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Terms of Service

Last updated on Dec 20th, 2017

Customer Master Agreement

This is the main Customer Master agreement that would apply to you as our Customer. Apart from this Master Agreement, the following Product Specific Agreements may also apply to you depending on the Products and Services you buy.

Customer Master Agreement

This Customer Master Agreement is made, entered into and executed on 11 December, 2016 (hereinafter referred to as the “Effective Date”)

BETWEEN:-

Densder Web Services Private Limited (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 info662057.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-Densder Web Services Private Limited 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-Densder Web Services Private Limited 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:-
    A.In electronic, paper or microfilm form, all written communications with respect to Parent Products.
    B. 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:-
  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:-
    A.In electronic, paper or microfilm form, all written communications with respect to Parent Products.
    B. 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.

Privacy Policy

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