Service Level Agreement
This Terms of Service Agreement is entered on <date>, between Web Werks India Pvt Ltd., a company incorporated under the Companies Act, 1956 having its registered office at 124 Unique Industrial Estate, Off V S Marg, Prabhadevi, Mumbai, Maharashtra 400025, India. (Here after referred to as “Web Werks” or “Vendor”) and, The Labour Fund, Tamkeen having its Registered office at <client name>. Web Werks and XXXXX may also individually be referred to as ‘Party’ and collectively as ‘Parties’ in this Agreement.
1. Service Level Agreement
Web Werks's aim is to 24x7 Customer Support to Clients - 24 hours per day, 365 day per year. This is a 99.995% uptime guarantee Service Level Agreement which will serve as an agreement between Web Werks and the Customer.
1.1. Term of Service
WEB WERKS agrees to provide hosting support services to client as per Bill of Material The initial term of this agreement will be 5 years contract from the date of account sign up with Monthly advance payment model. After the initial term of 5 years, this Agreement will renew after mutual agreement between parties to this agreement, the Bill of material and Commercials may be revised in case of change in client requirement.
1.2. Service in case of failure
WEB WERKS has mentioned, in this SLA, certain standards that its associates intend to follow when providing Services to the Customer. WEB WERKS promises to offer a Service Credit (as mentioned in section I below) as compensation in the event of failure to meet these standards. WEB WERKS also strives to meet all quality standards, even when the customer does not personally notice any lack in service that has been provided by WEB WERKS. WEB WERKS intends to keep its commitment to deliver superior quality of services and excellence of operations.
1.3. 99.995% server uptime guaranteed
WEB WERKS, after intensive research of our internal systems, can safely guarantee of 99.995% for data center infrastructure, network and server uptime which will be closely and transparently monitored by WEB WERKS monitoring systems, within WEB WERKS network. We provide guarantee only against failures arising due to problems in the network or power. Thus, only these failures will be covered by this Service Level Agreement. Examples of aforementioned failures include interruption in power supply, failure of power supply, interruptions or failure of network services. Any issues arising out of Customer's server which may include the Operating System, any installed software, or Customer's interaction with third party, will not be covered under this Service Level Agreement and WEB WERKS does not guarantee any Credit or Remedy for the same.
1.4. Uptime Report
Uptime report for the network connectivity, servers and power will be generated through Online Monitoring tool and submitted to client with invoice.
1.5. Resource scalability
The customer's Cloud server will be provided additional resources as and when the need arises, based on the sole discretion of intelligent Cloud technology and WEB WERKS. Resources will be made available to the server automatically when such a requirement is detected subject to certain conditions as mentioned herewith. Cloud scales itself to accommodate resource requirement but shall not, in any case, exceed the maximum limit set on the hardware node on which the client's server is hosted. In case a customer wants to increase the maximum limit, such a provision is available after purchase of the same. WEB WERKS does not guarantee unlimited resource scaling beyond the set limit. WEB WERKS reserves the right to decide the maximum limit of resource allocation. Resources, as defined below, include but are not limited to the RAM, CPU, Servers and any other Hardware or Software involved in provisioning of the Services mentioned in this Agreement.
1.6. Support methodology
The Support is available through Phone and Ticket system and the engagement will work as follows: The speed and reliability of the resolution process is hence critical to the client’s reputation. WEB WERKS has created and delivered over the year’s consistent high- speed and high-value support response to its customers. This highly successful support process has help to gain industry accolades.
WEB WERKS classifies the following as EMERGENCY cases:
- Routing issues
- Server being Down
- Packet loss
As soon as any problem is noticed by either the Customer or WEB WERKS employee, a ticket will be generated by either party to facilitate the tracking of the problem. Our Support Team will then review the request as per the time frame mentioned below. WEB WERKS holds the right to shift a case that has been wrongly classified as EMERGENCY, and hence, such re-classified cases will not be eligible for the general treatment that EMERGENCY cases receive. Problem Resolution time and Restoration time may vary, and are not covered by this Service Level Agreement.
1.7. "24 x 365 SUPPORT" OVER EMAIL, TICKET, PHONE AND ONLINE CHAT
Incidents can be formally communicated through Ticket and Phone mode of communication. If the case is logged via email then the Ticket will be generated and automatically sent to the Customer.
