iWebz℠ ownCloud Account Service Terms

Last updated 22nd May, 2017

BY USING THIS SITE, THE SERVICES AVAILABLE AT THIS SITE, AND ANY SERVICE, SOFTWARE, APPLICATION, OR PROGRAM CREATED BY IWEBZ RETAIL PRIVATE LIMITED OPC (“IWEBZ”), YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF IWEBZ’S ONLINE HOSTED OWNCLOUD ACCOUNT SERVICE, INCLUDING THE MY IWEBZ SUPPORT AND BILLING PORTAL, OTHER ONLINE AND OFFLINE COMPONENTS (COLLECTIVELY, THE “SERVICE”). IF YOU ARE ENTERING IN TO 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 TERMS “USER”, “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SERVICE.

1. Introduction:

iWebz℠ is a retail provider of Web Infrastructure services. iWebz offers the Service via prepaid subscription plans at its website cloud.iwebz.net.

ownCloud is open source file sync and share software that is hosted on iWebz’s cloud servers for the purpose of offering an online hosted service that is accessible to Users from anywhere. Users are provided with login details to access this service based on their selected prepaid subscription plan.

The service is provided with all options and documentation specified in the English language only.

The relationship (subscription or otherwise) with Users of an iWebz service is governed via their User accounts. A subscription plan is referred to as an Order in the My iWebz portal.

Your ownCloud User Account order will be activated immediately upon payment. Your next billing date will be calculated from the date of Order activation.

2. Subscription Plan Definition:

iWebz offers standardised prepaid subscription plans which offer features enabled in the Service, and are subject to certain limitations. iWebz provides these subscription plan user accounts with a minimum of 2 GB of file sync storage. iWebz reserves the right to remove, without notice, any or all data stored in any user account if the account has not paid the invoiced subscription fees 3 days beyond the due date, and/or violates iWebz’s User Conduct Policy (section #10).

iWebz reserves the right to refuse the Service to any user, for any reason, at our sole discretion. Any payments made in such cases will be refunded.

3. Incomplete Signup and Incorrect Client Information:

If you begin the signup process for an account but fail to complete the process, iWebz may contact you in an effort to help successfully guide you through the remainder of the registration. You hereby authorize iWebz to make such contact, even if you ultimately determine not to sign up for iWebz.

If you have incomplete or incorrect information in your account, iWebz may contact you in an effort to help you successfully update or correct the information. You hereby authorize iWebz to make such contact. If iWebz is unable to reach you, or you do not respond to iWebz’s contact, your account will be disabled and all Client privileges will be revoked until the matter is successfully resolved.

4. Non-Transferable Membership:

iWebz grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the “Content”) solely for your own internal purposes. All rights not expressly granted by iWebz to you are retained.

5. Restrictions:

You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without iWebz’s prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.

You agree that you will not re-sell, sub-lease, reassign or transfer any part of the Service.

6. Third Party Interaction:

In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. iWebz shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Use of third party software or services in conjunction with the Service is entirely your decision. iWebz also bears no liability, obligation or responsibility to support such third party software or services even if the possibility of integration is indicated or implied.

You are liable for all charges levied by your internet service provider arising from your use of the Services.

7. Links to Third Party Sites:

iWebz does not endorse any sites on the Internet that are linked through the Service. iWebz is providing these links to you only as a matter of convenience, and in no event shall iWebz be responsible for any content, products, or other materials on or available from such sites.

8. Payment of Fees, Cancellations and Refunds:

Payments

iWebz offers its Service, as described on the iWebz website (cloud.iwebz.net) and as published within the Service, for advance / prepaid monthly fees (the “Fees”) which you will pay to iWebz by Bank transfer, an authorized credit card, via PayPal, or via any other payment mechanism with availability as notified from time to time (the “Payment Method”), as applicable for your region. The Fees applicable for the Service are available at cloud.iwebz.net and as published within the Service. iWebz reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by e-mail). Your account will automatically be invoiced the updated Fees on the the expiration of the previous billing period/cycle. Thereafter, the Fees will automatically be due from your account, in advance, on or before the 1st day of your subscription billing cycle.

Cancellations and Refunds

You may cancel your Paid subscription (Order) at any time during the Cancellation Interval by contacting iWebz Support through the Contact Support link.

A Refund is defined as a percentage of the Fee paid inclusive of taxes paid (if any). All store credit or refunds will be given against the Indian Rupee as the reference currency.

For a Refund to be applicable you need to cancel your Paid subscription (Order) within a specific time frame from the time of your first payment. Hence, our Refund policy is as follows:

 

Mode of Payment Cancellation Interval (CI) Refund during CI Refund after CI
Cards/Net Banking/Digital Wallets/UPI via Payment Gateway * 7 days of payment 97.8% 0%

* 2.2% inclusive of all taxes is retained by our payment gateway as non-refundable transaction charges. Since we do not receive the amount, we cannot return it.

In the extraordinary event that you face Technical or other Service issues that are on our end, and if you opt not to cancel your Paid subscription (Order), you will receive a proportional adjustment to the next billing due date. For this we will count the date of your complaint as the start date for such an adjustment calculation.

