Terms of Service

Updated on March 31st, 2016

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.haltdos.com website.

The domain name www.haltdos.com (hereinafter referred to as "Website") is owned by Halt Dos Private Limited a company incorporated under the Companies Act, 1956 with its registered office at A-126, NRI City, Greater Noida - 201308 (hereinafter referred to as "HaltDos").

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Halt Dos Private Limited and these terms and conditions including the policies constitute Your binding obligations, with HaltDos.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" or "Subscriber" shall mean any natural or legal person who has agreed to become a user on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. HaltDos allows the User to surf the Website without registering on the Website. The term "We", "Us", "Our" shall mean Halt Dos Private Limited.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Blogs, Purchasing and Monitoring Haltdos instances), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by HalDos Policies ((including but not limited to Privacy Policy) as amended from time to time.

Refunds and Disputes

All payments to The Company are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported by the Subscriber to The Company within 30 days of the time the dispute occurred. Should the Subscriber dispute any credit card charge that The Company believes is a valid charge under this Agreement, the Subscriber shall agree to pay The Company reasonable interest, bank service fees, collection fees, and/or attorneys fees.

Failure to Pay

The Company may temporarily deny Service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest, collection fees, and/or attorneys fees.

Collection Fees

In any litigation, arbitration, or other proceeding by which The Company seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable collection and/or attorney fees, and costs and expenses incurred.

Account Cancellation

Subscriber must provide The Company 30 days advance notice to cancel this Agreement or any individual Service. Where the Subscriber and The Company have executed a more restrictive agreement, that agreement shall supersede this clause. Notice of cancellation may be provided by postal mail or by e-mail to support@haltdos.com. Cancellation notices submitted by e-mail must be acknowledged by The Company with an manually/automatically assigned ticket number. If this ticket number is not received, the Subscriber should not assume that the cancellation notice has been received. Cancellation requests by postal mail should be sent by certified mail or courier with signature confirmation service to:

Halt Dos Private Limited.
E-52, Sector - 3
Noida, UP 201301
Ph: (0120) 4545-911

Invoicing and Treatment of Past Due Accounts

The Company shall send all invoices by electronic mail at least 10 days prior to the Service due date. The Company does not send invoices via postal mail. It is the responsibility of the Subscriber to review invoices as they are generated and remit payment prior to the stated due date.

In the event that the Subscriber's account becomes past due, The Company may choose to suspend the Subscriber's account and any other Services assigned to the Subscriber. Past due accounts may be subject to past due fees of $35.00 plus a 10% annual rate of interest, at the discretion of The Company. Should a Subscriber's account remain past due after any Service suspension, the entire account and all related Services may be terminated without further notice.

Service Level Agreements (SLA)

The Company may offer either a Best Effort SLA, Guaranteed SLA, or Proactive SLA with some Services. "Best Effort" shall be interpreted to mean that The Company intends to achieve a certain level of performance, except that no remedy is available to the Subscriber in the event of a failure to perform. "Guaranteed SLA" shall be interpreted to mean that The Company will issue, upon request by the Subscriber, an internal account credit equal to 1/30th of the monthly service fee of the applicable Service line item for each day in which the SLA is not met. "Proactive SLA" shall be interpreted the same as "Guaranteed SLA", with the exception that The Company shall make reasonable efforts to proactively issue SLA credits as appropriate. SLA credits are not available in the following circumstances: (1) During the first 72 hours from commencement of the applicable Service, (2) When total aggregate Service availability for the billing period is within SLA compliance, or (3) When The Company's failure to meet advertised service levels is the direct result of distributed denial of service (DDoS) or other type of attack by one or more third parties causing an interruption to the Subscriber's Service where the attacks exceed the subscribed thresholds. The total value of SLA credits shall not exceed 50% of total monthly cost of any applicable Services.

Responsibility to Maintain and Provide Backup Data

In no case shall The Company be liable to the Subscriber or any third party for any loss of data resulting from its performance under this Agreement. It is the responsibility of the Subscriber to maintain current backup data in case of a loss, system or network failure, or negligence by either party. The Company shall not be liable to the Subscriber or any third party for losses or damages resulting from attempts made in good faith to restore service to damaged or corrupted media on behalf of the Subscriber. The Company shall not be required to assist the Subscriber or any third party with data recovery or provisioning of backup data in the event that this Agreement is cancelled or terminated.

Content Liability

The Company takes no responsibility for the manner in which the Subscriber or any third party chooses to use the Service. The Company shall not advise, moderate, nor guarantee the suitability or legality of any type of content for any particular purpose. Subscriber is solely responsible for obtaining appropriate legal advice to ensure compliance with The Company AUP and any laws or regulations that may be applicable. The Company's assistance to the Subscriber with technical issues shall not be construed as an endorsement of any content or a specific activity for which the Subscriber is responsible.

Indemnification

Subscriber shall indemnify and hold harmless The Company for any losses, claims, damages, awards, penalties, or injuries arising from its performance under this Agreement.

Waiver and Assignment

A waiver by the The Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the The Company, however, The Company may assign Agreement at anytime without consent from or notice to Subscriber. The Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.