Terms of use
Please read this agreement carefully, as it contains important information regarding your legal rights and remedies.
OverView
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between the relevant Cloudata group entity indicated below (“Cloudata”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. Unless otherwise indicated in the specific documents accepted together with this Agreement, the relevant Cloudata group entity you are contracting with will be determined under the rules indicated below. The contracting entity will be Paytel Financial Technologies Pvt Ltd, registered address Okhala Industrial Estate Phase 3 , New Delhi 110020. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the applicable policies and agreements (including the product agreements), which are incorporated herein by reference. When your use of the Services requires us to process any personal data or personal information, we will do so in accordance with our Privacy Policy and also, if applicable, Data Processing Addendum ("DPA"), which is incorporated into this Agreement by reference. The Site and Services are intended for your commercial or professional use. By utilizing them, you acknowledge and agree that your purpose is commercial or professional in nature. The terms “we”, “us” or “our” shall refer to Cloudata. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Cloudata may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Cloudata may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. Cloudata assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of India or other applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Cloudata finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Cloudata shall not be liable for any loss or damage resulting from Cloudata’s reliance on any instruction, notice, document or communication reasonably believed by Cloudata 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, Cloudata reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you. Sanctions. You represent and warrant that you are not ordinarily resident of, and will not use or distribute the Cloudata Services in any country. You also confirm that you are not owned 50 percent or more, whether directly or indirectly in the aggregate, by any sanctioned individual or entity (“Sanctioned Party”), nor are you otherwise controlled by such a party. Additionally, you agree not to use or distribute the Services, either directly or indirectly, to or for the benefit of any Sanctioned Party. If there is a change in your status or regulations, that results in your inclusion on a sanctions list (maintained by the INDIA , US, EU/UN or other country) or if you become owned or controlled by an entity on such a list, you are required to promptly notify Cloudata. You agree to actively participate in sanctions screening processes, including providing all necessary information as requested by Cloudata, also your full cooperation is mandatory in any competent authority investigation related to sanctions compliance. In the event that Cloudata becomes aware of your becoming subject to sanctions maintained by the INDIA ,US, EU/UN or other country, Cloudata reserves the right to terminate your use of its Services immediately and without any notice. Additionally, Cloudata retains the discretion to terminate Services, if it reasonably suspects that you have links to a Sanctioned Party. Furthermore, you agree to indemnify and hold Cloudata harmless against any losses, including but not limited to monetary penalties and legal fees, that may arise due to your non-compliance with the aforementioned sanctions-related confirmations.
ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Cloudata that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Cloudata has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Cloudata reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, Cloudata recommends that you change your password at least once every six (6) months for each Account. You must notify Cloudata immediately of any breach of security or unauthorized use of your Account. Cloudata will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Cloudata or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person. Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers. Account Management Access (Account Sharing). The Services allows you to grant access (depending on permissions granted) to your Cloudata account to another Cloudata customer. You may revoke any person’s ability to access your account at any time. By authorizing any person to access your account, you acknowledge and agree that: (1) you have an established and trusted business or personal relationship with such a person; (2) you voluntarily authorize such person to access and make changes to your account; (3) depending on permissions granted, such person may be able to view personal information that you have provided in your account, including billing information (but excluding full payment method information); (4) such person will be able to access your account as it is on the day of granting access and also access any future changes thereof (e.g. in case access to certain hosting is granted, such person will be able to access any future add-on domains of such hosting); (5) in case you separately agree (allow) that such a person would contact Customer Support on your behalf, such person will be able to contact our Customer Support, receive information and (or) manage services on your behalf using our Customer Support and access your chat history (including any personal and other information contained therein). Note that such a person in any case will not be allowed to perform certain actions, such as view or change your account credentials (like your password), delete your account or invite others to access your account. You are assuming full legal and financial responsibility (and undertake to fully release Cloudata from any related liability) with respect to your decision to grant access to your account to any person or with respect to any actions such person may take or fail to take with respect to your account. By requesting access to the Cloudata account of another customer, Cloudata customer undertakes to use such access solely in the best interest of and as authorized by the customer granting access. Please note that Cloudata is not involved in the actual contract between a Cloudata customer granting access and/or requesting/receiving access to an account. Should there be a dispute between the parties, you must address such dispute directly with the individual you are in contract with.
AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. From time to time, Cloudata may offer new Services (limited preview services or new features to existing Services) in a pre-release version.
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
1 . Your use of this Site and the Services, including any content you submit, will be for commercial or professional use, will be for commercial or professional use, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
3. You will not use this Site or the Services in a manner (as determined by Cloudata in its sole and absolute discretion) that:
4. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Cloudata.
5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
6. You will not access Cloudata Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Cloudata may designate.
7. You agree to back-up all of your User Content so that you can access and use it when needed. Cloudata does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
8. You will not re-sell or provide the Services for a commercial purpose, including any of Cloudata’s related technologies, without Cloudata's express prior written consent.
9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
10. You are aware that Cloudata may from time-to-time call you about your account. You will be informed about such recording, purposes thereof, as well as any other information will be provided to you as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding, in which Cloudata is a party.
11. Publishers of news and current affairs content, in addition to the general terms of service outlined in this Agreement, are required to provide the Ministry of Information and Broadcasting with their user account details on Cloudata's services. This information must include relevant entity details and any specified documents necessary for effective communication and coordination. The provided information should be furnished within a period of thirty days. Furthermore, publishers are obligated to publish a monthly compliance report, which outlines the grievances received and the corresponding actions taken to address them. Cloudata reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
YOUR USE OF CLOUDATA CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of Cloudata Content and User Content posted to Cloudata’s corporate websites (i.e., those sites which Cloudata directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites. Cloudata Content. Except for User Content and User Intellectual Property, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, artwork, graphics, website templates, themes and widgets, literary work, computer code (including html), applications and other media, designs, animations, interfaces, derivatives and versions thereof, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, customized URLs and all copyrightable materials (“Cloudata Content”), are owned by or licensed to Cloudata in perpetuity, and are subject to copyright, trademark, and/or patent protection in India and foreign countries, and other intellectual property rights under India and foreign laws. Cloudata Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Cloudata. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Cloudata reserves all rights not expressly granted in and to the Cloudata Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights. However, Cloudata hereby grants to the User a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Cloudata Content, for the purpose of generating and displaying websites created through relevant Services provided by Cloudata, solely as expressly permitted under this terms and conditions, and solely within the relevant Services. For the avoidance of doubt, if certain Cloudata Content is provided (bundled) with certain Services’ plan, the User is allowed to use such Cloudata Content solely within the relevant Services’ plan. User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to Cloudata that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Cloudata Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the CloudataContent or the User Content therein.
CLOUDATA'S USE OF USER CONTENT
The provisions in this Section apply specifically to Cloudata’s use of User Content posted to Cloudata’s corporate websites (i.e., those sites which Cloudata directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites. Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Cloudata generally does not pre-screen User Content (whether posted to a website hosted by Cloudata or posted to this Site). However, Cloudata reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Cloudata may remove any item of User Content (whether posted to a website hosted by Cloudata or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Cloudata in its sole and absolute discretion), at any time and without prior notice. Cloudata may also terminate a User’s access to this Site, the Services or the Account (at Cloudata’s sole discretion) without notice if: (i) Cloudata notices or is informed that Site or the Services are used in a manner that promotes, encourages or engages in child pornography, the exploitation of children or terrorism, or (ii) Cloudata has reason to believe the User is a repeat offender. If Cloudata terminates your access to this Site, Services or the Account, Cloudata may, in its sole and absolute discretion, remove and destroy any data and files, including back-up copies, stored by you on its servers. Please note that using one Service for illegal activity mentioned herein does not limit Cloudata’s right to terminate User’s Account.
ADDITIONAL RESERVATION OF RIGHTS
Cloudata expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify (including access to or control of) any Account or Services (including the right to cancel or transfer any domain name registration ) for any reason (as determined by Cloudata in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Cloudata in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, to prevent activities that threaten the stability of our network and/or servers (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Cloudata, its officers, directors, employees and agents, as well as Cloudata's affiliates, including, but not limited to, instances where you have sued or threatened to sue Cloudata. Cloudata expressly reserves the right to terminate, without notice to you, any and all Services where, in Cloudata's sole discretion, you are harassing or threatening Cloudata and/or any of Cloudata's employees. Cloudata expressly reserves the right to access, edit, and (or) in any other way modify your Account and (or) Services, including but not limited to, User Submissions and User Content, in order to assist you when you reach out to the Customer Service via live chat, email or ticketing system or any other way described in Customer Service Policy. Cloudata shall not be liable for any loss or damage resulting from such actions.
NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number. If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email care@Cloudata.com. Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
TRADEMARK AND/OR COPYRIGHT CLAIMS
Cloudata supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Cloudata’s Trademark and/or Copyright Infringement Policy referenced above.
LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Cloudata. Cloudata assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Cloudata does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Cloudata from any and all liability arising from your use of any third-party website. Accordingly, Cloudata encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
AUTOMATED CONTENT
Cloudata may utilize artificial intelligence tools (“AI Tools”) that process your Content (“Input”) to assist in creating text, logos, business names or other content (e.g. AI Writer). You are responsible for any generated output returned by these AI Tools based on your Input (“Output”) to create text, logos, or other content as part of the design process for use in your Services. You are responsible for reviewing your Output to ensure it complies with applicable laws and Terms of Services. You authorize Cloudata and/or third parties Cloudata uses who provide AI Tools to store and use your Input as part of the design process for machine learning models to develop and continuously improve such feature(s) and/or to review for abuse or misuse. Therefore, you should not upload sensitive and personal data. Also, any Outputs, including text, logos, icons, fonts, names, slogans, have not been reviewed for accuracy, bias or intellectual property clearance. Cloudata makes no representation, warranty or guarantee as to the accuracy, reliability or whether Output may infringe on third-party intellectual property rights. You should review the Output accordingly and should seek independent professional legal advice before you rely on any auto-generated Output. Your intellectual property rights to Input and corresponding Output may differ according to applicable laws.
