HRM Technologies Pvt. Ltd. – Master’s Service Agreement

This Agreement is made between HRM Technologies Pvt. Ltd. (hereinafter referred to as “HRM “) AND You (hereinafter referred to as “Customer”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term “Customer” shall refer to such entity.

The agreement is entered into and executed at Raipur, Chhattisgarh, India on the date of invoice raised by HRM on the customer (hereinafter referred to as the “Effective Date”).

WHEREAS, HRM provides various Products and Services;

AND WHEREAS the Customer wishes to purchase various Products and Services from HRM;

NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, HRM and the Customer, intending to be legally bound, hereby agree as follows:

1. Definitions

a.

“HRM”, “we”, “us” and “our” refer to HRM Technologies Pvt Ltd.

b.

“User”, “You” and “Customer” refer to the individual or entity who avail of any Website product or services from HRM Technologies Pvt. Ltd.

c.

“AUP” shall mean the Acceptable Use Policy.

d.

“SLA” shall mean Service Level Agreement.

e.

“Agreement” shall mean all this Master Services Agreement and the SLA, AUP and the Privacy policy collectively.

f.

“Current Date” means the date on which any services are hired or availed from HRM by the Customer including the date, which in some cases may have been recorded in our database as the date of registration for services.

g.

“Due Date” shall mean expiry of a period of fifteen (15) days from the date of an invoice raised by HRM.

h.

“Customer Control Panel” refers to the set of Web-based interfaces provided by HRM and its Service Providers to the Customer which allows him to manage services.

i.

“Content” means all information, data, text, image, sound, pictures, graphics, video, messages, advertisements, codes, computer programs, software, databases or other materials hosted on HRM servers.

j.

“Initial Term” shall mean a period of 12 months from the Service Commencement Date.

k.

“Order” refers to a HRM Product ordered/purchased by the Customer having a unique Order ID assigned to it.

l.

“Products/Services” refer to the Web-based products/services made available by HRM, including but not limited to, Domain Names, Website Hosting, Website Services, Multimedia Services, Internet Marketing, etc. or may included equipments, devices, software or infrastructure. “Supplemental Services” shall mean services which are requested for in writing by the Customer other than those already agreed to be provided by HRM, as set out in the written purchase order(s) raised by the Customer on HRM and accepted by HRM.

m.

“Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.

n.

“Registration data” refers to the information provided in the Customer registration form and any other information provided later.

o.

“Renewal Term” shall mean rolling periods of the same length as the Initial Term which shall automatically commence after the expiry of the Initial Term (or as the case may be a Renewal Term) unless notice is given by either Party in the manner described in this Agreement to stop the Services, at least thirty (30) days prior to expiry of Initial Term (or as the case may be a Renewal Term).

p.

“Sensitive Information” or personal data of a person means such personal information which consists of information relating to password, financial information, etc as defined under Information Technology Act and Rules thereunder.

q.

“Service Commencement Date” shall mean the date of acceptance by HRM of the first purchase order issued by Customer under this Agreement.

r.

“Service Credits” shall mean the credits which the Customer would be entitled to receive, on account of failure of the HRM to provide Services as per the standards mentioned in the SLA.

s.

Site” and “website” refers to the https://www.hrmtechno.com and https://www.cloud.hrmtechno.com.

t.

“Term” means the Initial Term and any Renewal Term may be referred to collectively in this Agreement.

u.

“Terms” and “User Agreement” refers to the Master’s Service Agreement contained herein below.

v.

“Territory” means the territory of India.

2. Agreement

a.

You agree that, by completing the purchase / registration process online or by availing of any products or services at HRM and thereby accepting terms and conditions, you will be bound by the following Agreement. Further, that this agreement will be read together with the purchase order(s) for the service issued by the Customer and accepted by HRM.

b.

HRM services owned and operated by HRM Technologies Pvt Ltd, is provided to you under the terms and conditions of this Agreement, annexed SLA & AUP and any other operating rules or policies that may be published by us on the website from time to time.

c.

All the terms set here are presented in English language and it is the sole responsibility of Customer to understand these terms accurately in the language he understands. You must read, understand, agree with and accept all of the terms and conditions contained in these Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you use the services.

d.

You warrant that you as a Customer has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.

e.

Customer is required to take a printout of this agreement at the date of entering into agreement with us and preserve the copy for future references, as the Terms may change from time to time. But in case, no such copy of terms is preserved, the Terms existing upon the website as on date shall be applicable and cannot be disputed.

f.

