeing to these Terms of Service on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Service. If, after your agreement to these Terms of Service, AGT finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Service. AGT shall not be liable for any loss or damage resulting from its reliance on any instruction, notice, document or communication reasonably believed by AGT to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, AGT reserves the right (but undertakes no duty) to require additional authentication from you.
- Privacy Policy
The AGT Privacy Policy, which is incorporated by reference herein, is posted on the home page of www.AGTOL.com.
- Account, Password, and Security
Given the nature of your website, you may receive a password(s) and account designation upon AGT’s completion of the site design process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to a) immediately notify AGT of any unauthorized use of your password or account or any other breach of security and b) ensure that you exit from your account at the end of each session. You expressly agree that AGT shall not be liable for any loss or damage arising from your failure to comply with this Section.
- Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not AGT, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. AGT does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will AGT be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) manipulate identifiers (including but not limited to, forging headers, using false identities/logos in emails) in order to disguise the origin of any Content transmitted through the Service;
e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or illegally obtain any personal, financial or confidential information;
h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
j) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
k) Stalk or otherwise harass another; and/or;
l) collect or store personal data about other clients in connection with the prohibited conduct and activities set forth in items “a” through “m” above.
You acknowledge that AGT may or may not pre-screen Content, but that AGT and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, AGT and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You acknowledge, consent and agree that AGT may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of AGT, its clients and the public.
- Interstate Nature of Communications
You understand that when your website is built by AGT or you use any AGT services, you may be causing communications to be sent computer networks located in other states and/or abroad. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service may result in interstate data transmissions. Further, depending on the content of your site, this interstate nature may subject you to fall under the jurisdiction of another state/locale. However, in any and all disputes and/or claims involving you and AGT, the laws and jurisdiction of the State where AGT is incorporated apply.
- Special Attention for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Moreover, if you are visiting this Site from a country other than the United States, your communications with us may result in the transfer of information (including but not limited to your personal and/or business information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
- Ownership & Rights to Content
AGT does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant AGT worldwide, royalty-free and non-exclusive license(s) to display the Content on your behalf and to include and disseminate said content in any marketing and/or promotional materials for AGT or any of its affiliates, in AGT’s sole discretion.
You agree to bear the responsibility of ensuring that all licensing requirements are fulfilled for Content as appropriate.
- Indemnity
You agree to indemnify and hold AGT and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to court costs and reasonable attorneys’ fees, made by any third party related to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, including without limitation any intellectual property created on your behalf by AGT.
- General Practice Regarding Use & Storage
You acknowledge that AGT may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on AGT’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that AGT has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You understand that your failure to pay any invoices and/or failure to comply with the terms of your client agreement or any AGT policies constitutes grounds for AGT to discontinue your use of the service and delete any and all content from the service. You further agree to indemnify and hold AGT harmless from any claim or demand, including but not limited to court costs and reasonable attorney fees, made by any third party related to or arising from the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
You acknowledge that AGT reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that AGT reserves the right to modify these general practices and limits from time to time.
- Modification of Service
AGT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AGT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Termination
You agree that AGT may, under certain circumstances and without prior notice, immediately terminate your AGT account, any associated email address, and access to the Service. Cause for such termination may include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your AGT account includes removal of access to all offerings within the Service. Further, you agree that all terminations for cause shall be made in AGT’s sole discretion and that AGT shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
- AGT’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by AGT, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
- Limitations of Liability
You expressly understand that service outages may occur and and agree that AGT and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AGT has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the service.
- No Third-Party Beneficiaries & Assignments
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement. This contract cannot be assigned to a third-party.
- Notice
AGT may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service or online only depending on the notice.
- Trademark Information
The trademarks and service marks and other AGT logos and product and service names are trademarks of AGT. Without AGT’s prior permission, you agree not to display or use in any manner the AGT Marks.
- Copyright & Intellectual Property
AGT respects the intellectual property of others. Our Copyright & Intellectual Property Policy is posted on the home page at www.AGTOL.com and is incorporated in the Client Agreement.
- Email Service
AGT may, at its own discretion, provide basic email service through a third party. Any such email service is provided by AGT only as a client courtesy. AGT expressly disclaims any warranty over the safety, availability or quality of the third party email service. AGT further recommends Client utilize their own email service, including but not limited to Teklinks, Outlook, Mac Mail, etc. Client expressly understands that AGT is not liable for any email outages, deletion of email content, spam or potential computer viruses resulting from the use of the AGT email service. Moreover, Client expressly indemnifies and holds AGT harmless from any and all claims and damages (whether from Client or any third party), including but not limited to court costs and reasonable attorney fees, arising from or related to any email outages, deletion of email content, spam or other potential computer viruses resulting from the use of the AGT email service. Client also expressly understands that AGT is under no duty to restore any lost/damaged/deleted emails and/or data from Client’s account using the AGT email service. This is only in the event client does not have hosting with AGT if hosting is with AGT then the email will be covered with the hosting package.
- General Information
Entire Agreement. Your Client Agreement, which includes the TOS and Copyright and Intellectual Property Policy, constitutes the entire agreement between you and AGT and governs your use of the Service, superseding any prior agreements between you and AGT with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AGT services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and AGT shall be governed by the laws of the State where AGT is incorporated. You and AGT agree to submit to the personal and exclusive jurisdiction of the courts located within the state where AGT is incorporated.
Waiver and Severability of Terms. The failure of AGT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. 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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose, regardless of when you discovered such claim, or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
- Cancellation
Services may be terminated by Client by providing the request at anytime if a contract has been sign with AGT then notice will need be in a thirty (30) day notice of cancellation. Once the termination is requested at any stage the termination process will begin and will not stop until the account is cancelled. Client must submit notice of termination by completing the cancellation online https://www.AGTPortal.com/ or by informing their client manager or sales representative they wish to cancel. Any termination submitted through AGT’s portal is subject to the terms provided at https://www.AGTPortal.com/. Any notice of termination not received in the manner of the portal or via account manager or sales rep will not be accepted under any circumstances. Should the Client terminate services, Client shall be immediately responsible for all outstanding invoices including any additional hosting costs for the duration of the cancellation period. Once the account is settled in full, client can request a copy of all site files and resource files used in the care of their account.
-
ADMIN ACCESS
Effective January 01, 2021 AGT Solutions will require that a member of our company have and keep admin access to your website at all times. If for any reason we are not able to log into the website to check and perform security updates this will constitute a violation of these terms which will result in the suspension and or termination of your account. If this happens additional fees will be added. If you have any questions or concerns please reach out on our portal or contact your sales representative directly. -
SECURITY
Our company must maintain admin access to your website especially if it has had issues in the past and has been locked or suspended to protect our network. If we are not able to login to update and perform a security check on your website your account will be suspended. For the security of our network we do not allow outside developers, designers or marketers into our network without prior authorization. If you would like to use an outside developer, designer, marketer or other member of your web design staff please seek authorization through our portal. Failure to do so will result in your account being suspended and additional charges to your account. Please contact your representative for more or fill out a support ticket for both authorization and clarification on this before adding anyone as an admin to any website hosted or designed by our company. This paragraph does not take away from the hosting security paragraph but adds to it and acts in accordance with it.