If call is logged using Phone, WEB WERKS support Team will log the incident in the Helpdesk portal.
CRM team will respond to the incident by calling the user directly to get the detailed problem and trying to resolve the issue over phone, if not then assign an Engineer to resolve the call.
Incidents are classified based on severity to ensure that the response is appropriate to the severity of the issue. A detailed definition for each of these severity levels, together with the proposed acknowledgment time and action required, is listed below.
WEB WERKS' Support Staff is available 24 hours a day, 365 days a year for any support related to the services provided. The Support team will maintain and monitor WEB WERKS' Network Operations Center (NOC) and provide assistance to the customers at all times. Our Support Team can be reached through the Client Area on our website, telephone or online chat. Please find a brief of the type of conflicts and the best suited modes to solve them:
- L1 Issue - Phone Support and Support Ticket
- L2 Issue - Support Ticket
- L3 Issue - Support Ticket
SEVERITY 1: Critical Level
Critical errors defined as the Errors that require/cause the business to stop operations or disruption in all services for total non-functioning of branches or any components including DC hardware, software supplied by the vendor, which need to be addressed immediately and to be resolved which stops the business from functioning.
SEVERITY 2: Medium Level
Medium Level Errors defined as those errors that are not the critical errors as defined above but cause great inconvenience or operational difficulties to the users for partial functioning of branches or an abnormal end to a program, process or function resulting in corrupted data and/or production hold up leading to critical business impact, any issue with the non-IT equipment but severely impacting the IT equipment’s in Datacenter
SEVERITY 3: Low Level
Low Level Errors defined as those other errors that are not the Critical errors or the Medium Level Errors as defined above but cause limited inconvenience or operational difficulties to the client but with 100% application functioning with minor performance issues from expected level due to any components including hardware, software supplied by the vendor or cosmetic changes which disrupts neither the functional nor operational flow.
Prioritization & Estimation
In case of multiple concurrent support requests, each having same priority, the prioritization procedure to handle these requests will be determined in consultation with the Clients Project Management team. WEB WERKS will work with the Client to arrive at an acceptable resolution plan.
Mean Time to Assist (MTTA)/Response Time
Mean Time to Repair (MTTR )/Resolution Time
Severity 1 High
Severity 2 Medium
Severity 3 Low
- The Target response Time is the time interval that the resolver Group has to update the Customer who reported the issue on ticket status.
- The Target Resolution Time is the total time from ticket creation to resolution and restoration of service to the user. Service may be restored either by a workaround or by a permanent solution.
WEB WERKS holds all the rights to change the responsibilities of their staff without any prior notice to their customers.
1.8. Escalation Matrix
Level 1: 24/7 Customer Support Desk
Contact No: +91 – 22-61500600 || +91 -22-40500 112 - 113
Email Id: firstname.lastname@example.org
Raise a request: https://billing.Web Werks.co.in/accountdetails.php
Level 2: If the problem is not handled / replied within 8 hours please contact
Contact Person: Customer Relations Manager
Contact No: +91 – 22-61500600 || +91 -22-40500600 Ext. 643 / 138
Email ID: email@example.com
Level 3: If the problem is not handled /replied within 24 hours please contact
Contact Person: Data Center Manager
Contact No: 91 -22-40500600 Ext. 650/115
Email ID: firstname.lastname@example.org
Level 4: If the problem is not handled /replied within 48 business hours please contact
Contact Person: Assistant Vice President
Contact No: 91 -22-40500600 Ext. 649
Email ID: email@example.com
Ticket Escalation Matrix
Client service's availability is less than 99.95%, Company (WEB WERKS) will credit accordance with time exceeding 30 minutes from the time at which the request has been placed by the client based upon the following schedule:
|0 – 59 Min||0.00%|
|60 – 119 Min||5.00%|
|120 – 239 Min||10.00%|
|240 – 479 Min||25.00%|
|480 – 959 Min||50.00%|
|Over 960 Min||100.00%|
1.10. Network performance
WEB WERKS guarantees 99.995% uptime for WEB WERKS' internal network performance. In the event of failure to deliver the same, the customer will qualify for Service Credit as defined above in remedy. WEB WERKS constantly strives to deliver performance of network and even exceed the same as per the specifications mentioned.