The term of this Agreement for renewable services shall be 1 (ONE) YEAR from the Effective Date and will automatically renew for successive Renewal Term. The Term shall continue until the earlier to occur of the following:

I.

The Agreement is terminated as provided under Termination clause; and

II.

The Customer elects not to renew at the end of the Initial Term or any Renewal Term.

g.

We strongly recommend that, as you read this Agreement, you also access and read the information contained in Annexures and other pages/websites referred to in this document, as they may contain further terms and conditions that apply to you as a user.

h.

In case, any modification to the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.

i.

Further, we reserve the right to change or discontinue sale of specific products or services or its prices, from time to time, which will be posted on the website.

3. Services

a.

Customer shall raise purchase order on HRM for provision of Products and Services. HRM agrees to provide Services, as set out in the purchase orders issued by Customer, from the Service Commencement Date till the end of the Initial Term, in accordance with the terms of this Agreement.

b.

HRM may also provide Supplemental Services as and when requested for by the Customer and accepted by HRM. Fees for such Supplemental Services may be fixed and mutually agreed between the Parties in advance.

c.

HRM shall be entitled to refuse to accept purchase orders

I.

that are not in accordance with this Agreement, or

II.

that are issued for services / facilities not covered in the Service Catalogue or that contain terms and conditions or prices that are contrary to the understanding of the Parties or

III.

at its sole discretion.

4. Initial Terms

a.

The Initial Term for the Services shall commence on the Service Commencement Date. Customer acknowledges and accepts that the provision of Services by HRM shall be subject to a minimum service period of 3 months from the Service Commencement Date (“Minimum Service Period”). The Customer shall not be entitled to terminate this Agreement during the Minimum Service Period for any reasons whatsoever except for the sole reason as specified in this agreement. Notwithstanding anything contained herein, if the Customer terminates this Agreement before the expiry of Minimum Service Period, then the Customer undertakes and agrees to pay HRM, on or before the effective date of termination of this Agreement, an early termination compensation of an amount equivalent to the fee payable for the balance period of the Minimum Service Period, calculated from the effective date of termination of this Agreement.

b.

On expiration of the Initial Term, the Renewal Term shall automatically commence upon the same terms and conditions mentioned in this Agreement, as may be amended as on date.

c.

In the event a Party does not wish to extend/renew this Agreement after the expiry of the Initial Term or as the case may be a Renewal Term, that Party shall send a written notice of at least thirty (30) days prior to the expiry of the Initial Term or the Renewal Term as the case may be, to the other Party. Upon receipt of such notice by the other Party and expiry of the Initial Term or a Renewal Term (as the case may be), the Agreement shall be deemed to have expired.

5. Changes

a.

The Initial Term for the Services shall commence on the Service Commencement Date. Customer acknowledges and accepts that the provision of Services by HRM shall be subject to a minimum service period of 3 months from the Service Commencement Date (“Minimum Service Period”). The Customer shall not be entitled to terminate this Agreement during the Minimum Service Period for any reasons whatsoever except for the sole reason as specified in this agreement. Notwithstanding anything contained herein, if the Customer terminates this Agreement before the expiry of Minimum Service Period, then the Customer undertakes and agrees to pay HRM, on or before the effective date of termination of this Agreement, an early termination compensation of an amount equivalent to the fee payable for the balance period of the Minimum Service Period, calculated from the effective date of termination of this Agreement.

b.

On expiration of the Initial Term, the Renewal Term shall automatically commence upon the same terms and conditions mentioned in this Agreement, as may be amended as on date.

c.

In the event a Party does not wish to extend/renew this Agreement after the expiry of the Initial Term or as the case may be a Renewal Term, that Party shall send a written notice of at least thirty (30) days prior to the expiry of the Initial Term or the Renewal Term as the case may be, to the other Party. Upon receipt of such notice by the other Party and expiry of the Initial Term or a Renewal Term (as the case may be), the Agreement shall be deemed to have expired.

6. Domain Names

a.

HRM is not a domain registrar but a reseller. So all customers who purchase a domain or transfer a domain to us are bound by some additional terms and conditions as provided during Domain Registration process. Domain purchases as well as domain transfers are billed at different prices as may be applicable to respective extensions. You will receive notice from HRM, once your domain is registered or comes up for renewal. If you do not renew your domain by the expiration date you run the risk of losing your domain.

b.