CUSTOMER MASTER AGREEMENT
This Customer Master Agreement is made, entered into and executed on May 11, 2021 updated on December 26, 2021 (hereinafter referred to as the “Effective Date”)
BETWEEN:-
AGT Solutions (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term “Customer” shall refer to such entity.
(The Parent and the Customer may be referred to individually as a “Party” and collectively as the “Parties”).
WHEREAS the Parent provides various Products and Services;
AND WHEREAS the Customer wishes to purchase Parent’s Products and 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. DEFINITIONS
(1) “Advance Account” refers to the credit balance maintained by the Customer with the Parent.
(2) “Agreement” refers to this Customer Master Agreement alongwith all its appendices, extensions and amendments at any given point in time.
(3) “Business Day” refers to a working day between Mondays to Friday excluding all Public Holidays.
(4) “Clear Balance” refers to credit in the Customer Advance Account after deducting any accrued liabilities, Locked Funds and debited amounts.
(5) “Confidential Information”, as used in this Agreement shall mean all data, information and materials including, without limitation, computer software, data, information, databases, protocols, reference implementation, documentation, functional and interface specifications, provided by Parent to the Customer under this Agreement, whether written, transmitted, oral, through the Parent Website or otherwise, that is marked as Confidential.
(6) “Customer Contact Details” refers to the Contact Details of the Customer as listed in the OrderBox Database.
(7) “Customer Control Panel” refers to the set of Web-based interfaces provided by the Parent and its Service Providers to the Customer which allows him to Manage Orders.
(8) “Customer Product Agreement Extension” refers to the latest version of a Specific Customer Product Agreement Extension as posted in the Customer Control Panel or on the Parent Website.
(9) “OrderBox” refers to the set of Servers, Software, Interfaces, Parent Products and API that is provided for use directly or indirectly under this Agreement by the Parent and/or its Service Providers.
(10) “OrderBox Database” is the collection of data elements stored on the OrderBox Servers.
(11) “OrderBox Servers” refer to Machines / Servers that Parent or its Service Providers maintain to fulfill services and operations of the OrderBox.
(12) “OrderBox User” refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the “OrderBox” by the Customer, directly or indirectly.
(13) “Order” refers to a Parent Product purchased by the Customer having a unique Order ID in the OrderBox Database.
(14) “Parent Products” refer to all Products and Services of Parent which it has provided/rendered/sold, or is providing/rendering/selling.
(15) “Parent Servers” refer to web servers, Mailing List Servers, Database Servers, OrderBox Servers and any other Machines / Servers that Parent or its Service Providers Operate, for the OrderBox, the Parent Website, the Parent Mailing Lists, Parent Products and any other operations required to fulfill services and operations of Parent.
(16) “Parent Website” refers to agt.myorderbox.com.
(17) “Service Providers” refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that Parent or its Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Parent Products, OrderBox, and any other services and operations of Parent.
(18) “Prohibited Persons refers to individuals, organizations or entities located in certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations, entities, or domain names, including without limitation, “Specially Designated Nationals” (“SDN”), as listed by the government of the United States of America through the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), with whom all or certain commercial activities are prohibited.
2. CUSTOMER PRODUCT AGREEMENT EXTENSIONS
(1) The Customer may purchase various Parent Products in the course of their relationship with Parent under this Agreement, by submitting to Parent, in a form and manner prescribed by Parent, one or more Customer Product Agreement Extensions, which shall then be included as a part of this Agreement.
(2) Any conflicting definitions, terms and conditions in a Customer Product Agreement Extension shall take precedence over the same definition, terms and conditions in this Agreement, and shall be applied only to that Customer Product Agreement Extension.
(3) The Customer agrees to adhere to the SiteLock Terms and Conditions, available at https://www.sitelock.com/terms.php, that are incorporated herein and made a part of this Agreement by reference.
(4) The Customer agrees to adhere to the CodeGuard Terms and Conditions, available at https://codeguard.com/pages/terms-of-service, that are incorporated herein and made a part of this Agreement by reference.
(5) The Customer agrees to adhere to the Google Terms and Conditions, available at http://www.google.co.in/intl/en/policies/terms/regional.html, that are incorporated herein and made a part of this Agreement by reference.
(6) The Customer agrees to adhere to the Google Privacy Policy, available at http://www.google.com/intl/en/policies/privacy/, that are incorporated herein and made a part of this Agreement by reference.
(7) The Customer agrees to adhere to the Google Apps for Business (Online) Agreement, available at https://www.google.com/intx/en_in/work/apps/terms/2013/1/premier_terms.html, that are incorporated herein and made a part of this Agreement by reference.
(8) If the Customer selects and purchases any Parent Products which include a product named as “Impress.ly” the Customer hereby understands, acknowledges and accepts that the Customer shall be bound by the terms and conditions provided by AppMachine B.V. at: 1. http://www.impress.ly/docs/EULA.pdf and 2. http://www.impress.ly/docs/Impressly-privacy-and-cookie-statement.pdf (collectively refered to as “Impress.ly Term and Condition”). Save as otherwise provided in the Impress.ly Terms and Conditions with respect to the use and operation of Impress.ly, any transaction or matter between the Customer and Parent pertaining to purchase of the Parent Products i.e. Impress.ly shall be governed in accordance with this Agreement.
(9) If the Customer selects and purchases any Parent Products which include secure sockets layer certificate either provided by the Parent through its Service Providers under a single brand i.e. Comodo SSL or in combination with the other brands of the Parent or the Service Providers, the Terms of Service and other polices (if any) available at https://ssl.comodo.com/terms.php (collectively referred to as “Comodo SSL Terms of Service”), with respect to the products of said brand shall be applicable and the Customer shall comply with such terms and conditions and privacy policy.
The Parent does not endorse or assure the quality, availability, or timeliness or any other assurance in relation to product or services provisioned by non-AGT website(s).
(10) If the Customer selects and purchases any Parent Products which includes hosting services either provided by the Parent through its Service Providers under a single brand i.e. Hostgator or in combination with the other brands of the Service Providers, the acceptable usage policy,the privacy policy Copyright Infringement and Terms of Service Policy available at http://www.hostgator.com/tos/acceptable-use-policy, http://www.hostgator.com/privacy, http://www.hostgator.com/copyright, http://www.hostgator.com/tos respectively, with respect to the products of said brand shall be applicable and the Customer shall comply with such terms and conditions and privacy policy.
For avoidance of doubt it hereby clarified that all other terms, conditions and policies of the Parent shall be applicable with respect to the foregoing products unless otherwise expressly mentioned in the foregoing sentence.
(11) If the Customer selects and purchases any Parent Products which include hosting services either provided by the Parent through its Service Providers under a single brand i.e. BlueHost or in combination with the other brands of the Service Providers, the Terms of Service and other polices (if any) available at https://www.bluehost.com/terms (collectively referred to as “Bluehost Terms of Service”), with respect to the products of said brand shall be applicable and the Customer shall comply with such terms and conditions and privacy policy.