1.11. Backup policy
A periodic backup of database will be taken (Only if service is avail) as per the policy. I.e. daily incremental backup and weekly full backup.
1.12. Intellectual property
WEB WERKS respects the Customer's privacy and ownership rights and expects the same in return. Both parties shall retain all rights over their respective copyrights, trade secrets etc. The customer shall have no rights or interest whatsoever over WEB WERKS' Intellectual Property, whether developed during the course of service, or otherwise, unless agreed to, in writing.
1.13. Force majeure
Both WEB WERKS and the Customer shall not hold each other liable for violation of the terms of the Agreement in case of an event which is beyond reasonable human and technological control, such as disaster caused by forces of nature, human disasters such as war or act of terrorism, epidemic or riot, significant power grid or internet services failure or an event of such a magnitude which does not usually call for preventive actions and against which precautions are industry standards.
IF WEB WERKS, or any of its employees, or associates, or suppliers, or any party that is directly associated with WEB WERKS is faced with a legal claim arising out of the Customer's misconduct, negligence, violation of law, or the violation of this Agreement, then the Customer is solely liable to pay the damages and the cost of the claim, including but not limited to all the fees, fines, and other expenses arising out of the same. The customer's obligations under this clause extend to their employees or any other person(s) that the customer have granted access to WEB WERKS' services or any other person(s) who may have access to WEB WERKS' services as a result of breach of security on behalf of the customer, even if the customer themselves are unaware of such an act. If the Customer chooses to resell the services, the conditions of indemnification stated in this clause are also applicable on the claim made by the end users arising out of such a resale. WEB WERKS will appoint a legal counsel to defend such claims, and the Customer must agree to comply with WEB WERKS in such an event. The Customer must also agree to pay all expenses incurred in the course of action, as subject to this clause.
1.15. Breach of services
WEB WERKS may decide to terminate the Agreement on breach of terms by sending a written notice if :
- It comes to WEB WERKS' notice that the information provided by the Customer about themselves or their intended use of the service is incorrect.
- If the Customer is not 18 years old at the time of entering into the Agreement, or is not legally or otherwise capable of entering into the Agreement.
- Client's payment has been outstanding, and has not been paid within 15 days of our written notice via email or automated response from the management panel.
- A credit report holds the client no longer capable of meeting our credit criteria, in which case WEB WERKS will provide the client with reasonable time to migrate their systems out of Cloud.
- The clients violates WEB WERKS terms of Service more than once, even if they remedy them in each case.
The Client may terminate the agreement for breach of terms if WEB WERKS:
- Fails to provision and deliver the services as promised.
- Fails to meet any other basic obligation as mentioned in the Agreement.
1.16. Suspension of services
WEB WERKS may decide to suspend the services provided to a customer without liability in the event where
- WEB WERKS has reasons to believe that the services provided have been used in the past, or are being used at present, or may be used in the future, in violation of the Agreement,
- The client is associated with person(s) who have indulged in similar abusive behaviour in the past,
- The client fails to peacefully cooperate with the examination and inquiry into a suspected violation,
- WEB WERKS has sufficient reasons to believe that the services have been unlawfully and without consent been accessed / manipulated,
- WEB WERKS has sufficient reasons to believe that suspension of customer's services is essential to protect the organization's functioning, client's payment has been outstanding, inspite of constant reminders, suspension has been ordered by law.
WEB WERKS will exercise all possible efforts to issue a reasonable advance notice to the customer informing them about the suspension of services, under this clause, and also issue a possible remedy, if applicable, unless it is determined in reasonable judgment that the order of suspension is irrevocable and absolutely unavoidable.
1.17. Credit limitations
A) The minimum period as mentioned above, of Failure that will qualify for Service Credit is 60 minutes, any period shorter than that will not be aggregated. In case of multiple periods of Failure occurring at the same time or overlapping, Customer will qualify for the longest period of failure to receive Credit. WEB WERKS is not bound to issue multiple credits for one incident, if that one incident qualifies for credits pertaining to multiple parts of this SLA. During such an event, WEB WERKS reserves the rights to decide the credits that may be awarded. Also, the maximum credit that may be issued during a calendar year is equivalent to double the average monthly Service fees over prevailing 12 months. This clause covers Credits that qualify for all Service features and are not related to the length of the failure or the number of times it has occurred.