If you have registered a Domain name at HRM with a hosting package and later choose to cancel your hosting plan with HRM or fail to pay your renewal we will not be renewing your domain past the cancellation date of your hosting plan. We are not responsible for domains that expire if you no longer have an active hosting plan.

Furthermore,

c.

Customer is required to provide correct and maintain up-to-date registrant information for the registered Domain Names, which is also made available as WHO-IS information under ICANN policy. Providing any false WHOIS information can lead to suspension and later cancellation of Domain Registration, as per the ICANN rules.

d.

Customers have the option though to choose Privacy Protect option and hide the WHOIS information, with some specific details made available by privacy services. Note, this feature is currently available for specific TLDs only like .Com, .Net, .Org and more but no to .IN Domain Names. HRM do not undertake or warrants the continuous availability of such option under Privacy Protect option.

e.

Once a Domain Name is ordered for registration at HRM and the time taken for the payment to be credited at our end, the Domain remains available to public for registration globally. Customer under no circumstances make HRM responsible in such cases.

f.

Once a Domain Name goes into the Deletion process, after its expiration, HRM makes no guarantee about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase. This is governed by respective Domain Deletion Cycle policies, as may be applicable to different Domain Name extensions.

7. Pricing, Refunds & Renewals

a.

Customer shall pay all applicable fees/advances as per the Payment Terms and Conditions set out along with respective products and services.

b.

HRM offers a thirty (30) day money-back guarantee for HRM’s Shared Hosting Cloud Hosting and Dedicated Servers as well. If you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the unused and prorated amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services. Also, the accounts cancelled/terminated by HRM do not qualify for the 30 day money back guarantee. This also includes accounts suspended for Terms of Service violations, in which the customer decides not to fix the violation. Kindly note, only first‐time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

c.

HRM will, subject to the above, charge a non-refundable fee for an Order unless stated otherwise in any Specific Product Agreement.

d.

Customer acknowledges that it is the Customer’s responsibility to keep records and maintain reminders regarding the expiry of any Order. Though as per policy, we do issue reminders to the Customer of any expiring Orders in advance, via an email message sent to the contact information associated with the Customer in our database. You agree that until and unless you notify HRM of your desire to cancel any or all services received, those services will be billed on a recurring basis. HRM reserves the right to change the monthly payment amount and any other charges at any time.

e.

Customer acknowledges that after expiration of the term of an Order, Customer has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to HRM. HRM and Service Providers may make any modifications to said Order or any information associated with said Order and may choose to monetize such requests in any fashion at their sole discretion. And also may choose to delete or transfer said Order at anytime after expiry upon their sole discretion. Customer acknowledges that HRM and/or Service Providers shall not liable to Customer or any third party for any action performed under this clause.

f.

HRM at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.

g.

All invoices must be paid as per the payment terms set out in invoice / proforma invoice raised by HRM. Any invoice that is overdue for more than seven (07) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, HRM may suspend or terminate your account and pursue the interest thereon, collection costs incurred by HRM, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. HRM will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

h.

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment, we do not automatically reactivate the dedicated servers. Contact HRM directly after you make a late payment to reactivate the dedicated server.

i.

You have thirty (30) days to dispute any charge or payment processed by HRM. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

j.

HRM would render the services to the customer within a reasonable time frame ranging from 2 hrs – 48 hrs upon receipt of payment from the client. In case additional time is needed to provision the services, then the same will be communicated to the customer.

k.

In case of online transactions, if a customer has by mistake paid twice for a single transaction, the duplicate transaction amount will be refunded via same source within 30 working days.

8. Suspension of Services

a.

Customer agrees and accepts that HRM shall be entitled to enact Temporary Suspension of Services without Prior Notice in circumstances such as:

I.

A security breach on HRM data center.

II.

HRM Data center is affected by malware.

III.

Cyber Attack on the HRM Data Center crippling the service.

IV.

Unforeseen failure of hardware beyond the redundancies.

V.

Power outrage beyond the backup capacity of the HRM Data Center.

VI.

Any Natural Disaster or Act of God.

VII.

The Services being used by the Customer in violation of the terms and conditions.

VIII.

To protect the servers maintained by HRM in the event of a threat of breakdown or where there is a valid reason to believe that not suspending the Services would cause loss to the other customers of HRM.

IX.

In cases where suspension is required by law; and

X.

Any other justifiable reason which HRM may reasonably determine.

XI.

Customer shall be entitled for SLA defined credit in the event of Service disruption or suspension attributed to failure on part of HRM.

b.