The Parent does not endorse or assure the quality, availability, or timeliness or any other assurance in relation to a product or services provisioned by non-AGT website(s).
3. OBLIGATIONS OF PARENT
Parent shall make available the latest versions of this Agreement and Customer Product Agreement Extensions in the Customer Control Panel or on the Parent Website.
4. OBLIGATIONS OF THE CUSTOMER
(1) The Customer acknowledges that in the event of any dispute and/or discrepancy concerning any data element of an Order or the Customer in the OrderBox Database, the data element in the OrderBox Database records shall prevail.
(2) The Customer acknowledges that all information of the Customer in the OrderBox, including authentication information is accessible to Parent and its Service Providers
(3) The Customer shall comply with all terms or conditions established by Parent and/or its Service Providers from time to time.
(4) The Customer agree to provide, maintain and update, current, complete and accurate information for all the data elements about the Customer in the OrderBox Database.
(5) Customer acknowledges that Parent Products maybe obtained through Service Providers, and as such, changes in structure, or contracts may occur, and as a result services may be adversely affected. Customer acknowledges and agrees that Parent shall not have any liability associated with any such.
(6) During the term of this Agreement and for three years thereafter, the Customer shall maintain the following records relating to its dealings with Parent and their Agents or Authorized Representatives:-
(1) In electronic, paper or microfilm form, all written communications with respect to Parent Products.
(2) In electronic form, records of the accounts of all, current / past Orders with the Customer, including dates and amounts of all payments, discount, credits and refunds.
The Customer shall make these records available for inspection by Parent upon reasonable notice not exceeding 14 days.
(7) Customer shall not transact with or act on behalf of any Prohibited Person. If Customer is a Prohibited Person, Customer is prohibited from registering or signing up with, subscribing to, or using any Parent Product, or participating in the Customer program. Any violation of this provision (“OFAC Provision”) as determined in Parent’s sole discretion, may result in the suspension and/or termination of the Customer account and the termination of this Agreement without a refund or compensation of any kind to Customer.
5. REPRESENTATIONS AND WARRANTIES
Parent and Customer represent and warrant that:-
(1) they have all requisite power and authority to execute, deliver and perform their obligations under this Agreement;
(2) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against the Customer and Parent in accordance with its terms;
(3) The execution, delivery, and performance of this Agreement and the consummation by Parent and the Customer of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:-
(1) any provision of law, rule, or regulation;
(2) any order, judgment, or decree;
(3) any provision of corporate by-laws or other documents; or
(4) any agreement or other instrument.
(4) the execution, performance and delivery of this Agreement has been duly authorized by the Customer and Parent;
(5) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby;
The Customer represents and warrants that:
(1) the Customer has read and understood every clause of this Agreement
(2) the Customer has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement
(3) the Customer is not a Prohibited Person and is not acting on behalf of a Prohibited Person; and
(4) the Customer is eligible, to enter into this Contract according to the laws of the Customer’s country
6. RIGHTS OF PARENT AND SERVICE PROVIDERS
(1) Parent and Service Providers may change any information, including Authentication Information of the Customer in the OrderBox Database upon receiving authorization from the Customer in any form as maybe prescribed by Parent from time to time.
(2) Parent and Service Providers may provide/send any information in the OrderBox Database, about the Customer, including Authentication information
(1) to the Customer Contact Details
(2) to any authorized representative, agent, contractee, employee of the Customer upon receiving authorization in any form as maybe prescribed by Parent from time to time
(3) to the Service Providers
(3) Parent and Service Providers in its own discretion can at any point of time temporarily or permanently cease to sell a Parent Product
(4) Parent reserves the right to change pricing, minimum order levels, and discounts, of any Parent Product , at any time.
(5) Parent and Service Providers, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Parent may refund the fees charged for the Order, after deducting any processing charges for the same.
(6) Parent and Service Providers, in their sole discretion, without notice, expressly reserve the right to modify, upgrade, freeze the OrderBox, and its associated Services.
(7) Notwithstanding anything to the contrary, Parent and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, access, delete, suspend, deny, cancel, modify, intercept and analyze traffic of, copy, backup, access data of, redirect, log usage of, monitor, limit access to, limit access of, take ownership of or transfer any Order, or to delete, suspend, freeze, modify OrderBox Users’ access to OrderBox, or to modify, upgrade, suspend, freeze OrderBox, or to publish, transmit, share data in the OrderBox Database with any person or entity, or to contact any entity in the OrderBox Database, in order to recover any Payment from the Customer for any service rendered by the Parent including services rendered outside the scope of this agreement for which the Customer has been notified and requested to remit payment, or to correct mistakes made by Parent or its Service Providers in processing or executing an Order, or in the case of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or incase of Termination of this Agreement, or if Parent learns of any such event which Parent reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Parent Products and the OrderBox, or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in compliance with any agreements executed by Parent, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Customer and/or its Agents or any other authorized representatives of the Customer violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, or Parent learns of the possibility of any such violation, or authorization from the Customer in any manner that Parent deems satisfactory, or for any appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
(8) Incase of Orders involving web services, Parent and Service Providers can choose to redirect any Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid information to direct it to any destination. Customer acknowledges that Parent and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Customer, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Customer or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.
(9) Parent has the right to rectify any mistakes in the data in the OrderBox Database with retrospective effect.
(10) Parent and Service Providers reserve the right to prohibit the use of any of their services in connection with any Country-Code Top Level Domain Name (“ccTLD”) of any Sanctioned Country.
(11) Parent and Service Providers expressly reserve the right to suspend or terminate Customer’s account, without prior notice and without issuing a refund or compensation of any kind, if Parent or Service Provider determines in its sole discretion, that Customer has violated the OFAC Provision in Section 4. Parent and Service Provider shall not be liable for any loss or damages resulting from such action whether such loss or damage is incurred by the Customer, or a third party. Parent will not directly or indirectly refund any amounts to any Prohibited Person, including without limitation, any amounts in a Customer’s Advance Account.
7. TERMS OF AGREEMENT AND RENEWAL
(1). Subject to the term of this Agreement, the initial term of the Order purchased by the Customer shall be for the period set forth in the registration form presented to the Customer at the first time purchasing the Order (the “Initial Term”). Unless the Customer cancel prior to the end of the Initial Term, the Term shall automatically renew for successive periods (each a “Renewal Period”) of equal length as the Initial Term, unless otherwise the Customer elects not to renew at the end of the Initial Term or Renewal Period by giving a written notice of 30 days prior to expiry of Initial Term or the Renewal Period, as the case may be. For the purpose of this section Term shall include Initial Term or Renewal Period as the context may arise. Company reserves the right at its sole discretion to charge cancellation fees for accounts that are cancelled after said period.
The Customer acknowledges, agrees, and authorizes the Parent to automatically bill the applicable fee and/or charge your Advance Account and/or Card Information (as defined herein below) or other payment account on file, if any, for each Renewal Period, unless the Customer terminates or cancels the Order prior to such charge as provided in this section.
(2) This Agreement shall be terminated in accordance with the Section 8 (TERMINATION OF AGREEMENT).