B) In case the Service credits for a particular year exceed 25% of WEB WERKS' revenues arising out of such period, WEB WERKS holds the right to pro-rate the amount of credits that may be given out to the Customers so that they do not exceed the 25% limit. Please note that WEB WERKS' revenues refer to the Services provided by WEB WERKS brand and does not include revenues from WEB WERKS' any other business unit operating under a different name and providing services that differ from WEB WERKS' services. WEB WERKS has its own internal accounting procedures to compute the revenues and is not liable to disclose its financial information to Customers or third party for this purpose.
C) All the Service Credits that have been covered by this SLA will apply only to services rendered in future and do not qualify for credits that may arise out of service delivery in the past. In case a Customer has retained some amount of Service Credit after discontinuing WEB WERKS' Services, such amount will be forfeited. This Credit amount cannot be used against any Service provided by WEB WERKS in future or cannot be used in lieu of professional fees or any amount, whatsoever
D) This SLA does not qualify the following for Service Credit:
- Downtime due to emergency or pre planned maintenance;
- Acts of negligence or omissions by the Customer;
- Attacks by hackers, viruses or third party;
- DNS issues that are beyond WEB WERKS' purview;
- Issues caused by Internet irregularities beyond WEB WERKS' purview;
- Events arising out of natural or manmade disasters or force majeure
- Any anomaly arising at Customer's end.
Emergency Maintenance refers to actions that are intended to correct conditions that may cause service failures, and will be decided by WEB WERKS in its sole discretion. WEB WERKS will exercise all possible efforts to restore the Services as soon as possible and will also try and inform the Customers well in advance about the same. But WEB WERKS does not guarantee issuing such a notice and hence the failure to send out these notifications does not amount to Service Failure.
1.18. Dispute resolution and arbitration
In the-event of a dispute between the parties, the dispute should first be raised to the other party's representative and discussed between the two representatives. Please note as mentioned below, the time frame for dispute resolution:
- Earnest attempts will be made to solve the dispute by discussions between WEB WERKS and the petitioner within 15 days of the dispute being reported.
- If the dispute cannot be resolved as per both the parties' satisfaction within 15 days, it shall be transferred to a Steering Committee.
- In the event of a dispute which is unresolved for a period of 60 days after the meeting of the Steering Committee, the parties shall agree to resolve the controversy by final and binding arbitration in accordance with the Rules framed under the Indian Arbitration and Conciliation Act, 1996.
All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Mumbai, Maharashtra, India, and the Customer and WEB WERKS consent to personal jurisdiction in those courts.
2. Billing Policy
2.1. Payment Methods:
- All Prices are in “INR” .
- Taxes will be applicable at actual.
- Taxes are subject to be change as per the government policy.
- Above best prices are valid only for the contract period of min 5 yrs.
- Monthly recurring charges to be paid on monthly/quarterly on advance basis.
- Monthly/quarterly payment to be made within 10 days from the of submission of invoice.
- Charges for the additional resources would be extra at actual.
- We accept payments done through EBS, PayPal, Moneybookers, and Cheque & Bank Transfer.
2.2. Bank Payments
In case of bank payments, please submit your bank payment receipt from your client area or email us at billing@Web Werks.com This would help us to locate your payments without any further delay.
2.3. Internet Data Transfer
If your account exceeds the data transfer limit, we will inform you. If you do not wish to purchase extra data transfer or upgrade you’re Account and continue to exceed the limit, the Account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won't be exceeded again or upgrade your account, whichever is earlier.
2.4. Billing Information
In order to change the contact details, billing cycle, account upgrade/downgrade or cancellation, an email request from the registered email address is compulsory. Requests made on the live chat and call won't be entertained. This is due to security reasons.
2.5. Hosting Renewals
Hosting accounts are to be renewed as per their respective billing cycle. A reminder is sent to all customers 10 days prior to their date of renewal. Second reminder is sent 5 days in advance of the renewal date. The final reminder is sent on the date of renewal itself. These reminders are sent in advance so that the customers have sufficient time to arrange funds for their due account.
A grace period of 5 days is allowed after the renewal date for the invoices to be paid. All services are put under suspension on the 6th day after the date of renewal. Notification email is sent to the customers informing about the hosting renewal being past due date & suspension of the services. The account is terminated once the suspension period of 15 days is over. Under no circumstances would a backup be provided to the client.
2.7. Effect of Termination
On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to WEB WERKS within 14 working days.
a. In case of dissatisfaction from our services, clients have the liberty to cancel their projects and request a refund from us. Our Policy for the cancellation and refund will be as per contract.
b. Cancellation of service renewals for on-going website promotion, website hosting or domain registration services must be made at least seven 7 business days prior to the end of the current service period.
We provide 30 days money back guarantee to our customers within which the customer has to email us at firstname.lastname@example.org informing about the reason for the cancellation and accordingly the refund will be processed and the refund process takes 2 to 3 weeks of business days .However the refund does not cover the below mentioned packages:-
- Domain Registrations/Domain Transfers/Domain Renewals.
- Dedicated Servers.
- SSL Certificates.
- Third party software licenses.
- Any other Add-ons.
2.10. Account Verification
All our orders are filtered through a strict fraud detection process. Our verification department cross checks all the information provided by the customer while placing the order. This is done to ensure that the account owner is well aware about the order placed by him and payment is made with his consent. Accounts are setup immediately once orders are verified through the defined process.
2.11. Security Violations
If an account has been terminated due to policy violations, copy-right infringement, hosting ethics violations, complaints received from authorized legal agencies, government departments, spam deterrent agencies or any other recognized internet authority, WEB WERKS is not liable to refund any charges paid for by the customer. We terminate / cancel accounts only after having evidence to substantiate the charges / violations levied.
Credits or compensation is given only when services guaranteed on our website have not been provided by us. Also, compensation amount will be decided by our Billing department.
2.13. Charge Backs/Disputes
In case of any charge backs or disputes, immediate suspension will take place for the respective account. If required WEB WERKS has full right to terminate the account and no backup would be provided. Charge backs are nowhere related to the refunds. Hence WEB WERKS will charge INR 500.00 /- as a Penalty to the customer in case of any charge backs or disputes.
In case of further enquiries or clarifications, please contact the billing department. The email address to reach the billing department is In case of further enquiries or clarifications, please contact the billing department. The email address to reach the billing department is billing@Web Werks.co.in.
3. Terms and Condition
WEB WERKS ("we", "us") provides Colocation Services, Cloud Service (Private, Public and Hybrid) Dedicated Servers and other Data Center Related services together with such other services as are agreed between it and the customer ("the Services").
By subscribing to any of the Services and opening an account with us ("the Account") you ("the Customer") agree to be bound by these terms and conditions. These terms and conditions apply to all WEB WERKS accounts. They set out the basis on which we offer our services and should be read carefully.
All information displayed, transmitted or carried on WEB WERKS is protected by copyright and other intellectual property laws.
This site is designed, updated and maintained independently by WEB WERKS The content is owned by WEB WERKS You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content.
WEB WERKS disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We consider ourselves and intend to be subject to the jurisdiction only of the courts of Mumbai, India.
WEB WERKS reserves the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
WEB WERKS Values the privacy of information pertaining to its associates. We do not use or disclose information about your individual visits to our website or any information that you may give us, such as your name, address, email address or telephone number, to any outside sources.
WEB WERKS reserves the right to refuse service to anyone at any time.
WEB WERKS will not use information about you without your permission and will provide the means for you to manage and control the information that you have provided. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately.
WEB WERKS does not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number.
- WEB WERKS will use reasonable efforts to supply a continuous service. However, WEB WERKS is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. WEB WERKS is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
- You agree that WEB WERKS is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. WEB WERKS is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of India or other applicable law.
- From time to time WEB WERKS or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. WEB WERKS will give as much notice as possible and shall try to keep this work to the period specified in the notice. WEB WERKS accepts no liability whatsoever arising from such a suspension of the service.
- YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address (es) and assigned IP Addresses may be released to the APNIC NCC to ensure that both WE and YOU fulfil their obligations under prevailing APNIC policies and that such data may be published in whole or in part in the APNIC WHOIS database.
