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Terms & Conditions

HajveriHosting.Com Terms of Service
Last Revision: 1/9/2009

Any individual who purchases or utilizes services provided by HajveriHosting.Com, Inc. or any of its affiliates are unconditionally bound to the terms set forth in this document.  By purchasing or utilizing services provided by HajveriHosting.Com, Inc. it is understood that you have read and agree wholly with the terms set forth by this agreement. 

HajveriHosting.Com, Inc and its affiliates reserve the right to revise this agreement at any time without providing direct notice to those whom it affects.  It is understood that any individual purchasing or utilizing services provided by HajveriHosting.Com, Inc will review this document periodically for any changes.

HajveriHosting.Com, Inc will use the terms set forth in this agreement as a guideline to settle disputes between HajveriHosting.Com, Inc and the individuals that purchase or utilize its services.  The terms of this agreement set forth the entire agreement between HajveriHosting.Com, Inc and the individuals purchasing or utilizing its services, and supersedes any and all prior agreements of the parties involved.

Any breach of this agreement by an individual purchasing or utilizing services by HajveriHosting.Com, Inc. may result in the services of the individual being suspended or terminated with or without notice.

Any questions clarification, or challenge of the terms set forth in this agreement may be submitted in writing via email to support@HajveriHosting.Com.
 

Definitions

1.1. "Customer", "you", "your", et al. shall refer to any individual seeking to purchase or utilize any service provided by HajveriHosting.Com, Inc. This also includes any agent of the aforementioned party.
1.2. "HajveriHosting.Com", "we", "us", "our", et al. shall refer to the provider HajveriHosting.Com, Inc.
1.3. "Employee" shall refer to an agent of HajveriHosting.Com authorized to act on the behalf of HajveriHosting.Com.
1.4. "Services" shall collectively refer to any service and the billing associated with it that HajveriHosting.Com agrees to provide the Customer based on the selections made by the Customer during signup or as requested in writing and approved by an Employee.
1.5. "Servers" shall collectively refer to any hardware provided by HajveriHosting.Com that a Customer utilizes.
1.6. "Sites" shall collectively refer to any website maintained by a Customer provided by HajveriHosting.Com.
1.7. Account" shall refer to the established billing information and its related Services that are representative of the Customer that contracted Services from HajveriHosting.Com.
1.8. "In writing" and "written consent" shall refer to communication and/or permission established over email between the Customer and support@HajveriHosting.Com

HajveriHosting.Com Services

2.1. HajveriHosting.Com agrees to provide any and all services requested by the Customer during signup as put forth by the package selected by the Customer. HajveriHosting.Com will not be expected to provide any other services unless agreed to in writing between the Customer and an Employee. All Services that HajveriHosting.Com provides shall be bound by the terms of this agreement.
2.2. Any change to a Service made by HajveriHosting.Com on behalf of the request of a Customer that is not part of a standard package or Service will be considered to be temporary in nature. These changes are made on a case-by-case basis, and may not be preserved when other changes are made to the Services. HajveriHosting.Com will not be held responsible for any downtime or issues related with this section.
2.2.1. Any aforementioned change may be removed at any time with or without notice if it is found to have a negative effect on the Services.