8. TERMINATION OF AGREEMENT
(1) Either Party may terminate this Agreement and/or any Customer Product Agreement Extension at any time by
(1) giving a 30 (Thirty) days notice of termination delivered as per Section 26 (NOTICE) and paying any additional fees for the cancellation that may apply.
(2) With immediate effect, if the other Party is adjudged insolvent or bankrupt, or if proceedings are instituted by or against a Party seeking relief, reorganization or arrangement or compromise or settlement under any laws relating to insolvency, or seeking any assignment for the benefit of creditors, or seeking the appointment of a receiver, liquidator or trustee of a Party’s property or assets or the liquidation, dissolution or winding up of a Party’s Business.
(2) Parent may Terminate this Agreement and/or any Customer Product Agreement Extension by notifying the Customer in writing, as of the date specified in such notice of termination under the following circumstances
(1) In the event that the Customer or an Agent / Employee / Authorized Representative of the Customer materially breaches any term of this Agreement and/or any Customer Product Agreement Extension, including any of its representations, warranties, covenants and agreements hereunder and we reserve the right to charge and bill for our cancellation fee
(2) There was a material misrepresentation and/or material inaccuracy, and/or materially misleading statement in Customer’s Application to Parent and/or any material accompanying the application.
(3) With immediate effect if :-
(1) the Customer is convicted of a felony or other serious offense related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Parent reasonably deems as the substantive equivalent of any of these; or
(2) the Customer is disciplined by the government of its domicile for conduct involving dishonesty or misuse of funds of others.
(3) as provided for in Appendix ‘A’ and Appendix ‘C’
(4) if Any officer or director of the Customer is convicted of a felony or of a misdemeanor related to financial activities, or is judged by a court to have committed fraud or breach of fiduciary duty, or is the subject of a judicial determination that Parent deems as the substantive equivalent of any of these;
(3) Customer may Terminate this Agreement and/or any Customer Product Agreement Extension by notifying Parent in writing, as of the date of receipt of such notice, in the event that the Customer does not agree with any revision to the Agreement or any Customer Product Agreement Extension made as per Section 14 (RIGHT TO SUBSTITUTE UPDATED AGREEMENT AND Customer Product Agreement EXTENSIONS) within 30 days of such revision. Company can at is sole discretion waive the account cancellation penalty that may be associated.
(4) Any Product Agreement Extension shall terminate with immediate effect in the event that
(1) Parent ceases to sell the particular Parent Product covered under that Product Agreement Extension
(2) Parents contract with Service Provider for the particular Parent Product terminates or expires without renewal
(5) Effect of Termination of this Agreement
(1) Parent shall suspend all OrderBox Users’ access to the OrderBox, Parent Servers and all Parent Products and Services, under this agreement and all Customer Product Agreement Extensions, immediately upon receiving Termination notice from the Customer or upon learning of any event, which Parent reasonably determines, would lead to Termination of the Agreement.
(2) Upon expiration or termination of this Agreement, all Customer Product Agreement Extensions signed by the Customer shall deemed to have been Terminated with immediate effect
(3) Upon expiration or termination of this Agreement, Parent may complete the processing of all Orders requested to be processed, in the order that they were requested to be processed, by the Customer prior to the date of such expiration or termination, provided that the Customer’s Advance Account with Parent has Clear Balance sufficient to carry out these Orders. If Parent is unable to fulfill these Orders then the charges levied to the Customer for these Orders will be reversed
(6) Effect of Termination of any Customer Product Agreement Extension
(1) Parent may suspend OrderBox Users’ access to applicable Parent Products and Services , and the OrderBox immediately upon receiving Termination notice from the Customer or upon learning of any event, which Parent reasonably determines, would lead to Termination of any Customer Product Agreement Extension
(2) Upon expiration or termination of any Customer Product Agreement Extension, Parent may complete the processing of all Orders, of that Parent Product, in the order that they were requested to be processed, by the Customer prior to the date of such expiration or termination, provided that Parent is in a position to fulfill these Orders, and the Customer’s Advance Account with Parent has Clear Balance sufficient to carry out these Orders. If Parent is unable to fulfill these Orders then the charges levied to the Customer for these Orders will be reversed
(3) Parent may transfer all Orders falling under the purview of the specific Customer Product Agreement Extension to another Customer or Parent.
(7) Any pending balance due from the Customer at the time of termination of this Agreement or any Customer Product Agreement Extension will be immediately payable.
(8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement or any Customer Product Agreement Extension in accordance with its terms, unless specified otherwise .The Customer however shall be liable for any damage arising from any breach by it of this Agreement or any Customer Product Agreement Extension.
9. FEES/ADVANCES/RENEWALS
(1) The Customer shall pay all applicable fees/advances as per the Payment Terms and Conditions set out in Appendix ‘C’; In addition to the foregoing, the Customer agrees by purchasing the Order(s) the Parent shall be allowed to place the Customer’s account on a recurring payment plan. Unless the Customer disable the automatic renewal option by selecting appropriate option in the Customer Control Panel, the Parent shall have the right to automatically renew the Order(s) when it comes up for renewal and will take payment from the payment method the Parent have on file. For avoidance of doubt it is agreed between the Parties that auto-renewal shall be available for all Order(s) (except for the “Digital Certificates”).
The Customer acknowledges, agrees and authorizes the Parent or its Service Providers to seek, demand, capture, process, transfer and store your debit/credit card information (the “Card Information”) when the Customer is making any purchase or renewing the Order(s) and have selected the auto-renewal and recurring payment plans.
The Customer agrees and acknowledges that auto-renewal subjected to recurring payment plans may fail in the following scenarios:-
a. If the Customer disables auto-renewal for any Order, at any time;
b. If the Customer deletes any Card Information on record from the Customer Control Panel, the Card Information expires, or insufficient of funds or exceeds its permissible limit;
c. If the OrderBox is unable to successfully carry out auto-renewal of the Order(s) in cases including, but not limited to, the Order being locked/suspended, an action waiting to be processed etc. in accordance with this Agreement;
In such event, the Customer agrees and acknowledges that the Customer shall be responsible to manually track of and renew the Order(s).
(2) Parent will charge a non-refundable fee for an Order unless stated otherwise in any Product Agreement Extension. The applicable fees will be displayed in the Customer Control Panel or on the Parent Website and during the Ordering Process. Parent has the right to revise this pricing at anytime. Any such revision or change will be binding and effective immediately on posting of the revision in the Customer Control Panel or on the Parent Website or on notification to the Customer via email to the Customer.
(3) Customer acknowledges that it is the Customer’s responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Customer, and not as a binding commitment, we may notify the Customer of any expiring Orders, via an email message and/or SMS alert sent to the contact information associated with the Customer in the OrderBox database. Should renewal fees go unpaid for an Order, the Order will expire.
The Customer agrees to expressly authorize Parent to send Order related transactional SMS messages, even in the case that the Customer’s mobile number is listed as DND with the concerned Telecom Regulatory Authority.
(4) Customer acknowledges that after expiration of the term of an Order, Customer has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to Parent. Parent and Service Providers may make any modifications to said Order or any information associated with said Order. Parent and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Parent and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Parent and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Parent and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Parent and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Customer acknowledges that Parent and Service Providers shall not liable to Customer or any third party for any action performed under this clause.
