This Domain & Website Hosting Agreement (“Agreement”) is entered between TECH HUNDRED ONE PVT. LTD. here after known as “Provider” with its place of business for the purpose of this agreement at 91 Binayak Marg, Kamaladi, Kathmandu, Nepal and the company or individual who have taken this service (12 months free Hosting & domain registration), hereafter known as “Client”.
The Provider and the Client agree to the following:
Effective use of services provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for their inability to use our services due to their lack of the requisite knowledge and skills.
Any attempt to undermine or cause harm to a server, or Client, of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than Client’s own, attempting to gain unauthorized access to other accounts on Client’s server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund (if applicable).
The Client will use the web hosting services in a manner consistent with all local, and federal regulations and laws. We reserves the right to suspend or cancel the Client’s access to any or all services provided by us when we decide that their account has been inappropriately used. The free setting up of the .np domain name and free web hosting offer is available only to new customers.
The following content and activities may not be displayed or promoted by the Client nor associated in any way with the Client’s account of the Provider’s services. The Provider shall be the sole arbiter as to what constitutes violation of this provision.
We will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Client, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
To maintain the integrity of our services, the following limitations apply to all sites owned by the Client and without an imposed limit on monthly traffic volume and/or storage space:
Websites that are found to violate the above limitations are subject to warning, suspension or cancellation at the discretion of our management. We will be the sole arbiter as to what constitutes a violation of this provision.
All contents stored by the Client shall at all times remain the property of the client. The Client grants to the Provider non-exclusive, worldwide licence to the content only to the extent necessary for the Provider to host the website.
All accounts for the first year are set up for free. The year of free webhosting begins from the date of the domain registration or hosting account creation. If a client wishes to continue after the first year then the Client will have to pay the renewal fees.
9.1 AVAILABLE PACKAGES (Hosting)
Package 1(a) : Basic Package NRs 2800 (Includes VAT 13%),
Disk Quota – 500MB, Monthly Bandwidth – Unlimited, FTP Accounts – 1, Email Accounts – 1
Databases – 1
Package 1: Starter Package NRs 5200 (Includes VAT 13%),
Disk Quota – 1GB, Monthly Bandwidth – Unlimited, FTP Accounts – 1, Email Accounts – 1
Databases – 1, Sub Domain - 1, Addon Domains - 1
Package 2 : Business Package NRs 8800 (Includes 13% VAT)
Disk Quota - 10GB, Monthly Bandwidth – Unlimited, FTP Accounts – 1, Email Accounts -5
Databases – 5, Sub Domain - 5, Addon Domains - 5
Package 3 : Enterprise Package NRs 13900 (Includes 13% VAT)
Disk Quota - 100 GB, Monthly Bandwidth – Unlimited, FTP Accounts – 10, Email Accounts – 100
Database – 100, Sub Domain - Unlimited, Addon Domains - 10
9.2 AVAILABLE PACKAGES (Emails)
Up to 100 email addresses with 100GB: 13900 inc VAT
Up to 200 email addresses with 200GB: 18900 inc VAT
The Provider will immediately terminate the contract if the client is found carrying any of the activities mentioned on Points 3, 4, 5, 6 and 7. All costs resulting from the outcome will be billed to the Client. The Provider will also not be responsible for any data loss due to this. Furthermore, no refund will be issued.
The Client agrees that neither the primary service Provider nor backend service Provider will be liable for any;
The Client further agrees that neither the primary service Provider nor backend service Provider will be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, regardless of whether or not either the primary service Provider or backend service Provider have been advised of the possibility of such damages.
The Client agrees to release, indemnify, and hold the primary service Provider and backend service Provider, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to their use of the services or arising under this agreement, including without limitation, infringement by the Client or someone else using their computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any term or condition of this agreement. When either the primary service Provider and/or backend service Provider may be involved in a suit involving a third party and which is related to the services under this agreement, either the primary service Provider and/or backend service Provider may seek written assurances from the Client in which they promise to indemnify and hold such parties harmless from the costs and liabilities described in this paragraph. Such written assurances may include the posting of performance bonds or other guarantees. Their failure to provide such assurances may be considered a breach of this agreement by the Client.
The Client agrees that the backend service Provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of the primary service Provider. The Client acknowledges and agrees that neither the primary service Provider nor the backend service Provider is agents for one another. The Client agrees that they shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our Clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, their agents, employees or assigns. The Client agrees to defend, indemnify and hold us harmless against liabilities arising out of:
Neither the primary service Provider nor backend service Provider make neither any representation nor warranties of any kind whatsoever, express or implied, in connection with this agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties are not legally excludable.
Client understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at their own discretion and risk and that they will be solely responsible for any damage to the Client’s computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by the Client from either the primary service Provider or backend service Provider shall create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to the Client.
This Agreement will be governed by and construed in accordance with the laws of Nepal. The undersigned have executed this Agreement as of the day and year written below. The parties hereto agree that facsimile signatures shall be as effective as if originals.