|This policy represents the N I Biz Soft Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all N I Biz Soft customers agree to when they sign-up for any of the N I Biz Soft web site hosting, domain, development and any other services. N I Biz Soft reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by N I Biz Soft agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with N I Biz Soft. N I Biz Soft retains the sole discretion to make judgment regarding any violation by any N I Biz Soft customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer.s services without refund and/or, if deemed appropriate, be legally prosecuted.—————————
In consideration for N I Biz Soft maintaining one or more accounts (each “Account”), you, as the N I Biz Soft customer, agree to the following terms of service.
- “We” “Us” or “Provider” or “N I Biz Soft.” .nibizsoft.com.
- “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
N I Biz Soft however, offers a 99.9% uptime guarantee. This is valid for only the N I Biz Soft servers and our primary co-location internet connection. N I Biz Soft shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, N I Biz Soft is not responsible for any down time caused by any provider.s hardware or network malfunction which is outside of N I Biz Soft capability to directly correct. N I Biz Soft clients are diverse and their web sites and the function of those web sites are diverse and N I Biz Soft cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
N I Biz Soft MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither N I Biz Soft nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of N I Biz Soft, even if N I Biz Soft has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL N I Biz Soft BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE N I Biz Soft. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF N I Biz Soft. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF N I Biz Soft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL N I Biz Soft. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO N I Biz Soft FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, N I Biz Soft. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to indemnify, defend and hold N I Biz Soft and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto N I Biz Soft. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to N I Biz Soft. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by N I Biz Soft. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
CHOICE OF LAW
This Agreement shall be interpreted under the laws of Bangladesh without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of Bangladesh. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided by N I Biz Soft
N I Biz Soft will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows N I Biz Soft members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. N I Biz Soft members will use the provided services in a manner consistent with any and all applicable laws. N I Biz Soft provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. N I Biz Soft reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, N I Biz Soft can terminate client’s account without notification.
N I Biz Soft provides timely web site hosting support to our clients through emails. By accepting your client contract agreement with N I Biz Soft You agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of N I Biz Soft and any employee or contractor of N I Biz Soft.
N I Biz Soft will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at anytime by following the instructions at the bottom of those e-mails.
- Client Content:
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of N I Biz Soft or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to N I Biz Soft or any third party. Customers may not run IRC, bots or clients. Clients may not use N I Biz Soft servers for file storage unrelated to the client’s web site, storage Space is for active web site file pages only. N I Biz Soft’ shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their addon domains that are not domains owned by the client on record at N I Biz Soft. You will need to opt-in for our reseller hosting service. Unacceptable uses alsoinclude: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites. N I Biz Soft will be the sole and final arbiter as to what constitutes a violation of this policy. N I Biz Soft does not normally monitor the contents of clients servers, however if suspicion occurs, N I Biz Soft reserves the right to investigate and terminate the clients subscription to the service.
- Unlimited Features:
What do you mean by “unlimited disk space and bandwidth/data transfer”We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence.Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business web site.If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
- Excessive Resource User Policy:
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o) utilization. N I Biz Soft offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that N I Biz Soft control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of 1 CPU core, and/or 1 GB Memory and/or 20 concurrent connections also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. N I Biz Soft will make every reasonable effort to notify customer prior to suspension, however, N I Biz Soft may suspend any offending hosting account with/without notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. N I Biz Soft will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
- No “Spam”:
UCE/UBE or “Spam” originating from a server located on our network or associated with a N I Biz Soft server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the N I Biz Soft network but is sent from an e-mail address not associated with that N I Biz Soft account. Client shall not use their N I Biz Soft services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. N I Biz Soft reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
- Excessive Exploits
N I Biz Soft allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or N I Biz Soft reserves the right to terminate that clients’ account and provide them with a prorated refund.
- False Information:
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact N I Biz Soft concerning unethical, false or unlawful activities by you, N I Biz Soft reserve the right to suspend or terminate your service with or without notice.
- Licensed Software Only:
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
- Miss Behave ( NIBIZ SOFT Staff vs Customer ):
NIBIZ SOFT strongly maintain its staff and support team. if we get any complain from customer about any miss behave by our staff then we shall take instant action on this, on the other hand if we found customer is tempering our staff like offering him jobs, personal attack, company repetitional issue, threat or any other way then its rights to NIBIZ Soft to take any legal action as well as service suspension. We believe most of the time its simple miss-understanding.
- Back-Up Files:
N I Biz Soft provides the tools needed to create back ups of account data. N I Biz Soft also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. N I Biz Soft does not provide or keep records or copies of our clients web site files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Payment, Renewal, Cancellations
- Payment Obligations:
Full payment is required in advance before hosting service is established. N I Biz Soft sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.You warrant and represent that the information you supply in the Order Form (or other information that N I Biz Soft may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client.s responsibility to ensure that payment is made to N I Biz Soft prior to the renewal date and although N I Biz Soft sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying N I Biz Soft, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.
It is the obligation of the N I Biz Soft customer to know when their account comes up for renewal and if their intention is to non renew their account they must contact within 5 business days prior to their account’s renewal date to ensure that N I Biz Soft billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. N I Biz Soft clients receive email notification 15 days prior to the renewal date of their account informing them that their renewal date is approaching. It is the customer’s responsibility to ensure that N I Biz Soft has a valid email address for which we can send out renewal notices to our clients. If N I Biz Soft does not receive a cancellation request prior to the customer’s renewal we will renew the clients’ account on the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 30 day money back guarantee applies only to the start date of the clients’ service with N I Biz Soft and does not apply to renewals of service.
- Late Fees ( Only for Domain Renewal ):
For domain renewal, client must need to contact with us for domain renewal before expire date, that he/she wants to renew it via any media. But if client contact with us after expire of a domain name then a fine of 3000/= BDT need to pay for next 15days of expire. And after 15days 7,500/= BDT will be the fine for next 15 days. note that fine amount may vary depending on dollar rate in Bangladesh.
- Cancellation & Refunds:
Should you become dissatisfied with our services( in terms of hosting down time and not get proper support from us ) within the first 30 days of your account activation, N I Biz Soft will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are 1000/=BDT/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves N I Biz Soft hosting service within the 30 day money back guarantee.In addition refunds are not available for additional services which you may purchase at N I Biz Soft for instance an additional domain name we may purchase for a client is not refundable and a dedicated IP which we may setup for a client for a charge is not refundable.Web site files are the responsibility of the N I Biz Soft customer and should a N I Biz Soft customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the web site files and any emails from the N I Biz Soft server prior to requesting that N I Biz Soft cancels their account. Once the cancellation request has been submitted to N I Biz Soft a cancelattion of the web site hosting service may occur anytime after the request is received by N I Biz Soft and when a cancellation request is completed the client’s hosting account with N I Biz Soft and their web site files are permenantly removed from the N I Biz Soft servers. Therefore again it is the client’s obligation to ensure that they have downloaded their web site files and any emails from the server prior to their cancellation request.For Software/Application Development there is no refund available. Refund may only possible for this category if there is a written agreement between Client & N I Biz Soft.
99.9% Service Level Agreement ” SLA”
N I Biz Soft offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. N I Biz Soft will try to maintain maximum uptime. N I Biz Soft is not responsible for any downtime caused by the client.
30-Day Money Back Guarantee
N I Biz Soft offers an unconditional 30-day money back guarantee that covers cancellations on shared hosting, reseller hosting and VPS hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name costs which are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations & dedicated servers are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are 1000BDT/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves N I Biz Soft hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to firstname.lastname@example.org