1. Description of Service. WEBQANET
WEBQANET may provide Client with one or more of the following Services depending on the service package that the Client selects: business website, business-related website pages, Search Engine Marketing, Search Engine Optimization, third party Content, storage space, Domain-based e-mail Services, website hosting, or maintenance Customer and support Services. Unless explicitly stated otherwise, any new feature that augments or enhances the Services shall be considered to be part of the Services. WEBQANET reserves the right to modify, suspend or discontinue the Services (or any part thereof), based on non-cooperation, non payment, or unwanted delay from client, at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold WEBQANET or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services..
2. Revisions to Terms and Pricing.
From time to time, we may revise the terms and conditions of this Agreement (including, without limitation, any of the policies incorporated by reference) and the pricing for the Service (“Revisions”). Notice of Revisions to the Agreement, the terms and conditions or pricing shall be posted on the Website and deemed given and effective on the date posted to the Website. Any and all such Revisions shall be deemed a part of and included in this Agreement as if fully set forth herein in lieu of the language of this Agreement being so revised. If you do not agree to any of such Revisions, you must cancel your Service within five (5) days after posting of any such Revisions in accordance with the Cancellation provisions set forth in this Agreement. By continuing to use the Service after any of such Revisions are in effect, you thereby accept and agree to all such revisions.
3. Use of Service and Device.
You agree to use our Service only for the purposes for which you subscribed for the Service. In the event WEBQANET provides you information, including your Password, via e-mail over the Internet, you shall be solely responsible to safeguard your User IDs and Passwords.
5. Fees and Charges.
All activation and monthly charges shall be billed to your credit card or bank account by ACH/ check in advance. Cancellation and other fees shall be billed as and when incurred. WEBQANET’s fees and charges including activation and monthly installment fees shall be as agreed and may change from time to time. New pricing will be effective the next day following posting to the Website and may be applied to renewals of existing services. In addition to fees and charges payable to us, Customer is responsible for and shall pay any and all applicable national, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future.
6. Customer Service.
In the event you experience any difficulties or problems with the Service, contact our Customer Care Department via email at
TERMS AND CONDITIONS
IF YOU (THE CUSTOMER) SUBSCRIBE FOR WEBQANET’S SEARCH ENGINE OPTIMIZATION SERVICE, YOUR SUBSCRIPTION WILL CREATE A CONTRACT BETWEEN YOU AND US (WEBQANET) CONSISTING OF THE APPLICATION, THE APPLICABLE SERVICE DESCRIPTION, THESE TERMS AND CONDITIONS AND ALL OTHER TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.
This WEBQANET Application, together with the Service Terms, any operating rules, policies, price schedules, these terms and conditions or other supplemental documents expressly incorporated herein by reference and published from time to (collectively, the "Agreement"), constitute the entire agreement between WEBQANET TECHNOLOGIES, Pvt ltd (hereinafter referred to as “we,” “us” or WEBQANET) and you as identified in the Application for the Service (herein after referred to as “you,” “user” or “Customer”) with respect to WEBQANET’s Search Engine Optimization Service (as defined herein), and supersedes all prior agreements, discussions, understandings and writings between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, the term WEBQANET includes our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, attorneys and any other service provider that furnishes services or devices to you in connection with this agreement.
2. DEFINITION OF SERVICE. WEBQANET
Search Engine Optimization Service is designed to optimize the ability of your customers to find you through access to traditional search engines, specifically Google and Bing. For purposes of this Agreement, the term “Service” shall mean the service package that the Client selects: business website, business-related website pages, Search Engine Marketing, Search Engine Optimization, third party Content, storage space, Domain-based e-mail Services, website hosting, or maintenance and support Services.
4. CUSTOMER REPRESENTATIONS AND COVENANTS.
You hereby represent, warrant and agree to the following for the benefit of WEBQANET:
4.1 Your name, user name, contact information and registered location are true and correct and if for business use, you are authorized to act on behalf of your company.
4.2 You agree to provide WEBQANET with all information and documents reasonably necessary or desirable for WEBQANET to provide the Service and to cooperate with representatives and employees of WEBQANET in developing a program for your use of the Service. You also agree to promptly notify WEBQANET of any changes or modifications to any documents or information provided by you to WEBQANET under these terms and conditions.
4.2. You acknowledge that WEBQANET relies on the information you supply and that providing false or incorrect information will prevent WEBQANET from providing the maximum results for the Service.
4.3. You will promptly notify WEBQANET whenever your personal or billing information changes (including, but not limited to, your name, address, e-mail address, telephone number and credit card number and expiration date).