Cancellation of your Paid subscription (Order), will result in immediate deletion of your ownCloud User account with all associated storage. iWebz is not responsible for any inconvenience, extra cost incurred, or files & data lost by the account holder during this process. This deletion of data will not apply to all your billing data & support communications which you agree to be retained by iWebz and will not be provided to you after cancellation.

Your ownCloud account will be considered to have expired if your Fees are unpaid at the beginning of the next accounting cycle. The Service will be suspended and your account will be disabled until your fees are paid in full. Your user account and files will be immediately purged from the system if the account is in expired state for more than 7 days after expiry.

Service Plan Upgrade/Downgrade

You may not Upgrade/Downgrade your subscription plan. Instead you can stop using your current account and signup for an account with another plan of your choosing. iWebz is not responsible for any inconvenience, extra cost incurred, or data lost by the account holder during this process.

Incorrect Billing

If you believe iWebz has billed you incorrectly, you must contact iWebz no later than 7 days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit. Inquiries should be directed to iWebz’s Customer Support department (via the Contact Support link).

9. Trial Offers, Coupons, Credits and Special Offers:

iWebz reserves the right to discontinue or modify coupons, credits and special promotional offers at any time, at our discretion.

10. User Conduct:

You agree to abide by all applicable local, state, national and foreign laws, treatises, and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to:

(a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

(b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;

(c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way;

(d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

(e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots;

(f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks;

(g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or

(h) harass or interfere with another user’s use and enjoyment of the Service.

iWebz has no obligation to monitor the Service and/or Content or any user’s use thereof or retain the content of any user session. However, iWebz reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request.

11. Account Information and Data:

iWebz does not own any data, information or material that you submit to the Service or store in your account (“Data”). iWebz will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. iWebz may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not iWebz, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data, and iWebz shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.

12. Termination:

iWebz, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to iWebz at any time; however, you will not receive a refund of any portion of your fees paid to iWebz. Upon termination by iWebz or at your direction, you may request a copy of your Data, which iWebz will make available for a fee. You must make such request at the notification of termination to receive such file at the time of processing the cancellation request. Upon termination of an account, your right to use such account and the Service immediately ceases. iWebz shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.

13. Proprietary Rights:

Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that iWebz or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including without limitation, text, images, and other multimedia data. iWebz and/or other iWebz products and services referenced herein are either trademarks or registered trademarks of iWebz.

14. Indemnification:

You shall indemnify and hold iWebz and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.

15. Disclaimer of Warranties:

IWEBZ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. IWEBZ DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY IWEBZ.

16. Limitation of Liability:

IN NO EVENT WILL ANY IWEBZ PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH IWEBZ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY IWEBZ PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

In the event that, notwithstanding the foregoing disclaimers and indemnification, iWebz is found responsible to any User for any reason whatsoever, iWebz’s liability shall be limited to the amounts actually paid by such user the one (1) month period immediately preceding the event given rise for such claim for, and shall not include punitive damages or consequential or resulting damages of any nature.

17. International Users:

By using the Service, all Users understand and consent to the processing of personal information in India.

18. Additional Rights:

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

19. Modification to Terms:

iWebz reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

20. Choice of Law and Location for Resolving Disputes:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maharashtra in India, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with iWebz or relating in any way to your use of the Services resides in the courts of Mumbai and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Mumbai in connection with any such dispute including any claim involving iWebz or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

21. General:

No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and iWebz as a result of this agreement or use of the Service. The failure of iWebz to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by iWebz in writing. iWebz has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and iWebz and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

22. Force Majeure

iWebz will use reasonable efforts to supply a continuous service. However, iWebz 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. iWebz 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 iWebz is not liable to you for any consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise.

23. Copyright Policy and Removal Policy:

iWebz respects the intellectual property of others, and we expect our users to do the same. iWebz will respond expeditiously to claims of copyright infringement committed using the iWebz service and/or the iWebz website if such claims are reported to iWebz. iWebz, in its sole discretion, may terminate the accounts of users who infringe the rights of others. If you believe that your copyrights or other intellectual property rights have been infringed on a site hosted on iWebz or through its services, you should provide iWebz’s Copyright Agent with DMCA Notice that includes the following information:

  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material, including URL, that you claim is infringing.
  • Your address, telephone number, and e-mail address;
  • A statement declaring under penalty of perjury that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • The above information in your notice is accurate, and you are the owner of the copyright interest involved, or you are authorized to act on behalf of that owner;
  • Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

iWebz’s Copyright Agent for Notice of claims of Copyright infringement can be reached as follows:

Copyright Agent
iWebz Retail Private Limited (OPC)
A-501 Marve Link, Mithchowki Malad-West,
Mumbai, Maharashtra, India. Pincode – 400064.
contact form

Questions or Additional Information:

If you have questions regarding this Agreement or wish to obtain additional information, please connect with us via our contact form.

By using our services you consent to all the Terms mentioned in this agreement. We may change this agreement from time to time. If we make any changes to this Policy, we will change the “last updated” date mentioned on this page.

 

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