Accounts and Billing

3.1. Each Customer that contracts service with HajveriHosting.Com will be setup with an account that consists of accurate contact and billing information as verified by the Customer. Failure to provide truthful information may result in the suspension or termination of the Account.
3.2. Information provided to HajveriHosting.Com by the Customer may be shared with third party services to determine a fraud risk score, to bill the credit card on file, or to contract service on behalf of a customer, as is the case with "domain registration". HajveriHosting.Com will never share customer information with any third party under any circumstance outside of this requirement.
3.3. New Accounts are established under the following conditions:
3.3.1. Full payment has been received as per the invoice generated at signup.
3.3.2. The order has been successfully screened for fraud by both a third party and an Employee, and is determined not to be fraud by both a third party and an Employee.
3.3.3. The Employee reviewing the signup accepts the order.
3.4. HajveriHosting.Com retains the right to reject any order at any time for any reason with or without notice. In the event that an order is not accepted for any reason, the Account will be terminated, and any payments received will be refunded. The Customer may request the reason for cancellation in writing.
3.5. All Services are billed on a recurring basis according to the package chosen at signup, or as determined by a Customer and Employee in writing after an Account has already been established, as in the case of an "upgrade". Payment is automatically attempted via the credit card on file on the anniversary date of the Service.
3.5.1. Automatic billing cannot be stopped unless the Services are terminated as outlined in Section 3.12.
3.5.2. All Services are billed up-front according to the billing term selected.
3.6. All Accounts with HajveriHosting.Com must have valid contact information on file that is kept up-to-date at all times as verified by the Customer. This includes, but is not be limited to, name, physical address, phone number, and email address.
3.6.1. The email address on file must not be one provided by HajveriHosting.Com.
3.6.2. HajveriHosting.Com cannot be held liable for any reason in the event that we cannot get in contact with the Customer due to inaccurate contact information.
3.7. A valid credit card must always be on the Account established with HajveriHosting.Com as verified by the Customer. Other forms of payment are not normally accepted unless agreed to in writing with an Employee. In the event that there is no valid payment option established with an Account, the Account may be suspended until a valid payment agreement is established.
3.7.1. Customers who establish a form of payment that is not normally accepted by HajveriHosting.Com are responsible for tracking the renewal date of the Service and submitting payment before the renewal date is reached. HajveriHosting.Com is not liable if an Account is suspended due to lapse in payment.
3.7.2. HajveriHosting.Com is not required to send an invoice before payment is due.
3.8. All communication regarding the Account initiated by HajveriHosting.Com with a Customer shall take place via email. HajveriHosting.Com assumes the email address provided on the Account is accurate and up-to-date, and will make no additional effort to contact you.
3.8.1. Customers reserve the right to be notified of any action taken on their account in accordance with this clause unless otherwise noted in these terms.
3.9. In the event a Customer owes money to HajveriHosting.Com for any reason, any Services the Customer has with HajveriHosting.Com may be suspended to attempt to collect payment, with or without notice.
3.10. Billing for all Services a Customer maintains with HajveriHosting.Com remains active while an Account or Service is suspended. Any payment that comes due during the time an Account or Service is expected in full, and must be paid prior to Service being reinstated.
3.11. Bank disputes (i.e. "chargebacks") are grounds for immediate termination of an Account without notice from HajveriHosting.Com. In the event that a bank dispute is received from a Customer, the Account will be suspended and/or terminated. If a Customer wishes to reinstate an Account affected by a bank dispute, they will be responsible for the whole amount disputed, plus any additional fees directly associated with the bank dispute.
3.12. If a Customer wishes to terminate Services or an Account provided by HajveriHosting.Com, it must be requested in writing via email to support@HajveriHosting.Com, or by logging into the billing system and requesting cancellation.
3.12.1. The Customer will be entitled to at least 50% of the remaining balance on the account as of the day cancelled in the case of pre-paid Services, unless otherwise determined by an Employee.
3.12.2. Setup fees, domain name registration/transfer fees, add-on Service fees, and one-time service charges are not eligible for refunds.
3.13. In the event that an Account or Service is terminated at the discretion of an Employee for any reason, no refund will be due, nor will a backup of any data stored on the Servers be provided unless otherwise determined by an Employee.
3.14. Unless otherwise noted, any and all promotions are reserved for first-time account holders, and will not be honored for existing Accounts unless approved by a HajveriHosting.Com manager.