Subjected to above clause, customer further agrees and accepts that Services may be suspended by giving at least Seven (7) days prior notice, with an opportunity of being heard, for Customer to remedy a situation under circumstances such as the following:

I.

HRM has reason to believe that Services are being used by the Customer in violation of the terms and conditions mentioned in the Agreement including the AUP.

II.

HRM believes that the Services provided by HRM to Customer are being used by non-authorized persons without the consent of HRM.

III.

In situations where there is no cooperation from Customer during investigation of suspected violation of the Agreement.

IV.

HRM believes that the Services provided by HRM to Customer are being used for activities not in compliance with the applicable laws.

V.

Customer shall not be entitled to claim Service Level Credits as set out in the SLA during such period of suspension.

c.

Without prejudice to HRM’s right to termination clause, if the Customer fails to fulfill its payment obligations, HRM may at its discretion can

I.

suspend performance of Services, or

II.

continue performance of Services if HRM deems such continuance to be appropriate.

III.

Customer shall not be entitled to claim Service Level Credits as set out in the SLA during such period of default. Customer further agrees to make a payment of INR 5000.00 towards service restoration charges.

IV.

In the event of suspension under this clause HRM will not be responsible/liable for availability of the data and files of the Customer after such suspension. HRM shall not be held liable for any loss of data, content or files of the Customer upon such suspension.

d.

Customer agrees and acknowledges that in the event of suspension of Services for the reasons as specified in Clauses above, Customer shall be responsible for all fees and charges for the Services incurred through the period of suspension. Customer understands that HRM’s aforesaid right to suspend is in addition to its right to terminate under this Agreement.

e.

You can obtain assistance with any technical difficulty that may arise in connection with user’s utilization of the HRM Services by requesting assistance via email to support@hrmtechno.com. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available.

f.

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the HRM Services and users shall be responsible for all charges related thereto.

g.

In case of any Grievance with respect of any HRM services, Customer has the option to report the content, to the Grievance Officer, at escalation@hrmtechno.com.

9. Data Retention, Back Up, Monitoring Policy

a.

The system logs of the servers hosting the client data and applications would be retained as a backup in our server for at least 3 (three) months from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.

b.

In case of any disaster recovery situations within our network, we will have backup available with us to restore the Data to the main Server. We may have maximum of 2 weeks of backed up data, previous to the date of the incident.

c.

To ensure users receive the highest possible level of service, HRM may randomly monitor the client servers, applications and running services. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner. In event of such monitoring, HRM never looks into the content of the Data of the Customer and the access is limited to system level access.

d.

On request of the customer, HRM technician may access customer’s data with prior permission. This shall always be done in the presence of the customer through a remote session.

e.

Keeping the access password secure is the sole responsibility of the customer. Any breach due to such compromise and loss or theft of data shall be the sole responsibility of the Customer.

f.

HRM offers highly level of security to mitigate the risks of cyberattacks, but HRM does not control all the operating systems and applications which may have their own vulnerability beyond what are already known.

g.

But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a HRM user agree that in no case, HRM can be held responsible for loss of data in any circumstances.

h.

Customer agrees not to hold HRM responsible for any such loss of data or breach of data privacy and at all times indemnify HRM from such breaches.

i.

In case there is an evidence of any employee of HRM willfully steals or destroys the data of the Customer, HRM shall fully cooperate with the Customer to pursue legal remedies against such individuals.

10. Customers Obligations

a.

To be able to buy any products or avail any of the services offered by us, you need to be competent to contract as per the Indian Contract Act, 1872, which excludes minors, i.e. persons below the age of 18 years, persons of unsound mind and undischarged insolvents.

b.

Further you confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this agreement or online services of nature and function similar to ours.

c.

You also confirm that you are not violating any applicable law by entering this agreement. We reserve the right to terminate your services and refuse to provide access to the services in case of any such violation.

d.

As a registered Customer you are responsible for maintaining the confidentiality of your Registered Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur due to your use or under your account or Password.

e.

Services as a registered user are available to you only if you provide personal information to HRM. Consequently, if you choose not to provide us with any required personal information, HRM will not be able to offer you the services, which is governed by the Privacy Policy.

f.

To provide true, accurate, current and complete information about yourself in the registration form (such information being the “Registration Data”) and regularly maintain and promptly update the Registration and also Domain WHOIS Data to keep it true, accurate, current and complete.

g.

To use the services only for the purpose that are permitted by the aforesaid Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.

h.

