Agreement

Easystorehosting provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.

In addition, when using particular Easystorehosting services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

 

This Agreement includes the terms and conditions as detailed herein in its entirety including without limitation all schedules, appendices, Privacy Policy, and will include the references to this Agreement as amended, supplemented, varied or replaced from time to time.

Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy.

1. ELIGIBILITY CRITERIA.

The Software license and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software and Services are not available to children (persons under the age of 18). If You are registering as a business entity, You represent that You have the eligibility to enter in to an agreement and the authority to bind the entity to this Agreement. EasyStoreHosting uses many techniques to verify the accuracy of the information you provide when you register on the EasyStoreHosting Site. If for any reason, EasyStoreHosting, in its sole discretion, believes such information to be incorrect, it reserves the right, to revoke any and all licenses under this Agreement or to refuse to provide the Software license and Services under this Agreement
to You.

2. EASYSTOREHOSTING SOFTWARE AND TRADEMARK OWNERSHIP AND LICENSES.

2.1 SOFTWARE OWNERSHIP.

Software provided by EasyStoreHosting, and all worldwide intellectual property rights therein, are the exclusive property of EasyStoreHosting.
All rights in and to the Software not expressly granted to You in this Agreement are reserved by EasyStoreHosting.

2.2 SOFTWARE LICENSE.

Subject to the terms and conditions of this Agreement, EasyStoreHosting grants to You a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for EasyStoreHosting ("EasyStoreHosting Servers") through the EasyStoreHosting Site solely for the purpose of building and maintaining an interactive store hosted by the EasyStoreHosting Servers on which You offer Your or a third party’s products or services ("Your Store").

2.3 SOFTWARE LICENSE RESTRICTIONS.

You acknowledge that the Software and its structure, organization, and source code constitute valuable trade secrets of EasyStoreHosting. Accordingly, except as expressly allowed under Section 2.2, You will not, either directly or through a third party,

  • (a) modify, adapt, alter, translate, or create derivative works from the Software;
  • (b) distribute, sub license, lease, rent, loan, or otherwise transfer the Software to any third party.
2.4 ADDITIONAL FEATURES.

Certain additional features that EasyStoreHosting may make available to You may require access to and/or installation of additional software (including third party software) that is subject to supplemental or independent terms and conditions ("Additional Software"). Similarly, EasyStoreHosting may make available additional services (including third party services) that are subject to supplemental or independent terms and conditions ("Additional Services"). You agree that You will not use such Additional Software or Additional Services unless You have agreed to the applicable terms and conditions, including but not limited to Your payment of additional fees as required. Depending on the Services you elect to receive, You may be responsible for establishing and maintaining a commercial relationship with a financial institution or money transmitter such as a credit card processor, bank . The terms of any such relationship shall be between You and that entity and such terms may be more restrictive or place limits on the operation of Your Store – you should contact those entities for more information regarding such terms.

3. SERVICES.

3.1 SERVICES.

Upon activation of Your account and subject to the payment of applicable fees, EasyStoreHosting will provide certain hosting, support
and other miscellaneous Services for the Software licensed by You under this Agreement and Your Store during the term of this Agreement as published on the EasyStoreHosting Site. Your Store shall be hosted on a EasyStoreHosting Server on which several merchants may share the resources and network capacity of that EasyStoreHosting Server.

3.2 DOMAIN NAME REGISTRATION.

At Your request and subject to Your agreement to applicable terms and conditions and the payment of applicable fees, EasyStoreHosting Additional Services may include acquisition and registration of a second-level domain name ("Domain Name") for Your Store on Your behalf. You hereby appoint EasyStoreHosting and third parties who provide domain name registration services to EasyStoreHosting as Your agent in the acquisition, registration and ongoing administration of Domain Names on Your behalf and You authorize EasyStoreHosting and third parties who provide domain name registration services to EasyStoreHosting to select and issue binding instructions to domain name registrars and registries used to acquire, register and administer Domain Names on Your behalf. EasyStoreHosting provides this Service as a convenience to You only and
You hereby waive any and all claims that You may have, or which may later arise, against EasyStoreHosting for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and/or use of such Domain Name. In addition,
EasyStoreHosting reserves the right, in EasyStoreHosting’ sole discretion, to refuse, to acquire or register any domain name requested by You, and to discontinue the use of any domain name requested by you.

3.3 STORE DESIGN AND CUSTOMIZATION.

At Your request, and subject to EasyStoreHosting’s acceptance of your request and Your payment of applicable fees, EasyStoreHosting will provide design and customization Services for Your Store as provided in this Section 3.3 on current terms and conditions. You shall provide all text, music, sound, photographs, video, graphics, logo,data, information and all other content for Your Store to EasyStoreHosting within a time period designated by EasyStoreHosting. EasyStoreHosting shall transfer all Your content into electronic form and a user-accessible format.