(5) Parent at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.
(6) Parent makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.
10. LIMITATION OF LIABILITY
IN NO EVENT WILL PARENT OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE CUSTOMER FOR ANY LOSS OF REGISTRATION AND USE OF DOMAIN NAME, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PARENT AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PARENT FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;
(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS;
(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR PARENT PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;
(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Parent by the Customer, then in no event will the liability of Parent exceed actual amount paid to Parent by the Customer for the Order in question minus direct expenses incurred with respect to that Order.
BOTH PARTIES ACKNOWLEDGE THAT THE CONSIDERATION AGREED UPON BY THE PARTIES IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF THE PARENT RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT PAID TO PARENT BY THE CUSTOMER DURING THE MOST RECENT THREE (3) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.
11. INDEMNIFICATION
(1) The Customer, at their own expense, will indemnify, defend and hold harmless, Parent, Service Providers, and the contactors, employees, directors, officers, representatives, agents and affiliates, of Parent, and Service Providers, against any claim, suit, action, or other proceeding brought against Parent or Service Providers based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Parent Products provided hereunder or use of the Parent Products, including without limitation:-
(1) infringement by either the Customer, or someone else using a Parent Product with the Customer’s computer, of any intellectual property or other proprietary right of any person or entity
(2) arising out of any breach by the Customer of this Agreement.
(3) relating to or arising out of any Order or use of any Order
(4) relating to any action of Parent as permitted by this Agreement
(5) relating to any action of Parent carried out on behalf of Customer as described in this Agreement
(2) Parent will not enter into any settlement or compromise of any such indemnifiable claim without Customer’s prior written consent, which shall not be unreasonably withheld.
(3) The Customer will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys’ fees and costs awarded against or otherwise incurred by Parent in connection with or arising from any such indemnifiable claim, suit, action or proceeding.
12. INTELLECTUAL PROPERTY
Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Parent to the Customer, or by any disclosure of any Confidential Information to the Customer under this Agreement.
Customer shall further ensure that the Customer does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Customer acknowledges that Parent cannot and does not check to see whether any services or the use of the services by the Customer under this Agreement, infringes legal rights of others.
13. OWNERSHIP AND USE OF DATA
(1) Customer agrees and acknowledges that Parent owns all data, compilation, collective and similar rights, title and interests worldwide in the OrderBox Database, and all information and derivative works generated from the OrderBox Database.
(2) Parent and Service Providers and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Parent or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.
14. DELAYS OR OMISSIONS; WAIVERS
No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing duly executed and delivered.
15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT
(1) During the period of this Agreement, the Customer agrees that Parent may:-
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement
(2) Any such revision or change will be binding and effective immediately on posting of the revision in the Customer Control Panel or on the Parent Website
(3) The Customer agrees to review the Customer Control Panel and Parent Website including the agreements, periodically, to be aware of any such revisions
(4) If the Customer does not agree with any revision, the Customer may terminate this Agreement according to Section 8(3) of this Agreement
(5) The Customer agrees that, continuing use of the services under this Agreement following notice of any revision, will constitute as an acceptance of any such revisions or changes
(6) The Customer shall execute, in a form and manner prescribed by Parent, a supplementary agreement incorporating the amendments to or revisions of the Agreement and/or Customer Product Agreement Extension
(7) The length of the term of the substituted agreement will be calculated as if it is commenced on the date the original Agreement began and the original Agreement will be deemed terminated.
(8) It will be the Customer’s responsibility to communicate any changes in the agreement and any obligations/duties covered by these changes to the Customer’s Agents / Employees / Authorized Representatives.
16. CONFIDENTIALITY
All Confidential Information shall be governed by the Confidentiality Agreement as attached in Appendix ‘B’.
17. PUBLICITY
The Customer shall not create, publish, distribute, or permit any written / Oral / electronic material that makes reference to us or our Service Providers or uses any of Parent’s registered Trademarks / Service Marks or our Service Providers’ registered Trademarks / Service Marks without first submitting such material to us and our Service Providers and receiving prior written consent.
The Customer gives Parent the right to recommend / suggest the Customer’s name and details to Customers / Visitors to the Parent Website, and Prospective Customers and use the Customer’s name in marketing / promotional material with regards to Parent Products.
18. TAXES
The Customer shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Parent Products.
19. FORCE MAJEURE
Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a “Force Majeure Event”) including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party’s employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party’s reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party’s performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first three months of such interference, provided that such party uses best efforts to avoid or remove such causes of non performance as soon as possible.
20. ASSIGNMENT / SUBLICENSE
Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties. The Customer shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person(s)/party without the prior written consent of the Parent.
21. CUSTOMER – CUSTOMER TRANSFER
(1) Parent may transfer the Order of the Customer to another Person, Organization or any other Legal entity under the following circumstances:-
(1) Authorization from the Customer and/or their Agent or Authorized Representative in a manner prescribed by Parent from time to time;
(2) On receiving orders from a competent Court, Law Enforcement Agency, or recognized Regulatory body;
(3) Breach of Contract;
(4) Termination of this Agreement;
(5) Parent learns of any such event, which Parent reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.
(2) In the above circumstances the Customer shall extend full cooperation to Parent in transferring the Order of the Customer.
22. DISCLAIMER
THE ORDERBOX, PARENT SERVERS AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON “AS IS” AND “WHERE IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
PARENT AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
PARENT AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, ORDERBOX OR BY ACCESSING PARENT SERVERS. WITHOUT LIMITING THE FOREGOING, PARENT AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH ORDERBOX OR PARENT SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE ORDERBOX/PARENT SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY PARENT AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE ORDERBOX WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER
PARENT AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. PARENT AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
FURTHERMORE, PARENT NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE ORDERBOX, ORDERBOX SERVERS, PARENT WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
23. JURISDICTION & ATTORNEY’S FEES
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Parent is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court in the city, state, country where Parent is incorporated. Parent reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management of the Customer is situated as per the laws of that Country/State/District.
If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys’ fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.
24. MISCELLANEOUS
(1) Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.
(2) There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein.
(3) The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.
(4) This Agreement shall inure to the benefit of and be binding upon Parent and the Customer as well as all respective successors and permitted assigns.
(5) Survival: In the event of termination of this Agreement for any reason, Sections 1, 4, 6, 8(5), 8(6), 8(7), 8(8), 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 24(3), 24(5), 24(7), 24(11), 25(2) and all Sections of Appendix A, and all Sections of Appendix B, and all Sections of Appendix C and any Sections covered separately under a Survival clause in any Customer Product Agreement Extension shall survive..
(6) This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Parent.
(7) The Customer, Parent, and its Service Providers are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.
(8) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement.
(9) Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be applied in the construction or interpretation of this Agreement.
(10) Entire Agreement; Severability: This Agreement, which includes Appendix A, Appendix B, Appendix C and each executed Customer Product Agreement Extension constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.
(11) The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.
(12) This agreement may be executed in counterparts.
(13) Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.