LIMITED WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. CLOUDATA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLOUDATA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND CLOUDATA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY CLOUDATA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER, CHATBOT OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CLOUDATA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (REGARDLESS OF WHETHER THEY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING). THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGES THAT MAY RESULT FROM
INDEMNITY
officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Cloudata directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
DISCONTINUED SERVICES; END OF LIFE POLICY
Cloudata reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Cloudata makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by Cloudata, in any way, effective on the EOL date.
Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Cloudata will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Cloudata in its sole and absolute discretion. Cloudata may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. Cloudata will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
FEES AND PAYMENTS
You agree that your Payment Method may be charged by one of our affiliated entities. If, during your purchase, your payment was identified as being processed in Lithuania, your transaction will be processed by CLOUDATA, registered at Okhala Industrial Estate Phase 3
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS By purchasing our Services, you agree to provide correct and full payment related information (including information required for tax exemptions, such as GST number). Any claims or requests will be handled only if they are provided not later than within 30 days of the date of purchase, unless applicable laws provide otherwise. If you use automatic payments, you will always need to have one payment method that's designated as a primary. You can also add a backup payment method to your account that will be used if your primary payment method does not work for some reason. In case your primary method does not work, we will automatically charge your costs to your backup payment method in order to ensure that your Services keep running. You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Cloudata expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using PayPal (as defined below), or (iii) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”. For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account. You acknowledge and agree that where refunds are issued to your Payment Method, Cloudata's issuance of a refund receipt is only confirmation that Cloudata has submitted your refund to the Payment Method charged at the time of the original sale, and that Cloudata has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Cloudata, in its sole and absolute discretion, reserves the right to issue the refund in the form of an in-store credit. Cloudata also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of in-store creditsare solely within Cloudata’s discretion and are not available at customer request. In order to ensure that you do not experience an interruption or loss of Services, most Services offer an automatic renewal option. The automatic renewal option automatically renews the applicable Service for a renewal period equal in time to the most recent service period, except for domain names which will renew for the original service period. For example, for products other than domains, if your last service period is for one year, your renewal period will be for one year. We have the right, but not an obligation, to inform you via email about the upcoming automatic renewal date (e.g. we will not send notifications for clients having 1 month plans). While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you disable the automatic renewal option, Cloudata will automatically renew the applicable Service when it comes up for renewal and will take payment from the Payment Method you have on file with Cloudata at Cloudata’s then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. In order to see the renewal settings applicable to you and your Services, simply log into your members area and find the respective account. You may enable or disable the automatic renewal option at any time. However, should you elect to disable the automatic renewal option and fail to manually renew your Services before they expire, you may experience an interruption or loss of Services, and Cloudata shall not be liable to you or any third party regarding the same. In addition, Cloudata may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, Cloudata will automatically update your payment profile on your behalf. Cloudata makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and Cloudata shall not be liable to you or any third party regarding the same. If for any reason Cloudata is unable to charge your Payment Method for the full amount owed for the Services provided, or if Cloudata receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Cloudata may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Cloudata also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Cloudata may perform outside the normal scope of its Services, (ii) additional time and/or costs Cloudata may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Cloudata in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Cloudata staff or by outside firms retained by Cloudata; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Cloudata as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Cloudata. Cloudata may offer product-level pricing in various currencies; however, transaction processing is supported only in Rupees. If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in Indian Rupees and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Cloudata makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section. Refund Policy: (“Refund Policy”). For products and services eligible for a refund, you may request a full refund within thirty (30) days of purchase (“Refund Period”). In the event you purchase a product that includes a free domain name, if you cancel the product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on Cloudata’s website and is not subject to any promotion, discount, or other reduction in price. In no event will you be eligible for more than one refund of the same product.
(B) INTERNATIONAL PAYMENT OPTIONS Cloudata offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at Cloudata. You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Cloudata. It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor Cloudata shall be liable to you or any third party regarding the same. You acknowledge that Cloudata will not attempt to fulfill the Services purchased by you until Cloudata receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If Cloudata does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Cloudata account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible. If, at the time Cloudata receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the Rupees amount of the pending order, and as a result your purchase is either over-funded or under-funded, Cloudata may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Cloudata reserves the right to issue refunds to an in-store credit balance. If you receive a full refund, you will need to begin the purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Cloudata will be net of the IPP Fees unless otherwise specified.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
COMPLIANCE WITH LOCAL LAWS
Cloudata makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above, this Agreement shall be governed by and construed in accordance with the Law of India and in courts of New Delhi. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address: Okhala Industrial Estate , New Delhi 110020
info@Cloudata.com
9650702205
info@cloudedata.com
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