That you will be solely responsible for any breach of your obligations under the terms and for the consequence of any such breach, including any loss or damage, which we may suffer as a result and that we cannot be held responsible to you or to any third party.

i.

That your account and the activity under it are subject to review from time to time by us. On the basis of the internal report, your account or access to any services or products may be blocked or may become subject of deletion if found to be objectionable, obscene or offensive, without any prior notice to you.

j.

That you agree to maintain a backup copy of all content hosted by HRM notwithstanding any agreement by HRM to provide any backup services. Also, you need to keep up to date the scripts/code used upon the website for all times and for any exploits in the script, you will be solely responsible to compensate HRM.

k.

That you agree that you will not solicit passwords or personal identifying information for any purposes from other accounts or try to hack into the server in any manner.

l.

That you agree to grant the rights to us to reveal your identity (or any other related information collected on this service) if required by law or in case of any legal action or complaint arising from any situation caused by your use of this site. Further, in exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you post on the Site. If you fail to produce such evidence, we may, in our sole discretion, terminate your services without notice.

m.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, or access to the Service.

11. Code of Conduct

You further agree not to host, display, upload, modify, publish, transmit, update or share any information that:

a.

belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;

b.

is grossly harmful, harassing, blasphemous defamatory, obscene, pedophilic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c.

harm minors in any way;

d.

infringes any patent, trademark, copyright or other proprietary rights;

e.

violates any law for the time being in force;

f.

deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g.

impersonate another person.

h.

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

i.

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

12. Abuse Prevention Policy

a.

The Services provided to the User by HRM may only be used for lawful purposes. That is, when you sign up for HRM, you agree not to use the services to send spam, distribute viruses, or otherwise abuse the service, which is provided herein-above and also comprehensively under Acceptable Use Policy (Annexure 2).

b.

Otherwise also transmission, storage, distribution or presentation of any Content in violation of any and all applicable laws is prohibited. In case any violation of either terms or Law of the land is discovered, we may suspend the service(s) and immediately initiate an investigation either internally or through any Government Agency, depending upon the circumstances of the case.

c.

We may, at any and all times, in our sole and absolute discretion, during such an investigation, restrict your access in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, we may, at its sole discretion, restrict, suspend, or terminate a any service(s) and/or pursue other legal remedies.

d.

You agree to grant the rights to us to reveal your identity (or any other related information collected on this service) if required by law or in case of any legal action or complaint arising from any situation caused by your use of our services. In exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you have stored/transmitted through HRM server/service. If you fail to produce such evidence, we may, in our sole discretion, block/terminate your access without notice.

13. Termination Policy

a.

Either Party may terminate this Agreement at any time by giving a 30 (Thirty) days notice. Notice served on email shall be considered as a valid notice. For the purpose the registered email address of the customer shall be considered as the official email id and support@hrmtechno.com shall be considered as the official email id of HRM.

b.

With immediate effect, if the other Party is adjudged insolvent or bankrupt, or if proceedings are instituted by or against a Party seeking relief, reorganization or arrangement or compromise or settlement under any laws relating to insolvency, or seeking any assignment for the benefit of creditors, or seeking the appointment of a receiver, liquidator or trustee of a Party’s property or assets or the liquidation, dissolution or winding up of a Party’s Business.

c.

HRM may Terminate this Agreement and/or any Customer Product Agreement Extension by notifying the Customer in writing, as of the date specified in such notice of termination under the following circumstances:

i.

In case of non-compliance with the Agreement and its Annexures, rules and regulations or the Law of the Land, HRM reserves the right to immediately terminate the access or usage rights of the users to the services and also remove non-compliant information.

ii.

In our sole discretion, may terminate the account/password or use of any or all of the services, for any reason, including, without limitation, for improper use of any service or if we believe that you are not eligible to avail the services. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

iii.

If you had provided any information that is untrue, inaccurate, not current or incomplete at the time of registration, or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, we have the right to indefinitely suspend or terminate your services and refuse to provide you with access to the services.

iv.

You further agree that any termination of your access to the Service under any provision of this Agreement may be executed without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and email messages and other information relating to you and/or bar any further access to any Service or all of the services, to protect our interest as an Intermediary. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.

14. Intellectual Properties

a.

Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.

b.

Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by HRM to the Customer, or by any disclosure of any Confidential Information to the Customer under this Agreement.

c.

Customer shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement.

d.

Unless you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

e.