3.4 CHANGES IN SERVICES.

EasyStoreHosting reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to You. You agree to receive administrative communications from EasyStoreHosting in regards to the Software, Services, Your account, policy changes and system updates.

4. YOUR STORE & CONTENT CONTROL

4.1 CONTROL OF YOUR STORE.

You will be solely responsible for the development, operation and maintenance of Your Store, including the operation of Your Store,
accepting, processing and filing customer orders generated through Your Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Your Store. You agree that EasyStoreHosting has no obligation to back-up any data related to Your Store’s operations and you should independently take appropriate steps to maintain such data in accordance with Your needs and requirements.

4.2 CONTROL OF YOUR STORE'S CONTENT.

You will be solely responsible for the development, operation and maintenance of Your Store, including the operation of Your Store,
accepting, processing and filing customer orders generated through Your Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Your Store. You agree that EasyStoreHosting has no obligation to back-up any data related to Your Store’s operations and you should independently take appropriate steps to maintain such data in accordance with Your needs and requirements.

4.3 PASSIVE CONDUIT.

You acknowledge that, by only providing you with the ability to publish and distribute Your own or third party products, services or content, EasyStoreHosting and its Software are acting only as passive conduits for the distribution and/ or publishing of such products, services or content on the Store. EasyStoreHosting has no obligation to you or any third party, and undertakes no responsibility, to review Your Store, the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on Your Store to determine whether any such product, service or content may
incur liability to third parties. Notwithstanding anything to the contrary herein, if EasyStoreHosting believes in its sole discretion (as
applicable) that Your Store or any products, services, content or other materials in the Store or on EasyStoreHosting Servers may create liability for EasyStoreHosting, You agree that EasyStoreHosting may take actions with respect to the content of materials of Your Store that EasyStoreHosting believes are prudent or necessary to minimize or eliminate EasyStoreHosting’s potential liability. EasyStoreHosting shall, as applicable, be the sole judge of what content or materials may create liability for EasyStoreHosting.

4.4 CONTENT LICENSE.

During the period that EasyStoreHosting provides Services to You pursuant to Section 3 of this Agreement, You hereby grant to
EasyStoreHosting and its subcontractors a non-exclusive, irrevocable, royalty-free, worldwide license to reproduce, distribute, create
derivative works of, transmit, publicly perform, publicly display and digitally perform your content solely for the purposes provided in this Agreement. You further agree that EasyStoreHosting has the exclusive right , in its sole discretion , either to allow or to disallow, any or all web crawlers to index sites or pages or e-stores hosted with EasyStoreHosting.

5. COVENANTS

5.1 COVENANTS BY YOU.

You covenant that any products, services, or content published and distributed on Your Store and Your related activities shall not violate the EasyStoreHosting Acceptable Use Policy that is incorporated herein by reference and as it may be amended from time to time, nor shall they :

  • (i)Be false, inaccurate or misleading.
  • (ii)Be fraudulent or involve the sale of counterfeit or stolen items.
  • (iii)Infringe or misappropriates any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  • (iv)Violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection,unfair competition, anti discrimination or false advertising).
  • (v)Be defamatory or libelous or unlawfully threatening or harassing, or advocating or promoting or providing assistance for acts involving violence that may cause significant risk of death or injury, or other unlawful activities.
  • (vi)Be obscene or contain pornography.
  • (vii)Contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that may damage,
    detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  • (viii)Involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and You shall not use Your account or Your Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities
  • (ix)Involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express consent of that person or entity and of which consent You shall maintain a record for a period of three (3) years after any termination
    of this Agreement.
  • (x)Be harmful or potentially harmful to the EasyStoreHosting Server structure as determined in EasyStoreHosting’s sole discretion, including without limitation overloading the EasyStoreHosting technical infrastructure.
  • (xi)Create liability for EasyStoreHosting and its subcontractors or expose them to undue risk or otherwise engage in activities that
    EasyStoreHosting, in its sole discretion, determines to be harmful to EasyStoreHosting’ affiliates, operations, reputation, or goodwill, and
  • (xii)Link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or
    regulation, or that violate EasyStoreHosting’ Prohibited and Restricted Items that is incorporated herein by reference and may be amended from time to time.
5.2 BREACH OF COVENANT.

