Balasai Net Pvt Ltd


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THIS AGREEMENT is made and entered between BALASAI NET PVT. LTD. ,hereinafter referred to as BALASAI NET PVT. LTD. and the Customer, who wishes to use the services of BNET SERVICES in accordance with BALASAI NET PVT. LTD.'s standard application. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. SERVICE DESCRIPTION: As a World Wide Web service provider, BALASAI NET PVT.LTD. provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of BALASAI NET to establish an Internet web presence on one of BALASAI NET PVT. LTD.'s server computers.

2. CONDITIONS: The application and this Agreement constitute a binding contract between BALASAI NET PVT. LTD. and the Customer and does not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations after the application is received and webspace is set-up will still hold the Customer responsible for costs incurred by BALASAI NET PVT. LTD. concerning the set-up of the web space.

3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that BALASAI NET PVT. LTD. makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that BALASAI NET PVT. LTD. shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by BALASAI NET PVT. LTD. is at the Customer's sole and absolute risk. BALASAI NET PVT. LTD. specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

DOMAIN NAME: If BALASAI NET PVT. LTD. shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against BALASAI NET PVT. LTD., for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by BALASAI NET PVT. LTD. for any reason.

5. PAYMENT: The set-up fee and first payment are due at the time the application is filled out, and returned to BALASAI NET PVT. LTD.. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. There shall be no refund once an order is placed and payment is made by the customer and subsequently order is cancelled by the customer. In the event that the Customer fails to pay for such services in advance, BALASAI NET PVT. LTD. shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.

6. UNILATERAL SERVICE REVOCATION:; In the event that BALASAI NET PVT. LTD. may at any time believe that the services can not be continued for any reason then it will give 30 days notice for discontinuation of service and refund the payments for unutilized period of the original contract to the customer or if the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith including the standard terms & conditions as per Annexure -A BALASAI NET PVT. LTD. may immediately discontinue such service to the Customer without liability.

7. INDEMNIFICATION: The Customer shall indemnify and hold harmless BALASAI NET PVT. LTD. from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against BALASAI NET PVT. LTD. on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

8. CHANGES IN TERMS OF AGREEMENT: BALASAI NET PVT. LTD. reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

9. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

10. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Maharashtra, Govt of India.. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.

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