(14) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in the city of the Registered office of the Parent
25. BREACH
In the event that Parent suspects breach of any of the terms and conditions of this Agreement:
(1) Parent can immediately, without any notification and without assigning any reasons, suspend / terminate the OrderBox Users’ access to all Parent Products and Services and the OrderBox.
(2) The Customer will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.
26. NOTICE
(1) Any notice or other communication required or permitted to be delivered to Parent under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to Parent’s contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 hours local time, and otherwise on the next Business Day.
(2) Any notice or other communication to be delivered to Parent via email under this agreement shall be deemed to have been properly delivered if sent to its Legal Contact mentioned in the Customer Control Panel or on the Parent Website.
(3) Any notice or other communication required or permitted to be delivered to the Customer under this Agreement shall be deemed properly delivered, given and received when delivered to email address or contact address of the Customer in the OrderBox Database.
(4) Other than those notices mentioned in this agreement, Parent is NOT required to communicate with the Customer in any respect about services provided under this agreement. As a convenience to the Customer, Parent may proactively send notices about aspects with regards to services rendered under this Agreement, however these notices may be discontinued by Parent at anytime.
APPENDIX ‘A’
ACCEPTABLE USAGE POLICIES
This Appendix A covers the terms of access to the OrderBox. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.
1. ACCESS TO OrderBox
(1) Parent may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend OrderBox Users’ access to the OrderBox in the event of significant degradation of the OrderBox, or at any time Parent may deem necessary.
(2) Parent may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to time.
(3) Access to the OrderBox is controlled by authentication information provided by Parent. Parent is not responsible for any action in the OrderBox that takes place using this authentication information whether authorized or not.
(4) Parent is not responsible for any action in the OrderBox by a OrderBox User
(5) OrderBox User will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the OrderBox including, without Limitation temporary / permanent slow down of the OrderBox, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the OrderBox and architecture needed to continue operation thereof.
(6) OrderBox User will not send or cause the sending of repeated unreasonable network requests to the OrderBox or establish repeated unreasonable connections to the OrderBox. Parent will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.
(7) OrderBox User will take reasonable measures and precautions to ensure secrecy of authentication information.
(8) OrderBox User will take reasonable precautions to protect OrderBox Data from misuse, unauthorized access or disclosure, alteration, or destruction.
(9) Parent shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information.
(10) Parent shall not be liable for any damages due to downtime or interruption of OrderBox for any duration and any cause whatsoever.
(11) Parent shall have the right to temporarily or permanently suspend access of a OrderBox User to the OrderBox if Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the OrderBox, or learns of any possible misuse that has occurred, or will occur with respect to a OrderBox User.
(12) Parent and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, OrderBox
2. Terms of USAGE OF OrderBox
(1) Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the OrderBox or an Order, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or in a manner injurious to Parent, Service Providers or their Resellers, Customers and OrderBox Users, or their reputation, including but not limited to the following activities –
(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.)
(2) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic)
(3) Sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider
(4) Offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses (“spamware”)
(5) Advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software
(6) Harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Parent
(7) Impersonating another user or entity or an existing company/user/service or otherwise falsifying one’s identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere
(8) Pointing to or otherwise directing traffic to, directly or indirectly, any material that, in the sole opinion of Parent, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Parent, to be threatening or obscene or inappropriate
(9) Engaging in or solicit illegal activities, or to conduct any other activity that infringes the rights of Parent, Service Providers or any other third party
(10) Making foul or profane expressions, or impersonating another person with fraudulent or malicious intent, or to annoy, abuse, threaten, or harass that person
(11) Transmitting Unsolicited Commercial e-mail (UCE)
(12) Transmitting bulk e-mail
(13) Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist
(14) Posting bulk Usenet/newsgroup articles
(15) Denial of Service attacks of any kind
(16) Excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Parent in its sole discretion
(17) Copyright or trademark infringement
(18) Unlawful or illegal activities of any kind
(19) Promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse)
(20) Causing lossage or creating service degradation for other users whether intentional or inadvertent.
(21) Distributing chain letters
(22) Sending large or multiple files or messages to a single recipient with malicious intent
(23) Cross-posting articles to an excessive number of, or inappropriate, newsgroups, forums, mailing lists or websites
(24) Phishing (identity theft), pharming, distribution of virus or malware, child pornography, Fast Flux techniques, running Botnet command and control, network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), or illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription
(25) Referencing an OrderBox provided service or an Order within a spam email
(26) Hosting, transmitting, providing, publishing, or storing illegal content, including but not limited to the following material, information, messages, data or images:
(1) libelous or defamatory content
(2) content that violates any privacy right
(3) content which threatens physical harm or property damage
(4) content which is obscene, pornographic, salacious, explicitly erotic or offensive
(5) content that violates applicable intellectual property laws or regulations, including but not limited to, the transmission of copyrighted material or trade secrets and the infringement of patents and trademarks
(6) content which violates any export, re-export or import laws and regulations of any jurisdiction
(7) hacker programs or archives, “warez”, passwords or “cracks”
(8) internet relay chat servers (“IRCs”) IRC bots
(9) any content which Parent in its sole discretion determines as illegal, unlawful, or otherwise inappropriate
(2) Parent in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above.
(3) Data in the OrderBox Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Parent:-
1. To perform services contemplated under this agreement; and
2. To communicate with Parent on any matter pertaining to Parent or its services
(3) Data in the OrderBox Database cannot specifically be used for any purpose listed below :-
1. Mass Mailing or SPAM; and
2. Selling the data
APPENDIX ‘B’
CONFIDENTIALITY
Customer’s use and disclosure of Confidential Information is subject to the following terms and conditions:-
(1) With respect to the Confidential Information, the Customer agree that:
(1) The Customer shall treat as strictly confidential, and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of, all Confidential Information received from Parent.
(2) The Customer shall make no disclosures whatsoever of any Confidential Information to others, provided however, that if the Customer are a corporation, partnership, or similar entity, disclosure is permitted to the their officers and employees who have a demonstrable need to know such Confidential Information, provided that the Customer shall advise such personnel of the confidential nature of the Confidential Information and of the procedures required to maintain the confidentiality thereof; and
(3) The Customer shall not modify or remove any confidentiality legends and/or copyright notices appearing on any Confidential Information of Parent.
(2) The obligations set forth in this Appendix shall be continuing, provided, however, that this Appendix imposes no obligation upon the Customer with respect to information that:
(1) is disclosed with Parent’s prior written approval; or
(2) is or has entered the public domain in its integrated and aggregated form through no fault of the receiving party; or
(3) is known by the Customer prior to the time of disclosure in its integrated and aggregated form; or
(4) is independently developed by the Customer without use of the Confidential Information; or
(5) is made generally available by Parent without restriction on disclosure.
(3) In the event the Customer is required by law, regulation or court order to disclose any of Parent’s Confidential Information, the Customer will promptly notify Parent in writing prior to making any such disclosure in order to facilitate Parent seeking a protective order or other appropriate remedy from the proper authority, at the Customer’ expense. The Customer agree to cooperate with Parent in seeking such order or other remedy. The Customer further agree that if Parent is not successful in precluding the requesting legal body from requiring the disclosure of the Confidential Information, it will furnish only that portion of the Confidential Information, which is legally required.
(4) In the event of any termination of this Agreement, all Confidential Information, including all copies, partial copies of Confidential Information, copied portions contained in derivative works, in the Customer’ possession shall be immediately returned to Parent or destroyed. Within 30 (Thirty) days of termination of this Agreement, the Customer will certify in writing, to Parent the Customer’ compliance with this provision.
(5) The Customer shall provide full voluntary disclosure to Parent of any and all unauthorized disclosures and/or unauthorized uses of any Confidential Information; and the obligations of this Appendix shall survive such termination and remain in full force and effect.
(6) The Customer duties under this Appendix shall expire five (5) years after the information is received or earlier, upon written agreement of the parties.
(7) The Customer agrees that Parent shall be entitled to seek all available legal and equitable remedies for the breach by either of the Customer of all of these clauses in this Appendix at the cost of the Customer.
APPENDIX ‘C’
PAYMENT TERMS AND CONDITIONS
1. ADVANCE ACCOUNT
(1) Prior to purchasing any Parent Products, the Customer shall maintain an Advance Account with Parent.
(2) As and when, the Customer purchases Parent Products, the Customer’s Advance Account balance shall be reduced as per the then current pricing of that Parent Product as mentioned in the Customer Control Panel or on the Parent Website or during the ordering process.
(3) Parent shall maintain a record of Customer’s Advance Account balance, which shall be accessible by the Customer. If the Customer’s Advance Account balance is insufficient for processing any Order then that Order may not be processed.
(4) The Advance Account will maintain the Customer Credit in both the Accounting Currency and Selling Currency of the Parent’s choice. Parent has the right to modify the currency at anytime.
(5) Any negative balance in the Customer’s Advance Account will be immediately payable. If a Customer does not remedy a negative balance in their account within 24 hours, Parent has the right to terminate this agreement with immediate effect and without any notice. Upon such termination or otherwise Parent shall continue to have the right to initiate any legal proceedings against the Customer to recover any negative balance in the Customer’s Advance Account.
(6) Parent shall have the right to set-off any payment received from the Customer, or Sub-Customer, or Lower Tier Sub-Customer, or Customer against any negative balance in the Customer’s Advance Account.
(7) Any discrepancy, mistake, error in the credit / debit / amount in the Customer Transactions / Advance Account maybe corrected by Parent at anytime
2. PAYMENT TERMS
(1) Parent will accept payments from the Customer only by means specified in the Customer Control Panel
(2) Parent will credit all payments received to the Customers Advance Account after deducting all bank charges, processing charges and any other charges which Parent may choose to levy upon its sole discretion, within reasonable time of receiving the credit in Parent’s Account. The exchange rate will be determined by Parent through a reasonable source. The exchange rate determined by Parent shall be undisputable.
(3) It is the Customer’s responsibility to provide the Customer Username to Parent to be credited for the payment. The absence of the Customer Username along with reasonable information will delay the corresponding credit to the Advance Account.
(4) In the event that the Customer charges back a payment made via Credit Card or the payment instrument sent by the Customer bounces due to Lack of Funds or any other Reason, then
(1) Parent may immediately suspend OrderBox Users’ access to the OrderBox
(2) Parent has the right to terminate this agreement with immediate effect and without any notice.
(3) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed by the Customer, as well as stop / suspend / delete / transfer any Orders currently being processed.
(4) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Customer to any other Customer, or under Parent’s account.
(5) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same as well as apply cancellation fees
(6) Any negative balance in the Customers Advance Account shall become immediately payable
(7) Parent shall have the right to initiate any legal proceedings against the Customer to recover any such liabilities.
(8) Customer acknowledges that some product may have early termination fees (ETF) applied for specific services or third party services.
3. PRICING TERMS
(1) All pricing in this Agreement as well as every Customer Product Agreement Extension refers to the price at which the Customer may Purchase the corresponding Parent Product. This is excluding taxes, surcharges or any other costs.
(2) Parent may at any time change the price of any Parent Product with reasonable notification to the Customer.
(3) Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy additional fees for any number of products or services and may also levy cancellation fees if accounts are canceled after the grace period of 30 days prior to expiration or we may waive them at our sole discretion. We may also levy additional fees for changes of account, transfer or anything that may require additional work and this work that can and will be billed at our hourly rate or listed and published fees which can change check with your sales representative for more information on these fees.
(4) Early Termination Fees (ETF): Due to the nature of our business some products will have an early termination fee attached to them for cancelling before the term is up. Some ETFs will be higher than others. Please contact your sales rep or our support for more information.
4. REFUNDS AND REIMBURSEMENT TERMS
(1) Due to the nature of our business we do not give or allow refunds or reimbursements of any kind at any time and will not provide refunds, partial payment refunds or reimbursements for any expenses you incurred while using our service. Absolutely no refunds or reimbursements. Furthermore company can not be held responsible for any damages caused to customer while using our services and will not refund or reimburse for any such damage.
CUSTOMER HOSTING POLICY
CUSTOMER HOSTING PRODUCT AGREEMENT EXTENSION
AGT Solutions (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)
HAVE
entered into a Customer Master Agreement effective from September 2017 of which this “Customer Hosting Product Agreement Extension” is a part.
WHEREAS Parent provides Web, Virtual Private Server (VPS) and Email Hosting Services;
WHEREAS the Customer wishes to place an Order for Web, VPS and/or Email Hosting Services (“Hosting Order”) through the Parent;
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. Rights of Parent
While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognizes that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and the OrderBox, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
2. Terms of Usage
Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below –
A. General Terms
(1) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
(2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(4) Run any type of web spiders or indexers.
(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(7) Participate in any P2P or file-sharing networks.
(8) Use excessive resources which in the Parent’s sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parent’s services.
(9) Use the email service for sending or receiving unsolicited emails.
(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
(12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
(14) Run cron entries with intervals of less than 15 minutes.
(15) Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin.
B. Web, Email Hosting Specific terms
(1) As a backup/storage device.
(2) Run any gaming servers.
(3) Store over 100,000 files.
(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(5) Run any MySQL queries longer than 15 seconds.
(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership.
(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent’s sole discretion.
(8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
(9) Purchase/use a Dedicated IP Address without installing an SSL Certificate.
(10) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by Jigsy.com.
(11) Use more than 50% of the website’s disk space used by your Hosting order for storing emails.
(12) Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued.
(13) Store more than two website backup files.
(14) Use more than 5GB per database.
C. Additional Terms
a. WordPress Hosting:
WordPress Hosting uses a specialized server configuration to deliver an optimized WordPress hosting experience. Due to this custom configuration, the following additional terms apply to Managed WordPress Hosting accounts:
(1) WordPress Hosting is intended only for use with the WordPress software platform. The use of WordPress Hosting with any non-WordPress related software is unsupported and such use may not operate in accordance with the description of the service.
(2) Some WordPress add-on software is designed to function only on specific server configurations. Before installing any such software, customers are advised to contact Technical Support to ensure the desired add-on software will function in the WordPress Hosting environment. AGT will not be responsible for losses of any kind or downtime resulting from the installation of incompatible add-on software.
(3) Domain names hosted on WordPress Hosting servers must use AGT name servers for DNS resolution.
(4) We reserve the right to deny customer requests for changes to the standard WordPress Hosting configuration when we believe, in our sole discretion, that such changes to the configuration will severely inhibit the performance of the server.
(5) By installing WordPress, Subscriber acknowledges and agrees to (1) the Automatic Terms of Service located at (https://en.wordpress.com/tos/) with respect to Subscriber’s use of all Automatic products and services; and (2) the Automatic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automatic’s collection of Subscriber’s data in accordance with the terms of its Privacy Policy.
(6) Server side access: We do not provide server side access to developers that are not pre-approved. We will approve developers, designers or web weavers through our approval process. Approval is not guaranteed and in some cases it may have a cost. Please note server side access may be needed in some circumstances when dealing with WordPress. Please contact us for more information on this but understand that it is company policy not to allow unapproved vendors server side access to our network for the security and integrity of our network.
3. Cancellation: some services that are deemed custom may have a cancellation fee attached to them ask your sales rep for details and more information. If there is less than six months left on the account cancellation fees may be waived. Cancellation fee will apply to months left on term reguardless of length. Due to third party cancellation fees some fees may be hihger than others please contact your sales rep or our support department for more info. Cancellation of accounts will occur as soon as customer gives notice to cancel regardless of time remaining on account and will fall under the refund policy described herein. Cancellation will be given if an EPP/Secret Code is asked for. Hosting may be cancelled if terms of service are broken at any point regardless of how much time is left on the account. For more information contact your sales rep.
4. Miscellaneous: In the even of a website break, collapse, hack or other method of website going offline our tech support will work hard to restore the website. If the issue is caused due to the removal of recommended products or services AGT reserves the right to charge our support and repair rate which is billed at eight hundred and fifty dollars or two thousand dollars for priority support. This applies to tech support for a broken or otherwise damaged website only and does not take away from other terms listed herein unless said terms conflict with this statement in which case this statement will stand. It is not the responsibility of AGT or any of its divisions to make sure the website is functioning properly we will recommend services or will enact services to protect all websites if these protections are removed you agree to not hold AGT or any of its divisions liable. If you have any questions please contact your sales representative. SECURITY: Our company must maintain admin access to your website especially if it has had issues in the past and has been locked or suspended to protect our network. If we are not able to login to update and perform a security check on your website your account will be suspended. For the security of our network we do not allow outside developers, designers or marketers into our network without prior authorization. If you would like to use an outside developer, designer, marketer or other member of your web design staff please seek authorization through our portal. Failure to do so will result in your account being suspended and additional charges to your account. Please contact your representative for more or fill out a support ticket for both authorization and clarification on this before adding anyone as an admin to any website hosted or designed by our company.
5. Unpaid Invoices: All invoices are due upon receipt unless otherwise stated. AGT reserves the right to suspend, cancel or delete accounts that are unpaid. Invoices that remain unpaid for more than five business days will have an additional fee of fifteen percent (15%) added to all unpaid invoices. Invoices must be paid in full for service to be restored. If you account is deleted you will be responsible for paying a retrieval fee to be determined on a case by case basis but not to exceed two thousand dollars. If you have any questions please contact your sales representative for more information.
6. Responsibility: If AGT is not the designer of the website hosted on our network we are not responsible for the actions of the website. It is your responsibility to maintain a proper working website and ensure that no malware, spyware or other issues arise with your website. If your website is damaged, broken or causes damage to our network we reserve the right to suspend your website and isolate it until changes can be made. If your website updates and breaks it is your responsibility to have a backup. AGT offers services to avoid any conflicts or issues with your website even if we did not design it. Please contact us through our support portal for more details. To put it simply if we are only hosting the website it is your responsibility to make sure your website is in working order or contact us for additional services.
The health of our servers are our highest priority. If we feel a website, emails, or accounts are endangering our servers we reserve the right to act accordingly to our company policies and take action against said account. This action can be taken with or without informing the customer. If you feel this has happened you will need to contact our support staff to learn more about the suspension. In rare cases this action will not result in additional charges. If we feel a domain or website has been abandoned and it poses a threat to our server security and health we will suspend the account regardless of how much time is left on the account. If we suspend the account for this reason additional charges will be applied to unsuspend. Contact your sales rep or our support portal for more.
All accounts with AGT or any of its divisions agree to these Terms of Conditions and conducting business with said company or divisions will be your implied consent.
We may changes the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on this website. These changes will become binding and effective the date they are posted. No further notice by us is required upon your continued use of the services. The agreement as and when posted supersedes all previously agreed to electronic and written terms of service. Additional ToS for hosting are available here. The additional ToS do not take away from these and where there is a conflict these terms will act in full capacity.
To report false WHOIS please click here. You will also need to report the abuse through our ticket support portal and use subject “DOMAIN ABUSE”. You can fill out a support ticket here. You will need to be a current client to access this portal after reporting the false WHOIS you will receive information to log in to the support portal for the domain abuse claim. If you have any questions please contact your sales rep or reach out to support.
You acknowledge that AGT handles all support issues through our billing and support portal “AGTPortal.com” and further acknowledge that communication through said portal is the only acceptable method to keep a record. Communication with any other source, partner or agencies without first communication through our portal will be cause for your account to be cancelled i.e. you must contact our support through our ticket portal first and foremost. Failure to do so will constitute a breach in terms of service and we reserve the right to cancel your account.
PLEASE NOTE AS OF JANUARY 1, 2020 AGT SOLUTIONS NO LONGER PROVIDES FREE PHONE SUPPORT. IF YOU CALL FOR ASSISTANCE YOU WILL BE BILLED BEFORE ANY SUPPORT IS GIVEN.Contact your sales rep or support before cancellation for more information.
PLEASE NOTE AS OF APRIL 12, 2021 AGT SOLUTIONS WILL NO LONGER ABSORB CANCELLATION FEES FROM THIRD PARTY PROVIDERS SUCH AS CODE GUARD OR OTHER THIRD PARTY SERVICES. AN ADDITIONAL CANCELLATION FEE MAY APPLY TO ALL SERVICES CANCELLED BEFORE THE END OF THEIR TERM. Contact your sales rep or support before cancellation for more information.
COMING SOON!
These Terms of Service are constantly being updated. For the record AGT, AGT Hosting, Airgotara, Gothic Design, Team Print, Johnson Companies, JCo, JCo Hosting, Voz, Voz VOIP, Zar Mobile, IHJ Print and other divisions that may not be named but are owned by AGT Solutions. All current divisions of AGT Solutions known simply and collectively as AGT or AGT Solutions except where stated otherwise. All services provided by these divisions will have their own ToS that will act along side these terms unless there is a conflict in which case the ToS on AGTOL.com will be supreme.
Some services may be deemed “custom” and require an hourly or flat rate to perform. You will be notified of any such charge before and in advance. If you proceed you are agreeing to the charge and the rate. If you have any questions please contact us via our support portal www.AGTPortal.com for more information.