Your failure to comply with the covenants set forth in Section 5.1 of this Agreement will amount to a breach of this Agreement and is cause for immediate suspension and/or termination under Section 12 of this Agreement.

6. FEES, TAXES & AUDIT RIGHTS

6.1 FEES.

You shall pay the fees set forth for the Software license and Services purchased by You in accordance with EasyStoreHosting’ Fees Policy that is incorporated herein by reference. EasyStoreHosting may change its Fees Policy and the fees for its Services from time to time. EasyStoreHosting’ changes to the policy are effective after EasyStoreHosting provides You with at least fourteen (14) days’ notice of the changes by posting the changes on the EasyStoreHosting Site.

6.2 PAYMENT TERMS.

EasyStoreHosting will invoice You and You agree to pay for:

  • i) non-refundable monthly subscription and other annual or one-time fees, in advance, including fees for the license of Software and
    Services to be rendered to You by or on behalf of EasyStoreHosting in the following month, and
  • (ii)Transaction fees and all other fees designated in the Fees Policy to be paid in arrears based on the value of goods and services sold through Your Store during the previous calendar month, in accordance with the invoicing and payment requirements set forth in the Fees Policy.
    EasyStoreHosting will debit all fees payable by You to EasyStoreHosting directly from the credit card account designated by You when You register for Your EasyStoreHosting account to receive a license to the Software and receipt of Services from EasyStoreHosting and thereafter in accordance with the Fees Policy. Without limiting EasyStoreHosting'
    other remedies, any amount that is not retrievable from Your designated account when due will accrue a late fee at one and one half percent (11/2%) per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.
6.3 TAXES.

All fees under this Agreement exclude all applicable sales, use, and other taxes and government charges, state or foreign, and You will be responsible for payment of all such taxes (other than taxes based on EasyStoreHosting’ income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement including the access to or license of the Software and performance of the Services hereunder.

7. DISCLAIMER OF WARRANTIES.

EasyStoreHosting, its suppliers and service providers, provide the software, additional software, and services, on an "as is" basis and
expressly disclaim any and all express, implied or statutory warranties, including the warranties of merchantability, fitness for a particular purpose, title, non-infringement; and warranties arising from a course of dealing, usage or trade practice are excluded. EasyStoreHosting, its suppliers and service providers, do not warrant that the software, additional software, or services will be error-free or uninterrupted and make no representations regarding up time, use, data security, accuracy and reliability of their services. You acknowledge and agree that this section 7 is reasonable and an essential element of this agreement and
that in its absence, the economic terms of this agreement would be substantially different.

8. LIMITATION OF LIABILITY

In unfortunate circumstances if loss occurs then EasyStoreHosting is not liable for that loss, however in critical cases we may refund you subscription amount & also provide data backup but beyond that we do not take any responsibility

EasyStoreHosting has made this software /service available to use as a matter of convenience. User agrees and acknowledges that user shall be solely responsible for users conduct and that EasyStoreHosting reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian Cyber laws or any other allied laws enacted by the Government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event EasyStoreHosting shall be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the EasyStoreHosting software/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, even if EasyStoreHosting has been advised of the possibility of damages, or inability to use the EasyStoreHosting software/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the EasyStoreHosting sites/services, or otherwise arising out of the use of the EasyStoreHosting software/services, whether based on contract, tort, negligence, strict liability or otherwise, even if EasyStoreHosting or any of its suppliers has been advised of the possibility of damages. EasyStoreHosting does not endorse in anyway any advertisers/ contents of advertisers on there web pages. The clause shall survive the termination or expiry of this agreement.

9. INDEMNITY

You agree to indemnify and hold EasyStoreHosting, its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses and harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

10. CUSTOMER DATA, YOUR DATA & PRIVACY POLICY

As between EasyStoreHosting and You, it is agreed that You shall own all data disclosed by or collected about
(a) an individual or entity that accesses Your Store to browse or shop ("Customer Data"), and
(b) You ("Your Data"). EasyStoreHosting does not sell or rent to third parties for marketing purposes without Your consent and EasyStoreHosting only uses and will disclose Your Data as described in the EasyStoreHosting Privacy Information, that is incorporated herein by reference and as it may be amended from time to time.

EasyStoreHosting shall collect, store and process Customer Data and Your Data on computers located in the any location, in any country, chosen by EasyStoreHosting at its discretion that are protected by physical as well as technological security devices. If You object to Customer Data or Your Data being collected, stored or processed in this way, please do not use the Software or Services.