4.4. You will be financially responsible for your use of the Service from the time it is commenced until termination or cancellation of the Service.
4.5 The person entering into this Agreement on behalf of the Customer is an authorized representative of the Customer and has full legal authority and approval to enter into this Agreement for Customer.
6. FEES AND CHARGES
6.1. We will publish fees and charges on our Website. These fees and charges may change from time to time. New pricing will be effective the next day following posting to the Website and may be applied to renewals of existing services. We may introduce new services at special introductory pricing. Introductory pricing will not be applied retroactively to existing services and may be applied for only limited periods of time. At our discretion, we may change introductory pricing.
6.2. Billing increments. All billing policies are defined by the specific package the customer chooses. Except as otherwise specifically provided in the service plan you selected, all activation, monthly and other charges shall be billed to your credit card in advance. Cancellation and other fees shall be billed as and when incurred. Please refer to the Website for exact billing policies.
6.3. Taxes. Customer is responsible for and shall pay any and all applicable National/Federal, state, municipal, local or other governmental sales, use, excise, Universal Service Fees, value-added, personal property, public utility and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer’s subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to you. If Customer is exempt from payment of such taxes, you must provide WEBQANET with an original government-issued certificate attesting to your tax-exempt status. Tax exemption will only apply from and after the date WEBQANET receives such certificate.
6.4. Activation Fee. One-time activation fees are specified on the Website and vary according to the service chosen.
9. LIMITATION ON WARRANTIES, REMEDIES AND LIABILITY, INDEMNIFICATION
9.1. WARRANTIES AND DISCLAIMER
9.1.1 WEBQANET MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. XXX DOES NOT WARRANT THAT THE SERVICE WILL RESULT IN YOUR PLACEMENT AT ANY SPECIFIC LOCATION ON ANY SEARCH ENGINE OR THAT THE SERVICE WILL OPERATE AS ANTICIPATED BY YOU OR WITHOUT ANY FAILURE, DELAY, INTERRUPTION AND/OR ERROR. WEBQANET DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST WEBQANET TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
9.1.2. NO CREDIT ALLOWANCES FOR INTERRUPTION OF WEBQANET SERVICE. WE WILL NOT GIVE YOU CREDIT FOR ANY INTERRUPTION OF WEBQANET SERVICE.
9.2. LIMITATION OF LIABILITY
9.2.1. IN NO EVENT SHALL WEBQANET BE LIABLE TO YOU, YOUR REPRESENTATIVES OR AUTHORIZED ASSIGNS OR ANYONE ELSE FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE OR PROFITS, RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF OR INABILITY TO USE THE SERVICE, THE ABSENCE, DELAY OR FAILURE OF THE SERVICE AND/OR THIS AGREEMENT. WEBQANET NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PROVIDE THE SERVICE, AT ANY TIME OR FROM TIME TO TIME, OR FOR ANY INTERRUPTION OF THE SERVICE INCLUDING BUT NOT LIMITED TO THE FOLLOWING: AN ACT OR OMISSION OF AN UNDERLYING CARRIER, SERVICE PROVIDER, VENDOR OR THIRD PARTY, EQUIPMENT, NETWORK OR FACILITY FAILURE, EQUIPMENT, NETWORK OR FACILITY UPGRADE, SERVICE, MAINTENANCE, MODIFICATION, SHORTAGE, OR RELOCATION, FORCE MAJEURE EVENTS SUCH AS BUT NOT LIMITED TO ACTS OF GOD, ADVERSE WEATHER, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS OR TERRORISM, SERVICE, DEVICE, EQUIPMENT, NETWORK OR FACILITY FAILURE CAUSED BY THE LOSS OF POWER OR INTERNET SERVICE TO WEBQANET OR CUSTOMER, AND ANY CAUSE THAT IS BEYOND WEBQANET’S CONTROL, INCLUDING WITHOUT LIMITATION THE FAILURE OF AN INCOMING OR OUTGOING COMMUNICATION, OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF WEBQANET’S NEGLIGENCE OR OTHER ACTS OR OMISSIONS. WEBQANET’S TOTAL LIABILITY FOR ANY ACT OR OMISSION SHALL IN NO EVENT EXCEED THE CHARGES FOR THE SERVICE WITH RESPECT TO THE AFFECTED TIME PERIOD. THE LIMITATIONS SET FORTH HEREIN APPLY TO ALL CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY, AND APPLY WHETHER OR NOT WEBQANET WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGE. FURTHER, YOU AGREE TO REIMBURSE WEBQANET FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES AND LITIGATION COSTS. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST WEBQANET TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