3.3. Termination of Contract
Client may terminate this agreement upon the material breach of service agreement, if material breach remains uncured for 2 weeks following written notice to Web Werks India Pvt Ltd. registered address. This cure period may get extended due to events beyond the control of WEB WERKS including, but not limited to, natural disasters, governmental prohibitions or regulations, viruses that did not result from the acts or omissions of WEB WERKS, or technical faults of WEB WERKS's service providers or vendors. Client can also terminate the services giving 3 month written notice period, with appropriate reason and compensation, (Which will be discussed at the time of Ordering)
Web Werks India Pvt Ltd. may terminate this Agreement at any time, without penalty (Penalty to be applicable in case of non-payment of fees or breach of agreement) by appropriate notice to client in case of violation of any foreign, federal, state, or local law; non-payment of fees as per agreement; breach of this Agreement; violation of the Terms of Service available in http://www.WebWerks.in/terms.php and any written modifications thereof; and violation of any other WEB WERKS policy
3.4. Banned Content
a. Customers must use the Services provided for lawful, authorized purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. The list of banned content includes, but is not limited to:-
- Illegal Material - This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
- Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
- HYIP - We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites.
- IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any second violation will result in immediate account termination.
- Defamatory content - any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
- Bit Torrents - Use of software and scripts for "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.
b. We are under no obligation to edit, review or modify the contents of your website. However, we reserve the right to remove any content without notice. For the avoidance of doubt we do not pro-actively monitor messages that you may post on our managed sites, but we reserve the right to remove such message at our sole discretion.
c. The Customer agrees to fully and effectively indemnify WEB WERKS against all losses, costs, actions, proceedings, claims, damages, expenses, (including legal expenses) or liabilities, howsoever suffered or incurred directly by WEB WERKS in consequence of the Customers breach or non-observance of this Clause 3.
3.5. Adult Content
We allow websites with legal adult content only. We do not allow pornographic or sexually-explicit images of children or any pictures/ video which are obtained illegally to host on our servers.
3.6. Server / Resource / Staff Abuse
- You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients' accounts.
- If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
- Denial of Service (DOS) attacks directed at WEB WERKS, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.
- If you are in any way disrespectful towards any member of the WEB WERKS staff we have full right to terminate your account with us without any refund.
3.7. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL
- You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. WEB WERKS would be the sole arbiter as to what constitutes a violation of this Clause.
- You agree and understand that we have set a limit of 3600 outgoing emails per hour on Dedicated Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.
3.8. Security and Viruses
- You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.
- Your password provides access to your Account. It is your responsibility to keep your password secure.
- Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.
- Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.
- You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
- You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
- You agree and understand that users who violate systems or network security may incur criminal or civil liability. WEB WERKS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
- You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services.
3.9. Shipping Policy:
- For International buyers, orders are shipped and delivered through registered international courier companies and/or International speed post only. For domestic buyers, orders are shipped through registered domestic courier companies and /or speed post only. Orders are shipped within 15 working days or as per the delivery date agreed at the time of order confirmation and delivering of the shipment subject to Courier Company / post office norms.
- WEB WERKS is not liable for any delay in delivery by the courier company / postal authorities and only guarantees to hand over the consignment to the courier company or postal authorities within 15 working days from the date of the order and payment or as per the delivery date agreed at the time of order confirmation. Delivery of all orders will be to registered address of the buyer as per the credit/debit card only at all times (Unless specified at the time of Order). WEB WERKS is in no way responsible for any damage to the order while in transit to the buyer. Payments WEB WERKS is proud to use EBS for fast, easy and efficient secure payments. All major credit cards are accepted.
3.10. Modification of Terms of Service
WEB WERKS reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.
3.11. Limitation of liability
a. WEB WERKS disclaims all liabilities in connection with the following:
- Loss of material uploaded;
- Incompatibility of the Services with any of the Customer's equipment, software or telecommunications links;
- Technical problems including errors or interruptions of the Services; Unsuitability, unreliability or inaccuracy of the Services;
- Computer viruses of any kind obtained by the Customer in the course of using the Services;
- Any security breaches whatsoever affecting the Customer's Account.
b. In no event shall WEB WERKS be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
c. WEB WERKS will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
IN WITNESS WHEREOF this Agreement has been executed by the duly authorized representative of each Party on the day, month and year first above written.