You shall maintain all Customer Data that is collected by or disclosed to You in trust and confidence and use and disclose such information solely in accordance with Your privacy policy. You must post, maintain and adhere to Your privacy policy that informs Your Store customers what Customer Data is collected,how it is used, the effective date of Your privacy policy and how customers of Your Stores can learn of changes to Your privacy policy. You shall include a hyperlink to Your privacy policy on the home page of Your Store and on all pages where You collect Customer Data. In addition, You must prominently include within Your posted privacy policy a statement notifying Your customers that Your Store is hosted by EasyStoreHosting and that EasyStoreHosting has access
to aggregated information about customers of Your Store in order for EasyStoreHosting to analyze performance and make improvements to EasyStoreHosting products.

11. BREACH

Without limiting other remedies, EasyStoreHosting may limit Your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Your account or Your Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to You if:

  • (i)You fail to pay any fees in accordance with Section 6 of this Agreement and the Price Policy.
  • (ii)You breach this Agreement or the documents it incorporates by reference in any other manner.
  • (iii)EasyStoreHosting is unable to verify or authenticate any information You provide to EasyStoreHosting, or EasyStoreHosting
    believes that Your actions may cause financial loss or legal liability for You, Your Store customers, or EasyStoreHosting.

12. SUSPENSION AND TERMINATION

12.1 SUSPENSION.

At the discretion of EasyStoreHosting and for any reason set forth in Section 12 of this Agreement, EasyStoreHosting may suspend Your account by deactivating any access by You or by Your customers to any information contained on the EasyStoreHosting Servers related to Your account while maintaining the information and data related to Your account upon the EasyStoreHosting Servers. Suspension shall specifically include the disabling of Your Store and/or any access to information or data related to Your account. In the event of any such suspension You will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated under Section 12.2 of this Agreement. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such fees during any such period of suspension.

12.2 TERMINATION.

This Agreement and all of its terms shall remain in full force and effect until it is terminated in accordance with the terms of this
Agreement. This Agreement may be terminated either by EasyStoreHosting

  • (a) immediately as provided in this Agreement,
  • (b) after a period of suspension as set forth in Section 12.1 of this Agreement, or
  • (c) upon thirty (30) days written notice for any reason.

YOU may terminate this Agreement upon twenty-four hours notice by telephoning EasyStoreHosting’ designated customer support center. Your termination request may be recorded by EasyStoreHosting and will require your user name and password and verification code.

12.3 RIGHTS UPON TERMINATION.

In the event of expiration or termination for any reason, the licenses granted under Section 2 of this Agreement shall automatically and immediately cease and You shall destroy all copies of the Software in Your possession, if any. Upon termination, there will be no refund provided to You except as set forth in the Price Policy and all outstanding fees owed by You shall become immediately due and payable. Termination shall not affect the rights of EasyStoreHosting to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or expert witnesses cost or other costs of any kind under this Agreement.

13. GENERAL

13.1 Governing Law and Jurisdiction:

This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of the EasyStoreHosting sites/services. Use of the EasyStoreHosting software services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold EasyStoreHosting, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the EasyStoreHosting sites/services.

EasyStoreHosting’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EasyStoreHosting’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EasyStoreHosting software /services or information provided to or gathered by EasyStoreHosting with respect to such use.

13.2 LEGAL COMPLIANCE

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Software, the Services, and Your listing and sale of products and services on Your Store.

13.3 NO AGENCY

You and EasyStoreHosting are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

13.4 FORCE MAJEURE

Except for the payment of any fees due and payable under this Agreement, neither party’s delay in the performance of any duties or
obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond the control of the party in the breach.

13.5 Relationship and Notice

Except as explicitly stated otherwise, any notices shall be given by postal mail to EasyStoreHosting , A-8, Mandakini Enclave, Alaknanda, New Delhi – 110 019, India or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

13.6 Arbitration

If any dispute arises between you and EasyStoreHosting during your use of the software/services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by EasyStoreHosting. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

13.7 NO THIRD PARTY BENEFICIARY.

You acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

13.8 SEVERABILITY WAIVER.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. EasyStoreHosting’ failure to act with respect to a breach by You or others does not waive EasyStoreHosting’ right to act with respect to subsequent or similar breaches.

13.9 CONSTRUCTION.

Headings are for reference purposes only and in no way define or describe the scope or extent of such section. When used in this
Agreement, the term "including" means "including without limitation," unless expressly stated to the contrary.

13.10 DISCLOSURES.

The services herein are offered by EasyStoreHosting,A-8, Mandakini Enclave, Alaknanda, New Delhi – 110 019, India

13.11 ENTIRE AGREEMENT.

This Agreement sets forth the entire understanding and agreement between You and EasyStoreHosting with respect to the subject matter hereof.