Sites, Services and Content

4.1. Services provided by HajveriHosting.Com are not to be used for the transmission, storage, or presentation of any information, data or material that is in violation of any United States federal and/or local laws. Failure to comply with this section will result in immediate termination and/or suspension of the Account.
4.2. Any attempt to exploit a Service in any way is grounds for immediate termination of the Account.
4.3. The Customer is wholly responsible for any action taken on their Account in any way. The Customer is monetarily responsible for any action that is taken on their Account, regardless of if the Customer or a third party took the action.
4.3.1. In the case where a Customer believes their Account was compromised by a third party, it is the Customer’s responsibility to alert HajveriHosting.Com in writing to this fact as soon as possible. The Customer may be held liable for any service charges accumulated by any action taken by the third party.
4.4. HajveriHosting.Com considers certain material to be unacceptable. If unacceptable material is found on a Site, or is linked to by a Site, the Account will be suspended and/or terminated as determined by an Employee. Examples of unacceptable material include, but are not limited to:
4.4.1.   Pornographic or adult material
4.4.2.   Fraudulent activities of any kind
4.4.3.   IRC and IRC related tools
4.4.4.   Copyrighted material without explicit consent to use and/or distribute
4.4.5.   Network/computer scanning or attack software
4.4.6.   Exploits
4.4.7.   Software licenses, license generation software, software "cracks"
4.4.8.   Site mirroring
4.4.9.   Upload services of any kind
4.4.10. Spiders of any kind
4.4.11. Computer viruses/malicious software of any kind
4.4.12. Proxy scripts or services
4.4.13. Ponzi or pyramid schemes
4.4.14. Pharmacy or pharmacy-like services
4.4.15. Racist, hateful, or harassing content
4.4.16. Hacking related information or services
4.4.17. SPAM of any kind
4.5. Backups are not to be stored on the Servers, whether the backup contains files from other systems, or files from content hosted on the Service. Any backup created of content on the Servers with the intention of being copied to a new medium off of the Services must be removed from the Servers within one week of the creation of the file. Any backups discovered that are in violation of this section will be removed by an Employee without notice.
4.6. Any unattended process or command is prohibited from being run on the Services at any time. Any process or command that listens on a network port or opens a file socket is prohibited from being run on the Services at any time. Any daemon is prohibited from being run on the Services at any time. Processes or commands found to be violating this section will be terminated immediately without notice. Further action is at the discretion of an Employee.
4.6.1. Scheduled jobs (i.e. "cronjob", "crontab") may be run more frequently than once every 10 minutes. Scheduled jobs may not take longer than five minutes to complete their task. Any scheduled jobs violating this section will be terminated, and disabled.
4.7. No action taken on the Services should result in a connection to a network outside of the Services unless express written consent has been obtained both from HajveriHosting.Com and the network the Customer wishes to connect to. Accounts in violation of this section may be suspended.
4.8. Any effort to link to, or provide material that is not owned by the Customer will result in immediate suspension of the Account.
4.8.1. Any data and/or multimedia that is not explicitly owned by the Customer, and for which the customer does not have explicit written permission from the owner of the data and/or multimedia is prohibited on the Service. Examples include, but are not limited to the hosting of music or videos whether for personal or public use. Violation of this section may result in the material being removed with or without notice and/or the suspension of the Account at the discretion of an Employee.
4.9. Services are not to be used for the sole purpose of load balancing. Services may not be used to provide storage for data that is not used directly on the Site. This includes, but is not limited to, utilizing the Services solely for the purpose of hosting images, videos, music, large downloads, SQL databases, or streams. Any Account violating this section will be suspended and may be terminated at the discretion of an Employee.
4.10. Multimedia steaming is not permitted on the Services without first receiving written consent from an Employee.
4.11. Services are not to be used to monitor, gather information about, or administrate other servers or sites of any kind.
4.12. Sites must remain within the limits specified by the package the Customer selected regardless of whether or not they are strictly enforced. Violating this section is considered exploitation as per Section 4.2 and will result in suspension, and possibly termination, of the Account.