In case of any notice received under DMCA or otherwise for Intellectual Property violation. HRM reserves the right to remove the content with or without issuing any notice to the Customer, depending upon the seriousness of the matter.

a.

Customer agrees to use the service in compliance with applicable law and this Agreement and the annexed documents, in particular Acceptable Use Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that HRM may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of HRM’s publication of the amendment on the website or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with HRM’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between HRM and Customer regarding the interpretation of the AUP, HRM’s commercially reasonable interpretation of the AUP shall govern.

b.

The Terms of Agreement and the relationship between you and us shall be governed by the laws of India. The Courts of law at Raipur, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

c.

If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.

d.

Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

e.

Customers/Visitors who choose to visit these websites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.

f.

The section titles in this Agreement and annexed documents are for convenience only and have no legal or contractual effect.

g.

This Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Agreement shall be governed by the Laws of India.

h.

Any notice or other communication required or permitted to be delivered to HRM under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our contact address specified in the Customer Control Panel or on the Parent Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.

i.

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to support@hrmtechno.com.

16. Disclaimer

a.

HRM assumes no responsibility or liability from any loss incurred by any information presented upon the website, services or advise thereof rendered through it. Customers using the services herein are solely responsible for their actions. As we do not warrant the accuracy, completeness, or usefulness of any information presented therein. User expressly agrees that use of the service is at user’s sole risk.

b.

HRM shall be not responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay in operation or transmission, communications line failure, interruption or malfunction (including but not limited to any kind of technical aspects), deletion, defect of any information, reports, service stops functioning due to technical problems, certain features not functioning at any point in the web site or any part thereof.<br>
Further, you agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at user’s own discretion and risk and that user will be solely responsible for any damage to user’s computer system or loss of data that results from the download of such material and/or data.

c.

HRM is not liable for any result that may arise from your contact, communication in any form, coordination, relation or transaction; either with advertisers, sponsors, other websites or any resources that may be hyperlinked or any third party, and you are liable for any contract/term that may or shall be established by you, with these third parties, advertisers, sponsors, other websites or resources that may be hyperlinked in the web site or any part thereof.

d.

HRM has no control over other website or resources which are provided by companies or persons and is not liable for any loss or damage which may be incurred by you or by your use of service to any third party as a result of the availability of any information contained on site or external sites or resources or any advertisement or hyperlinks, etc. in the web site or any part thereof.

e.

We cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure and transmission of information over the Internet is susceptible to possible loss, misrouting, interception and misuse.

f.

HRM is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HRM servers. HRM will take full backup of your Shared Hosting Account / Cloud Server/ Dedicated Server on a weekly basis and move it to our centralized backup storage repository on a good faith basis but cannot be held liable in case of any corruption of data during backup and transmission.

g.

HRM takes multiple precaution to prevent abuses from the weak code/scripts uploaded by the Customer but if the same is still exploited, HRM is not responsible for such abuses and we have the right to disable/terminate such accounts/websites, if the malware is not removed from the client end.

h.

The service is provided on an “as is” and “as available” basis. HRM expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Further,

i.

we make no warranty on any results obtained by the use of the service.

ii.

we make no warranty on accuracy or reliability of any information obtained by the use of service.

iii.

we make no warranty that the service will meet your requirements.

iv.

we make no warranty on any technical defects in the website will be corrected.

v.

we make no warranty that the service will be persistent, timely, secure, error free.

vi.

we are neither responsible nor liable for any result that arises due to the use of service by any user or content posted or transmitted through the site by any user.

vii.

we do not assume any responsibility or liability for any illegal communication or Content posted or transmitted on the Site by any Customer, or any third party.

17. Limitation of Liability & Indemnity

a.

All liability, whether civil or criminal arising out of any Content that is hosted or transmitted through the servers (including but not limited to messages / communication of electronic or any other means) will be of that Customer / third party who has Hosted such Content or communicated / transmitted such content or information. We reserve the right to claim damages from such Customer / Third party that it may suffer as a result of such Content Posted on the Site or transmission of information through communication of any kind.

b.

You expressly understand and agree that HRM, its subsidiaries and affiliates, shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from, arising out of or any way related to:

i.

the use or the inability to use the service;

ii.

any data, information, or services availed or messages received or transactions entered into through or from the service;

iii.

unauthorised access to or alteration of your transmissions or data.

iv.

statements or conduct of any third party on the service; or

v.

any other matter relating to the service.

vi.

the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services.

vii.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your breach of the Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

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