10. INDEMNIFICATION AND WAIVER OF CLAIMS.
ALL DOCUMENTS, INFORMATION, ARTWORK, COPY, PHOTOS, AUDIO MATERIALS, NOTICES, DATA AND OTHER MATERIALS AND INFORMATION PROVIDED BY YOU SHALL BE OWNED BY YOU. YOU ARE REQUIRED TO MAKE ARRANGEMENTS SATISFACTORY TO THE OWNERS OF ANY COPYRIGHTED OR OTHER MATERIALS FOR USE OF ANY SUCH MATERIALS WHICH YOU PROVIDE TO WEBQANET FOR PURPOSES OF THE SERVICE. YOU ARE LIABLE FOR ANY AND ALL USE OF THE SERVICE AND YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEBQANET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, PROCEEDINGS, DAMAGES, FINES, PENALTIES, LOSSES, COSTS AND EXPENSES FOR PERSONAL INJURY OR PROPERTY DAMAGE, LOST PROFIT, LOST REVENUE INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS OF INVESTIGATION FOR ANY SUCH USE THAT FAILS TO COMPLY IN ALL RESPECTS WITH THIS AGREEMENT, THESE TERMS AND CONDITIONS, THE TERMS OF SERVICE AND OTHER TERMS AND CONDITIONS APPLICABLE TO WEBQANET’S PROVIDING YOU THE SERVICE AND ALL APPLICABLE NATIONAL/FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. YOU FURTHER AGREE TO WAIVE, RELEASE, DISCHARGE, FORGIVE AND HOLD HARMLESS WEBQANET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, PROCEEDINGS, DAMAGES, FINES, PENALTIES, LOSSES, COSTS AND EXPENSES FOR PERSONAL INJURY OR PROPERTY DAMAGE, LOST PROFIT AND LOST REVENUE INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION, AND ANY AND ALL OTHER DAMAGES OF WHATEVER KIND AND NATURE RELATING TO OR ARISING OUT OF THE SERVICE, THE USE OF THE SERVICE, THE ABSENCE OR FAILURE OF THE SERVICE, AND/OR THIS AGREEMENT UNLESS THE CLAIMS OR CAUSES OF ACTION ARISE FROM OUR GROSS NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OR CANCELLATION OF THIS AGREEMENT FOR ANY REASON WHATSOEVER.
You are liable for any and all liabilities that may arise from the content of any materials which are listed in a search engine as a result of the Service. You covenant and agree that you and anyone who uses the Service and all your and their content comply at all times with all applicable National/Federal, state and local laws, regulations, and written and electronic instructions for using the Service.
12. MISCELLANEOUS LEGAL PROVISIONS
12.1. Governing Law.
The relationship between you and WEBQANET shall be governed by the laws of India applicable to contracts entered into and to be fully performed in India without regard to its conflict of law provisions. Subject to the arbitration provisions set forth these terms and conditions, any claim brought under this Agreement and/or in connection with Service or these terms and conditions shall be brought in a court of competent jurisdiction in the City of Kolkata, West Bengal. India, and venue for any such claim shall be proper in the appropriate state court located in Kolkata, West Bengal.
12.2. No Waiver of Rights.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. WEBQANET reserves all of its rights at law and equity to proceed against anyone who uses the Service illegally or improperly. All determinations by WEBQANET under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.
12.3. No Third Party Beneficiaries.
Any person, firm corporation or other entity that is not a party to this Agreement shall not have any remedy, claim, liability, reimbursement, or cause of action under this Agreement. This Agreement does not create any other third party beneficiary rights.
12.4. Entire Agreement.
The Application, the Terms of Service, these terms and conditions and any other terms and conditions on the WEBQANET website constitute the entire agreement between you and WEBQANET and govern your use of the Service, superseding any prior agreements between you and WEBQANET and any and all prior or contemporaneous oral or written statements, understandings, writings, commitments, or representations concerning its subject matter.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable and any such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.
WEBQANET may assign or otherwise transfer all or part of its rights or duties under the Agreement without notifying you. If we do that, any such assignment or transfer shall be fully binding on you and we will have no further obligation to you with respect to that portion of the service which is assigned or transferred. You may not assign the Agreement or the Service without our prior written agreement of WEBQANET.
The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, arbitration, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.
16. Force Majeure (Events beyond the control of WEBQANET).
WEBQANET shall be excused and free from any liability whatsoever for any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties as may occur in spite of WEBQANET’s best efforts.
17. Software Copyright.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions