2.
CONDITIONS : This Agreement constitutes a legal
and binding contract between U&D Square and you
and does not extend to any other person or entity.
3. WARRANTIES : With respect to the
services to be provided herein, the Customer acknowledges
that U&D Square makes absolutely no warranties whatsoever,
express or implied. As a result, the Customer agrees
that U&D Square shall not be liable to the Customer
for any claims, damages or loss of profit which may
be suffered by the Customer or any other entity in any
respect for direct, indirect, consequential, actual,
or punitive damages arising out of or in relation to
the services provided herein, including, but not limited
to, losses or damages resulting from the loss of data
as the result of delays, non-deliveries, or service
interruptions.
4. INFORMATION : The
utilization of any data or information received by the
Customer from the utilization of the service to be provided
by U&D Square is at the Customer’s sole and
absolute risk. U&D Square specifically disclaims
and denies any responsibility for the completeness,
accuracy or quality of information obtained through
the services to be provided hereby.
5. PAYMENT : All fees
and first payment for services are due in advance. Subsequent
charges will be billed every 7 days in advance of the
due date by e-mail. If you do not have an e-mail account,
billing will be done by mail. Subsequent payments are
due on the 1st day (of every week) of starting service
cycle. All invoices must be paid according to our standard
billing policies. In the event that the Customer fails
to pay for such services in advance, U&D Square
shall be entitled to deactivate the services and the
full balance of the contract shall immediately become
due and payable, at the exclusive discretion of U&D
Square. In the event the customer chooses to continue
service, U&D Square will charge a reactivation fee
of $30.00 on all services that are deactivated due to
non-payment. If payment is not made according to the
terms of a Deactivation Notice, the services may stop
immediately. In the event that a payment is not made
according to any past due and/or deactivation notices,
U&D Square shall be entitled to unilaterally terminate
this Agreement, discontinue the service, and the full
balance of the contract shall immediately become due
and payable.
The payments Shall be made every week via swift transfer
from the Clients bank to U&D Square bank account
using information below:
( Routing Number: 026005092), for further
credit of A/c No. 007102000018036 of U & D Square
with IDBI Bank Ltd., Pune India.(SWIFT: IBKLINBB007)
OR
by Credit Card. The details should be sent to accounts@udsquare.net
immediately after the transfer. Client will bear all
the transfer charges applicable for the same.
6. UNILATERAL SERVICE REVOCATION
: In the event that U&D Square may at any
time believe that the service is being utilized for
unlawful purposes by the Customer or in contravention
with the terms and provisions herewith, U&D SQUARE
may immediately discontinue such service to the Customer
without liability or refund. This will include failure
to pay, adult or other undesirable content and/or the
sending of unsolicited bulk e-mail.
7. INDEMNIFICATION : The Customer shall indemnify and hold harmless U&D
Square from any and allloss, cost, expense, and damage
on account of any and all manner of claims, demands,
actions, suits,proceedings, judgments, costs and expenses
that may be initiated against U&D Square and U&D
Square’s officers, directors, and employees for
any service provided to Customer by U&D Square to
include web space content that violates any copyright,
proprietary right of any person, state and federal regulations,
or contains any matter that is libelous or scandalous.
8. CHANGES IN TERMS OF AGREEMENT: U&D Square reserves the right to make changes to
the terms and conditions of this Agreement at any time,
to include service pricing, advising of the change and
the effective date thereof, but with changes in service
fees being effective only at the end of any period for
which the Customer has prepaid. Utilization of the service
by the Customer following the effective date of such
change shall constitute acceptance by the Customer of
such change(s). U&D Square will provide customer
with a written notice of changes no less than 7 days
prior to effective date.
9. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the schedule of fees constitutes
the entire agreement between the parties, and represents
the complete and entire understanding of the parties
with respect to the subject matter of this Agreement
10. GOVERNING LAW: This Agreement
shall be governed by the laws of the state of Maharastra
Pune INDIA Each party agrees that jurisdiction and venue
for any and all claims, disputes or other matters arising
out of the services provided herein and under this Agreement
will be proper in Maharastra Pune INDIA
11. SEVERABILITY: In the event that any term or provision of this Agreement
is held by a court of competent jurisdiction to be illegal,
unenforceable or invalid in whole or in part for any
reason, the remaining provisions of this Agreement shall
remain in full force and effect.
12. CONFIDENTIALITY: Customer acknowledges that any information not generally
known by or disclosed to the public to include but not
limited to computer programs, source code, algorithms
and inventions are the property of U&D Square and
may not be utilized or released without the express
written permission of U&D Square. U&D Square
acknowledges that all communication including but not
limited to voice, chat, email and/or web chat are considered
confidential and shall not be disclosed to 3 rd parties. |