E-mail Services

5.1. HajveriHosting.Com has the explicit right to determine what email may leave or enter our network. Email may be filtered or deleted without notice as determined by an Employee. If an Account is found to be sending email that an Employee deems unfit to leave our network, the Account will be suspended.
5.2. Customers are prohibited from using the Services to send SPAM. The recipients of any email sent from the HajveriHosting.Com network must first consent to receiving email from the sending Account. Any violation of this section will result in immediate suspension and/or termination of the Account.
5.2.1. Any email sent to a purchased list, or a list consisting of email address not gathered with consent to send email directly to any of the email addresses on the list is considered in violation of this section.
5.2.2. HajveriHosting.Com has the final say in determining if an email message is SPAM.
5.3. A Customer shall not use the Services solely for email hosting. Any Account found to be used solely for email hosting will be warned in writing, and granted a 10-day grace period to seek new accommodations. If the Account is not relocated after the grace period has expired, the Account will be suspended.
5.4. Any email stored in the "Trash" folder is considered to be deleted and may be removed from the server at any time without notice.
5.5. "Postmaster" mailboxes shall not be used to store email. Any email within a "postmaster" mailbox may be removed from the server at any time without notice.
5.6. Customers are prohibited from sending more than 500 emails in any 60-minute period. Violation of this section will result in the Account being suspended.

Soft Limits

6.1. The limits in this section will be known as soft limits. These limits are not actively enforced, however, if an Account is found to be unequally sharing Server resources, harming the well being of a Server, or adversely affecting Server performance, these limits may be imposed on the Account.
6.2. Customers who elect to use a shared Service are expected to use the Service in a manner that is fair to other Accounts that are sharing the Service. Accounts found to be monopolizing the resources of a Service in any way that is detrimental to other Accounts on the Service may be asked to move to a dedicated Service.
6.2.1. HajveriHosting.Com has the final say of what Accounts are in violation of Section 6.
6.2.2. In non-emergency situations, a grace period of three days to discuss options with HajveriHosting.Com will be provided to Customers. In situations where a Service cannot continue to run while an Account is active, the Account may be suspended without a grace period.
6.3. Files over 2,097,152 kilobytes in size are not permitted on the Service. If files are discovered over the aforementioned size, a warning will be issued to the Customer, and a grace period of three days will be observed. If the files have not been removed within the grace period, an Employee will remove them without warning.
6.3.1. This section does not apply to backups waiting to be copied to a new medium as outlined in Section 4.5.
6.4. Accounts on the Services are not permitted to utilize more than 100,000 inodes at any given time. One inode is allocated for each file, directory, or symlink on the Service. Accounts in violation of this section will be warned, and a grace period of three days will be observed. If the issue is not rectified after the grace period expires, the Account will be suspended.
6.5. Bandwidth is monitored, regardless of the promise of unlimited bandwidth included with certain Services. Accounts using large amounts of bandwidth will be audited to ensure the bandwidth is being used according to the terms of this agreement.
6.5.1. Accounts using more than 15% of the total bandwidth of a Server will be considered in violation of Section 6.2.
6.6. Any Account determined to be using more than 10% of the total CPU time and/or RAM of a Server will be considered in violation of Section 6.2.
6.7. Any Account determined to be using more than 15% of the total disk space of a Server may be considered to be in violation of Section 6.2, regardless of if the Customer is within the bounds of their quota.
6.8. Accounts responsible for utilizing more than 10% of the total number of active connections on any Server may be considered to be in violation of Section 6.2.
6.9. Email that is over 256 kilobytes in size may not be stored on the server. Email that is over said size must be downloaded and removed within a reasonable amount of time after having been delivered. An Employee may remove the email after a reasonable amount of time has passed.
6.10. Email stored in the "Sent" folder may not contain attachments. Any email in violation of this section will be removed without notice.
6.11. Connections to our POP and SMTP servers are limited to five active connections per IP at any given time.  You are not permitted to connect to the POP service more frequently than once every five minutes. Any violation of the aforementioned may be in breach of Section 6.2.
6.12. Connections to our IMAP server are limited to one active connection per monitored mailbox per user at any given time. Any violation of the aforementioned may be in break of Section 6.2.
6.13. "Catch-all" mailbox accounts that account for more than 15% of the total mail delivery for a particular Account may be disabled without notice. "Catch-all" mailbox accounts that account for more than 10% of the total mail storage utilized by an Account may be disabled without notice.

Uptime Guarantee

7.1. HajveriHosting.Com promises a 99.5% uptime guarantee based on the availability of the Services your Account directly utilizes over a period of 3 months.
7.2. Uptime will be judged solely by monitoring services that HajveriHosting.Com directly contracts or utilizes.
7.2.1. Statistics from third-party monitoring services will not be honored for this guarantee.
7.3. Credits are not automatically applied. If a Customer wishes to challenge the guarantee, a written request must be submitted, and an Employee will investigate the claim.
7.3.1. Should a Customer successfully challenge this guarantee, a credit equal to one month of service for the affected Account(s) will be applied. A Customer is allowed one credit per quarter per Service.
7.4. Customers must pro-actively seek a solution, in writing, to any downtime they experience to be eligible for a service credit when challenging this guarantee.
7.4.1. If it is found that the Customer had not contacted us prior to challenging the guarantee, no service credit will be due.
7.5. Customers must challenge the guarantee within one month of a suspected violation. Customers who attempt to challenge the guarantee outside of this time will be due no service credit.

Service Credits

8.1. Service credits may only be approved by a HajveriHosting.Com manager, and must be requested and granted in writing. A manager may revoke any credit received outside of these requirements without notice.
8.2. Service credits will be granted as a credit to the balance of an Account held with HajveriHosting.Com or as an extension of the renewal date of a Service. Service credits can never be exchanged for a direct refund.
8.3. In the event an Account is terminated or cancelled for any reason, all service credits not yet utilized on the Account are considered null and void, and cannot be refunded.
8.4. Any request for a service credit must be submitted, in writing, within one month of the incident cited as the reason for credit due.
8.5. This document will be used when determining eligibility for a credit. HajveriHosting.Com is never obligated to provide a service credit, unless otherwise noted in these terms.

Public Nature of the Internet and Data Integrity

9.1. The Internet, and HajveriHosting.Com network, are considered publically accessible and should be treated as such. HajveriHosting.Com will not be held liable for any unauthorized access to your data. Any data that is deemed confidential, classified, personal, private, et al. shall not be hosted on the Services.
9.2. HajveriHosting.Com is not responsible for maintaining backups of any data stored on the Services.
9.3. HajveriHosting.Com is not liable or monetarily responsible for any data loss or corruption under any circumstances.
9.3.1. This includes, but is not limited to, Sites that are compromised, modified, or changed by a Customer or third party, with or without the consent of the Customer, in any way.

Abuse and Law Enforcement

10.1. By utilizing our Services, the Customer consents to having their Account monitored for activity that may breach this agreement. Information gathered during monitoring will not be used in any way other than ensuring the terms set forth in this agreement are upheld.
10.2. It is the responsibility of HajveriHosting.Com to comply with any requests set forth by law enforcement officials and courts within the bounds of United States federal and local laws. Any actions on your Account mandated by the order of a law enforcement official or court will be taken without notice to the Customer, unless otherwise instructed by the aforementioned parties.
10.3. It is the responsibility of HajveriHosting.Com to comply with properly formatted DMCA complaints as set forth by The Digital Millennium Copyright Act of 1998. In the event we receive a DMCA complaint for an Account, the Account will be suspended or partially suspended while we work with the Customer to resolve the complaint. More information about The Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/dmca.pdf

Indemnification

11.1. The Customer agrees that it shall defend, indemnify, save and hold HajveriHosting.Com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against HajveriHosting.Com, its agents, its customers, and Employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns.
11.2. