These Terms of Service (the “Agreement”) are an agreement between eSolPro.com, a key supplier of worldwide web page, hosting and other services, or “we”, “us” and “ours”, “its” and the Users, “you” or “your” and “yours”. The agreement intends to set forth the general terms and conditions for the use of eSolPro.com products and services (Collectively Services). Your use of these services warrants that you agree to be bound by this Agreement. If you do not agree to abide by this agreement, you are not authorized to use the services made available by eSolPro.com. All customers of the services provided by eSolPro.com are subject to the terms of service contained in the agreement. The agreement stipulates the rights, duties and obligations of eSolPro.com and the User.
All our services are excluding any local taxes, duties or GST and may be charged additionally if applicable
- By registering with us or by using our services, you warrant that:
- You have attained the age of eighteen years (18) or you are older than 18 years. The services provided by eSolPro.com are intended solely for people who are eighteen years (18) or older. If any user under the age of eighteen (18) years access to the services violates this Agreement.
- If you are using these services on behalf of any third party, you agree that you are authorized to act on the behalf of the other party binding it to this agreement and that you are authorized by other party for the actions you take in connection with the services.
- You are responsible to provide us your accurate, current and complete information as desired on the registration form. The information includes you valid email ID, different from the domain you sign up under. We require this email ID to contact you in case of an abuse issue or in time of need to contact you. You are responsible to ensure the accuracy, completeness and updating of the information of your account including domain accounts at all times. eSolPro.com does not take any responsibility for any lapse in the services or domain registration due to obsolete information associated with any domain. If you desire to change your contact information or verify it for accuracy, please contact our support staff via email. Any false contact information may result in termination of your account. We may ask but not limit ourselves to government issued identification and scan copy of credit card or CNIC or other identification document used for purchase of dedicated servers or any other such services. Complete or part failure in providing the required information may result in denying your order.
- You agree to be fully responsible for the use of your account and any other actions that may take place via your account. You are responsible to maintain the security and confidentiality of your password for your account and any other such information related to the security of your account with us.
- You agree that any dedicated IP order other than provided with a hosting package is subject to IP justification. As IP justification practices change consistently to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We have the right to deny any dedicated IP request on the basis of insufficient justification and utilization of current IP.
Reseller Terms and Client Responsibility
- Compliance of the terms and conditions outlined in this agreement by the client who purchases from resellers is the sole responsibility of the resellers.
- Resellers are responsible to provide support to their clients; we do not provide support to clients of eSolPro.com resellers. Resellers are responsible for supporting their clients. If any of reseller’s client requests for support to us, we reserve the right place that account on hold to the time that reseller takes over the responsibility for its client. We require that resellers made support requests on behalf of their clients for security purposes.
- We hold resellers responsible for the content stored or transmitted by their clients. Resellers are also responsible for all actions carried out by their clients. If any of the client’s actions violates this agreement, reseller will be held responsible for that.
- com takes no responsibility of the acts and omissions made by our resellers. Resellers hereby agree to indemnify eSolPro.com from and against any such claims from any users resulting from resellers’ acts and omissions.
- We reserve the right to make changes in our reseller programs and promotions at any time without prior notice to the resellers. Such changes will take effect as these are posted online or any subsequent date or day as set forth by eSolPro.com.
- Resellers hereby agree to assume all responsibility for billing and technical support for their clients.
Your account will be setup after receiving payment and we or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address that is not @ the domain(s) you are signing up under.
- COM UNDER THIS AGREEMENET PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ESOLPRO.COM AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. ESOLPRO.COM AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES
- THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE;
- AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR
- AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. eSolPro.com AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Free Domain Offer
Only .com is free where ever free domain is mentioned. Personal packages below the price of Rs.2000 or 20$ will always be charged for domain renewals.
Termination of Sub Account
eSolPro.com reserves the right to terminate a sub account of your Multiple Domain Hosting Plan or Reseller Plan at anytime and without notice if found violating the acceptable use policy. All rights reserved.
You agree to supply appropriate payment for the services received from eSolPro.com, in advance of the time period during which such services are provided. You agree that until and unless you notify eSolPro.com of your desire to cancel any or all services received, those services will be billed on a chronic basis. eSolPro.com reserve the right to change the charges/rates of any or all the services at any time.
Backups & Data Loss
- Your use of the service is at your own risk. We are not responsible for files and data residing on your account. You are responsible for files and data transferred and to maintain all appropriate backups of files and data stored on our servers. The backups that we take are meant to restore the servers as a whole. If you need backups of your old data that has been deleted due to non payment, or by your own mistake charges will apply.
- For active accounts we may do 1 courtesy restore free of charge. Restores will be charged at the rate of Rs. 2000 or 20$ per domain for budget, business or reseller packages and Rs. 4000 or 40$ for portal packages. We do not backup any accounts exceeding 5GB of disk space and exceeding 50,000 inodes.
Cancellations and Refunds
eSolPro.com reserves the right to cancel any account any time. Customers may cancel their account any time.
- com offers you an unconditional fifteen (15) days money back guarantee. You can avail money back guarantee within 15 days. Any refund request made after 15 days will not be entertained.
- The money back guarantee refund will be due to you only if you comply the terms and conditions of this agreement. You need to make written request to eSolPro.com Support Team.
- The refund will be available only for shared hosting services. However refund will not include any administrative, installation for custom software, other setup fees.
- No refund will accrue and will not be paid under any circumstances, if you fail to make refund request within the given notice period.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services
We do not offer any refund on Domains names, VPS, dedicated servers, administrative fees, SSL services and installation fee for custom software. If you have availed a free domain and you opted for a refund domain charges will be detected.
The users are required to pay the invoices within ten (10) days of the invoice due date. Any invoice that will remain outstanding for more than ten (10) days may result in the suspension or termination of services. The access to unpaid accounts will not be restored until payment is made into eSolPro.com accounts with additional re-activation charges (upto 1 additional service fee). We may suspend or terminate your account along with all related services/ data if payments are delayed more than 25 days and pursue the collection pending costs along with additional charges if any. The users with outstanding balance on their account will not entertained with new orders and activation of new packages.
Dedicated/VPS 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 servers. Contact eSolPro.com directly after you make a late payment to reactivate the server.
Permitted CPU and Disk Usage
- com provides hosting services according to the terms of this Agreement and the Acceptable Use Policy (AUP).
- com may provide Shared hosting space that may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. We expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. We may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of eSolPro.com’s terms and conditions.
Shared services are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
You agree to indemnify, defend and hold harmless eSolPro.com, its affiliates, and its respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to;
- Your use of the Services,
- Any breach or violation by you of this Agreement; or
- Any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
eSolPro.com will not be responsible for any damages your business may suffer due to mistakes made by eSolPro.com employes. We make no warranties of any kind, expressed or implied for services we provide and we disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by eSolPro.com and its employees.
Changes to the Terms & AUP
- com may add, delete or modify portions of this Agreement at any time without prior notice to the users. You agree to any modification to this Agreement by continuing to use the eSolPro.com website. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
- com reserves the right to discontinue, change or modify any aspect of the services at any time.
Refusal of Services
eSolPro.com reserves the right to refuse service to anyone. eSolPro.com also reserves the right to suspend a customer’s access to any or all services provided by eSolPro.com at any time without notice or reason. eSolPro.com also have the right to cancel or suspend a customer’s account if they violate this Acceptable Use Policy (AUP). We reserve the right to refuse, cancel, or suspend service at our sole discretion.
If a court of competent jurisdiction finds any provision or portion of any provision of this Agreement illegal, invalid or unenforceable, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
Any failure or delay by Users or ESolPro.com to exercise any right or remedy hereunder shall not operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
The Users may not assign or transfer this Agreement or any of their rights or obligations hereunder, without the prior written consent of eSolPro.com. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. eSolPro.com reserve the right to assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Nothing in this Agreement be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
Disclosure to Law Enforcement
eSolPro.com believes in upholding of law. In this context we may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from law enforcement agencies.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
§ 1 Services of the provider, payment, contract period/termination
(1) The scope of the individual services is based on the current service description in force at the time of placing the order.
(2) If no other agreement has been expressly reached, the provider shall also be entitled to instruct expert staff or third parties to provide the services incumbent upon him. If active co-operation is required on the customer’s part on another server, e.g. during the transfer of a web space package or other data stored on the provider’s servers, the customer shall provide such co-operation in accordance with the provider’s instructions and within the stipulated time.
(3) If no other agreement has been reached the provider shall be entitled to demand payment in advance for all services ordered by the customer for the respective period.
All webhosting packages (“webspace”) and colocation services and domains offered by the provider (eSolPro / DataCenter Provider) assume a minimum service period of twelve months with an automatic extension of the agreement for twelve months.
All dedicated server packages and VPS packages offered by the provider (eSolPro / DataCenter Provider) assume a minimum service period selected by the customer when placing the order with an automatic extension of the contract and the corresponding services for the minimum service period chosen by the customer.
(4) Once the payment which had been made by the customer in advance for the agreed term has expired the contract is automatically terminated.
(5) Given that the customer is placing the order as a private customer (as defined by § 13 BGB), the following applies: The customer has to pay the provider an appropriate fee which equals the ratio of the services already rendered in relation to the total services intially intended for the contract, up to the point when the customer informed the provider about the enactment of his right of revocation regarding the contract. This is true in particular for yearly costs of ordering Internet domains. The reason for this is that these Internet domains are ordered individually according to the customer’s wish from the responsible registry and such orders have to be paid by the provider for one year in advance. This is why advances rendered by the customer will be withheld, in general. Due to the installation and start of operation of the hosting services ordered by the customer (setup and configuration of the web space or server, the domain or the colocation space as well as the Internet uplink required, setup of upgrades, etc.), which the provider is contractually obligated to perform, the provider explicitly reserves the right to demand appropriate compensation for lost value if the costs for the services rendered by the provider in relation to the total services intended for the contract are not covered by advances made by the customer.
(6) Should the provider be commissioned by the customer to provide services that are over and above the duties and responsibilities detailed in these General Terms and Conditions and in the service description (e.g. software-configuration, correction of errors or problems etc., that were not caused by the provider) the provider shall be entitled to demand adequate remuneration. In this case, a standard payment of € 25.00 per 15 minute unit of work shall be agreed. The provider may vary from this payment for the benefit of the customer as he sees fit.
(7) The responsibility for backups of his data lies with the customer, not the provider.
(8) The provider shall be entitled to increase fees up to once per quarter. Such an increase requires the agreement of the customer. The agreement of the customer shall be given if he does not dissent within 4 weeks after receipt of the message informing him about the change. The provider is obliged to inform the customer about the repercussions of not dissenting within 4 weeks. As long as the main obligation, i.e. the obligation of payment of the basic usage-independent monthly remuneration, is not concerned, the provider determins the remuneration according to equitable discretion.
(9) In case the value-added tax is increased, the provider shall be entitled to adjust the remuneration for goods and services, which are adduced or delivered within a continuing obligation, accordingly, starting at the point of time the value-added tax-change comes into effect.
(10) It is agreed that payments made by the customer will not be refunded regardless of their original purpose – except in the case of an effective revocation, but then by inclusion of § 1(5). In case the customer made a payment higher than the amount of fees being required until the end of the contract and the fees for ordered services until then, it is agreed that the balance will not forfeit. Instead of a refund, the balance will be used for the provision of other / new services which the customer can order from the provider at any time.
§ 2 Third party rights
(1) The customer expressly assures that the provision and publication of web page content created either by himself and/or web pages created for him by the provider based on information provided by the customer neither infringes German law nor any other law applicable in the customer’s country of residence, in particular copyright, data protection and competition law. The provider reserves the right to remove any pages from storage on his server that appear to be of dubious content. The provider shall immediately inform the supplier about any intended deletion of pages. The same shall apply if the provider is requested by third parties to change or delete contents of web pages because they allegedly violate third party rights.
(2) The provider shall be entitled to delete any such web pages from hard disk storage on his web server if such pages are likely to infringe third party rights. He shall also be entitled to prevent access by third parties by taking any appropriate action. The provider undertakes to notify the customer immediately about any such measure. Should the customer be able to provide proof that there are no concerns regarding infringement of third party rights the provider shall make the web pages concerned available again to third parties. The customer hereby agrees to hold the provider harmless from any claims by third parties resulting from the content of materials on the customer’s website(s).
(3) The clauses 1 and 2 are also applicable for all other products offered by the provider which are suitable for publishing data, such as VPS or colocated servers.
§ 3 Internet domains
(1) Should domain registration or domain hosting form part of the services offered to the customer, the provider shall act only in the capacity of mediator between the customer, DENIC,PKNIC, InterNIC or other domain registration authority. Agreements with such organisations have the sole purpose of governing the customer’s rights and obligations.
(2) The provider has no influence on the delegation of domain names. He therefore cannot warrant that the registered domain names are not subject to claims by third parties or that they are unique or permanent. This also applies to sub-domains allocated within the provider’s domain.
(3) If the customer should be requested by a third party to surrender a domain because it may infringe third party rights, he shall inform the provider immediately. In such cases the provider shall be entitled to surrender the Internet domain on behalf of the customer. The customer hereby agrees to hold the provider harmless from any claims by third parties resulting from disputes regarding inadmissible use of domain names.
(4) The customer hereby warrants to the provider that the address information (consisting of at least his name, address, telephone number and e-mail address) provided during registration or setting up a new account is correct and complete. Should this information change then the provider must be notified immediately in writing (letter, e-mail, fax). This and under certain conditions further information, will also be used for domains ordered by the customer from the provider.
§ 4 E-mail and newsgroups
(1) If the provision of e-mail addresses or e-mail services forms part of the services offered by the provider, the limitations set out in § 3 shall apply analogously to e-mail addresses provided for the customer. The provider reserves the right to delete the customers e-mail messages if they are not retrieved from the mail server within 4 weeks of receipt.
(2) If provision of access to public discussion forums (newsgroups) forms part of the services offered by the provider the time period over which public news is stored shall depend upon operational considerations of the provider.
(3) The provider shall not be responsible for the e-mail addresses he provides; their use and management is outside the control of the provider. In the case of misuse, the provider shall be entitled to suspend all or individual e-mail addresses. The customer shall be informed immediately about such measures.
§ 5 Limitation regarding content
(1) For webspace-packages, the following applies: The customer must ensure that his web site is designed such that the server is not excessively loaded, e.g. caused by CGI/PHP scripts requiring considerable computing power or above average memory usage. Excessive loading shall be defined as such usage of the aforementioned resources such that the operation of a eSolPro / DataCenter Provider server is noticeably impaired or even crashes. eSolPro / DataCenter Provider reserves the right to prohibit customers or third parties from accessing pages that do not comply with the aforementioned requirements.
If no other agreement has been reached, the following content is forbidden:
– Unsolicited bulk messages (spam e-mails) or web pages that are connected in some way with spamming
– All other scripts that may impair and/or disrupt the function of the server
(2) For dedicated, colocated and virtual servers, the following applies: If no other agreement has been reached, the following content is forbidden:
– Unsolicited bulk messages (spam e-mails) or web pages that are connected in some way with spamming
– IRCd, the service for Internet Relay Chat
– All other scripts and applications that may impair and/or disrupt the function of the server or other servers
(3) Should clause 1 or 2 be applicable, the provider reserves the right to immediately suspend the webspace package or server. This course of action will also be implemented should other sites stored on the server or other servers within the network of the provider be affected by the customer’s site or server. The customer shall be informed about any such suspension.
(4) Moreover, the provider can proceed with the immediate suspension of any server or webspace package on which would be operated any kind of proxy service, such as VPN or TOR, for which the provider has knowledge of abuse, fraudulent or unlawful use.
(5) In case of such a suspension, solely the customer, not the provider shall be accountable for infringements of contracts. In any case the provider’s claim of payment of remuneration remains, for the entire contract period.
§ 6 Server-administration
The following is only applicable for server offers (like dedicated, colocated and virtual servers):
(1) The provider concedes complete and sole administration-rights on rented/colocated servers to the customer. Only the customer knows the individual administration-password of the server, not the provider. The provider is therefore unable to administrate the rented/colocated server. Hence the customer is solely and entirely responsible for administration and security of his servers, at his own expenses and risks. It is his duty to install necessary security-software and to inform himself constantly regarding security issues as well as to fix such by himself. Installation of maintenance software or other software does not absolve the customer from this duty.
(2) Should customers receive fixed IP-addresses, the provider reserves the right to change these when technical needs arise and to inform the customer about his new IP-address.
(3) If necessary and reasonable, the customer will assist at simple configuration changes, such as entering the login-data anew, or simple changes of his systems.
(4) It is the customer’s duty to configure his programs in such a way that they are restarted automatically when the hardware or the operating system is restarted.
§ 7 Guarantees of performance
(1) The provider guarantees an annual mean 95%-availability of the physical connection of his webspace packages, dedicated, colocated and virtual servers. Exempted hereof are periods of time in which the servers are not reachable over the internet due to technical or other problems which do not lie within the provider’s sphere of influence (force majeure, faults of third parties or of the customer).
(2) The servers located in the datacenters of the provider are connected to the internet over a complex network infrastructure. Data traffic is routed over different active and passive network components (routers, switches, and other devices), which have a certain maximum data throughput. Therefore data throughput capacities can be limited for particular servers at particular points and not be equal to the maximum allowed data throughput of the respective switch-port. Unless otherwise agreed, the provider cannot give a guarantee for the amount of actually available bandwidth for individual servers, but makes available bandwidth depending on the technical capability of the datacenter, taking into account obligations towards other customers.
(3) Customers can use the servers of the provider or own colocated servers for an manageable amount of different applications and use various software programms to this purpose, at their own discretion. Because of this, millions of different configurations are possible. The sheer diversity of these option does not permit the provider to give guarantees for the utilizability and compatibility of servers for a certain purpose.
Except for the specifications made in the description of the offer, the provider cannot give guarantees for the actual resources available for individual webspace packages and VPS. Rather, the provider makes available resouces depending on technical possibilities, taking into account obligations towards other customers.
§ 8 Data protection
(1) The customer agrees that his personal data (basic data) and other information concerning use of the service (e.g. time, number and duration of connections, access passwords, uploads and downloads) may be stored by the provider during the period of the agreement should this be necessary for fulfilling the purpose of the contract, particularly for invoicing. The customer agrees to the storage of data. The provider may also processes and utilise such personal data that has been collected for the purpose of advising his customers, for advertising and market research for his own purposes and for structuring his telecommunication services in accordance with requirements. The customer shall be entitled to object to such use of his personal data.
(2) Upon request by the customer the provider undertakes at any time and at no charge to provide full access to stored personal data pertaining to the customer. The provider shall not disclose this data or any of the customer’s personal messages to third parties unless he is legally required to do so, in particular to government bodies or should this be required by internationally recognised technical standards.
(3) The provider expressly points out that the protection of data privacy for data transmission across open networks such as the Internet cannot be fully guaranteed with current technology. The customer acknowledges and accepts that the provider is entitled at any time to view the websites stored on his server and, under certain conditions, any of the customer’s data stored there if technical requirements so dictate. Other unauthorised Internet users may also be technically able to interfere with network security and control the flow of messages.
The customer warrants that all information he has given to eSolPro / DataCenter Provider is correct and complete. Upon request the customer agrees to immediately inform eSolPro / DataCenter Provider of any changes and to reconfirm that the data is currently correct within 7 days of receiving any such request.
This applies in particular to:
– Name and postal address of the customer,
– Name, postal address, e-mail address as well as the telephone and fax number of the technician responsible for the domain,
– Name, postal address, e-mail address as well as the telephone and fax number of the administrator of the domain
– and if the customer provides his own name server, the IP addresses of the primary and secondary name servers including the names of these servers.
(4) The clauses in § 8 do not affect § 16(4).
§ 9 Limitation of liability
The provider shall be liable for any damages caused by him or factors, servants and assignees through gross negligence or intent. In cases of violation of essential contractual obligations and slight negligence which lead to financial losses liability shall be limited to a liability insurance procured by the provider (with regard to the amount of liability) and to predictable, imminent losses (with regard to the type of liability).The limitations of liability stated above do not concern claims of the customer regarding product liability and especially do not apply for damage caused to the customer’s health (or loss of life) attributable to the provider. Otherwise, liability is excluded.
§ 10 Indemnity
The customer indemnifies the provider against all possible third party claims arising from any illegal action by the customer or from errors in the information provided by the latter. This applies in particular to copyright, data protection and competition law violations. eSolPro / DataCenter Provider shall not be obliged to check the customer’s websites for possible legal violations.
§ 11 Applicable law, place of jurisdiction
(1) Applicable law is that of the actual Data center origin and place of business of the core service provider
§ 12 Payment
(1) Provided that, in the following or preceding section(s), the customer has selected the payment option, “direct debit” or “credit card”, he herewith agrees that payments for the services of the provider shall be debited from his bank account or credit card. Such payments may include:
a) Setup charge
b) Monthly package/server/housing/bandwidth charge
c) Domain costs
d) Costs for additional traffic
e) Other costs that may arise for using the provider’s services
(2) In the case of incorrect direct debits/credit card debits (possibly caused by an overdrawn account, incorrect account data etc.) additional bank charges and increased administrative costs will arise for the provider. The provider will therefore charge a flat fee of € 15.00 for an incorrect direct debit and a flat fee of € 30.00 for an incorrect credit card debit.
(3) In the case of a failed debit collection, the provider may immediately claim default interest fixed by law. Additionally, the provider shall be entitled to discontinue the service contract until payment is made. The provider shall be entitled to suspend the contract and reallocate the rented capacities. Data loss cannot be ruled out in this case. A one-time-fee of € 30.00 is computed by the provider when re-activating the service for the customer.
In the case of a non-payment until the second date mentioned in the demand note an additional fee of € 58.00 is computed for mandating a lawyer.
(4) The provisions set out in paragraph 3 shall also apply in the case of non-payment if the customer has selected the payment option “bank transfer”, “PayPal”, “Skrill”, “Western Union” or a similar, comparable payment option. Delay of payment is the case when, at the first of a given month, the services of the provider have not been prepaid for the entire month.
§ 13 Licensing terms for Microsoft products
Provided that in the following or preceding section the customer has selected a Microsoft software product (e.g. Windows Server, SQL Server etc.) for installation on his server, he must comply with the current provisions of the “Microsoft Service Provider Use Rights” (SPUR) and the “End User License Terms” (EULT) which apply within the context of the Microsoft “Service Provider License Agreement” to eSolPro / DataCenter Provider (hereinafter referred to as provider) if the customer is able to influence the use of the software or could infringe the provisions through use of the software. These provisions may be viewed at the following addresses at any time:
The customer thus agrees to comply with the corresponding provisions and is responsible for observing them correctly.
These provisions may result in only having restricted or even not having the possibility to use otherwise purchased licenses of the customer with the servers of the provider. The provider will supply a license for all customer orders of Microsoft software products considering the Microsoft Service Provider License Agreement. This license allows the monthly use of the Microsoft software product on the server and limits its utilization permission with regard to some aspects. The customer particularly must not use Microsoft products which require additional or other licenses according to SPUR or EULT. The customer is obligated to comply with all these provisions on his own and is liable for violations against this usage policy to the provider and Microsoft.
§ 14 Special terms for colocation-/housing-/bandwidth-offers
The following applies for colocation-/housing-/bandwidth-offers:
(1) The provider is obliged to enable a connection to the internet and a storing position for the server according to the respective product description.
(2) The provider does not provide any guarantee for hardware damage which can result, for example, from transport to the datacenter, back to the customer or during going concern.
(3) The provider grants the customer access to his server-system during the office-times published on the homepage of the provider in order to allow the customer to work on the server-system. This requires, however, a written request which has to be addressed to the support-department of the provider, at least 48 hours in advance. To access the server-system, the ID Card of the customer or a statement of authority signed by the customer is necessary. During the customer’s presence in the datacenter, the provider has to fulfill various duties of supervision and control. Since this requires the attendance of the provider’s personnel, costs of € 50.00 per started hour incur. With prior agreement, the provider can abstain from this at his sole discretion. If the appointment is not kept, the customer has to cancel it at least 2 hours in advance (if during office hours) or at least 12 hours in advance (if outside of office hours). If there is no cancellation within the stated time periods and the appointment is not kept, the customer will be billed for € 30.00.
(4) Reboots are provided for free by the provider at the customer’s request unless stated otherwise in the product description and unless the amount of reboots per month does not create disproportional effort.
(5) Other technical support services are not included with the offer. If the help of a technician is required, costs of € 25.00 per started 15 minutes incur.
(6) The provider guarantees the following specifications regarding the availability of peripherals (air conditioning, electricity):
– The data floor, on which the servers are located, is equipped with sufficient air conditioning and electricity
– The provider is responsible for correct and adequate maintenance of technical devices of the datafloor in order to guarantee going concern
– In case of an outage / non-availability of electricity, UPS or air conditioning, the provider will immediately, at the latest during the next working day, undertake all measures necessary to restore going concern.
(7) Claims resulting from operational outage of peripherals (air conditioning, electricity) can only be asserted in case of violation of the guarantees mentioned in clause 6 up to the monthly amount for the colocated server and only if the outage has been lasting for over 72 hours (continuously, without breaks). If financial losses are claimed, these have to be substantiated and will be redeemed after verification up to an amout of € 500.00.
In case of an bandwidth-outage such claims are only valid if the guarantees regarding bandwidth made in § 7 clause 1 are undercut.
(8) The provider does not assume liability for damage or loss of data.
(9) The customer is responsible that the colocated equipment is flawless so that no negative impact for other devices can emanate from it.
(10) The customer is liable for possible damages emanating from the server and is responsible for an adequate insurance.
(11) If the provider informs the customer immediately, at least one month in advance, that he has decided to move to a different location, each party has a special cancellation right and can cancel the performances specified in this contract that are provided in the location which will change using written form. The cancellation will come into effect on the day the location is about to change. Given that the provider has informed the customer accordingly and neither party has made use of their special cancellation right, the contract continues unchanged at the new location. This clause does not come into effect if the reason for the change of the location is an instant dismissal of the rental agreement between the provider and his lessor. In this case, only clause 12 applies.
(12) The customer is aware of the fact that the provider himself has to rent the datafloor. If this contract concerns the housing and bandwidth provided in the datacenter, the contract concerning this performance ends automatically at the point of time when the rental agreement between the provider and his lessor ends by means of an instant dismissal and the provider has been unable to find a suitable new location. The provider will inform the customer immediately. Other agreements remain untouched.
(13) If the server of the customer needs more electricity or space than specified in the rented offer, additional housing-modules need to be rented – when only noticed later, this change will be retroactive. The number and price of the required additional modules is specified on the homepage of the provider.
(14) The provider reserves the right to adjust the price for housing accordingly to an increase of rental- additional and electricity-expenses, under the following conditions:
– The customer is informed immediately about such a change.
– The increase takes place solely in order to pass the costs mentioned above and without any intention of enrichment
– The change takes place at the same point of time the increase takes place
– The customer has a special cancellation right for bandwidth and housing in the affected datacenter: He can cancel affected subscriptions within three months upon receipt of the message informing him about the change. This special cancellation right is valid during the mentioned three months-period. If it is not used, the contract continues under the adjusted conditions.
(15) The customer agrees to the fact that the provider opens the case of the colocated server and adds a ‘Web Resetter’ to the reset-pin of the mainboard. Using this device, the provider is able to restart the server of the customer at any time if the customer requests it. Furthermore, the customer is able to reboot the server himself using the aforementioned device if he orders the necessary upgrade. In case the server is returned to the customer, the provider will remove the ‘Web Resetter’ again.
(16) The customer is aware of and agrees to the fact that the provider publishes (Live-)video material and static pictures of his datacenter and that these videos/images might picture equipment or servers of the customer.
(17) If the customer is in delay of payment for any performance between him and the provider, the provider has the right to keep the server and/or equipment of the customer in his posession until payment is made in full.
(18) The customer grants the provider a lien on colocated servers and other equipment to back claims resulting from the contract between the provider and the customer. The lien only expires once all debt resulting from the contract between the provider and the customer has been paid and the contract has ended. Starting with the inception of treaty, the customer has to inform the provider immediately should the server not be or cease to be his property, be pledged or assigned. If the customer is entitled to other rights to the colocated server, especially expectant right, he assigns these to the provider in order to back debts resulting from the contract between the provider and the customer.
(19) The lien and the contractual lien can also be asserted for claims resulting from former services or other claims.
(20) If the provider excercises his lien, it shall suffice to send a written notice to the last known address of the customer. No further notice is required.
(21) Legal liens are unaffected by these terms.
(22) If the customer does not retrieve his server / other equipment within four weeks after the contract has ended, the provider will stock the items for a fee of € 10 per item and per month.
§ 15 Alteration of contract
The provider has the right to change the subject terms of this contract as long as the changes are reasonable, taking into account the interests of the provider. The agreement of the customer shall be given if he does not dissent within 4 weeks after receipt of the message informing him about the change. The provider is obliged to inform the customer about the repercussions of not dissenting within 4 weeks.n.
§ 16 Final provisions
(1) Amendments or additions to this contract are only valid if they have been agreed to in writing. This also applies to any amendment of this clause relating to written notification.
(2) All communications by the provider may be sent to the customer by electronic means. This also applies to invoices sent for services provided under the agreement.
(3) The customer may only set off claims against the provider if such claims are established as undisputed or legally binding.
(4) The provider is authorised to list the customer as a reference-customer without being obliged to pay a refund.
(5) All prices quoted are not binding unless they are confirmed contractually. Errors and omissions in our prices excepted.
(6) If any provision of this agreement is held to be invalid or becomes invalid or if there are omissions in the agreement that require rectification, the remaining provisions of the agreement shall remain in full force and effect. The invalid provision or omission shall be replaced by a provision which comes closest to the intention of both parties as would have been agreed by the parties had they knowledge of such issues in advance.
— eSolPro —
|Class of Dedicated/ Cloud Service other than German Datacenter
|Network Availability Commitment
|Public Cloud Instances
|Public Cloud Storage (object, block, archive)
|Hosted Private Cloud: Disaster Recovery
|Hosted Private Cloud: Dedicated Cloud
|Hosted Private Cloud: Enterprise Dedicated Cloud
Website / Software Design & Development Terms
- Payment Obligations, Renewals, and Cancellations
- Website / Software Development Payment Obligations: A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless an alternative contract or proposal specifies a different amount. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that eSolPro.com gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, eSolPro will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, eSolPro.com will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.
- Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. eSolPro.com my elect at its sole discretion to offer a partial refund depending upon the circumstances.
- Stock Photography Payment Obligations: Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will solicit client approval and communicate the price before purchasing.
- Description of Ongoing Costs: There are 2 types of ongoing costs: domain registration and hosting.
- Domain name registration: This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
- Hosting: This cost recurs annually. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with eSolPro.com to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
- Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to eSolPro.com fifteen (15) days before the renewal date that you do not wish to renew the account.
- Hosting Cancellation Payment Obligations: You may cancel at anytime. If you cancel before the first 30 days from the opening of your account, please refer to the details under “Limited 30-day Money Back Guarantee.” If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. eSolPro.com will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by eSolPro.com for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 10 business days from your cancellation date.
- Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider eSolPro.com can, upon request, download your site onto a CD and mail it to you. The cost for this service $50 per copy. FTP access to your site is not available for transfer purposes.
- Limited 30-day Money Back Guarantee on Hosting: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.
- Sites NOT Hosted by eSolPro.com: Should client decide to host their site on another server, eSolPro.com cannot guarantee the all elements of the site will work. eSolPro.com will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If eSolPro.com believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
- Website Maintenance: There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System, or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.
- Website Maintenance Payment Obligations: Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon reciept. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.
- Failuar to Provide Required Contents or Information
eSolPro.com is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge. If you agree to provide us with the required information and subsequently fail to do within project time line, the project will be considered as canceled on your part and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.Using our content management system you are able to keep your content up to date your self.
- We do not provide a 100% assurance for results on search engines and neither can we quantify sales or increased traffic resulting from the SEO campaign
- The client must neither exchanged nor requested links or adopted any spamming method which is likely to pull down the ranking of a website in the top search engines
- The client does not own any doorway pages, redirects, duplicate pages or content or duplicate websites
- We take advance payments and under no circumstance are these non-refundable
- We strictly ask clients to make payments within a week once the invoice get generated
- If any form of change is made by the client to an optimized page made by us or fails in implementing the amends laid down by eSolPro, any guarantee given will right away become void
- We strictly practice ethical SEO policies and have every right to nullify any guarantee if we come across that any client has adopted undesirable practices in the likes of using hidden links, FFA link pages, link-link farms, adopt cloaking techniques, page redirect, without our consent submit our web pages to search directories, search engines and other sites, use automated websites, website submission software and reciprocal link programs
- As a leading SEO provider we reserve every right of using our client websites, collateral, wireframes, web designs and layouts in both our marketing and advertising initiatives. This list can also comprise of different promotional initiatives, case studies, portfolios or discreet links provided on the website until instructed by a client specifically not to use it
Right to Client Website
In order to obtain our SEO services every client will have to abide with the below mentioned,
- Infinite access to traffic statistics for tracking and analysis needs
- Consent to make amends for optimization and also directly correspond with our team if necessary
- Access to backend/administrative part of the site to analyze the content and structure
- If there is lack of textual content in a client’s website they will offer the needed text in electronic format to create richer and additional web pages. We at eSolPro can produce website content for our client at an additional cost
- Permission to utilize client content, pamphlets, website images, trademarks, logos and pictures as deemed essential via eSolPro for SEO purposes
- An email id to help clients to request for links
Loss of Service
eSolPro do not take any responsibility for service loss, damage of data, unavailability of files, misuse of devices by other clients, malfunction of communication devices, externally managed devices or any other service for that matter is beyond our control
Indemnity and warranties
The client guarantees to us always that the material used in the site is not obscene as per Obscene Publications Act 1959’s definition, is not against any third party’s Intellectual Property Rights, is free of any corporate advertising element that goes against the Control of Misleading Advertisements Regulations 2000, is free from misleading rate comparison against the Consumer Protection Act and is not against the Defamation Act 1996
Third Party Fees
Fees of any kind that is charged by the search engines for incorporating a listing should be made by the client separately and this will comprise yet not restricted to pay per inclusion rate in directories such as Yahoo, MSN and so on
Every client should agree by the fact that hosting of their site is not done on free web-space with the help of domain forwarding. For instance if the present hosting IP address happens to be for optimization reasons or is that of any bad neighborhood then eSolPro may tell the client in changing the hosting provider
The terms and conditions laid down by eSolPro forbid to reveal information of customers without the written consent of the customer except as needed for complying with present judicial proceedings, subpoena, court order or any other legal process offered by us. For any information about our customers, send us a mail, fax or a valid subpoena to eSolPro.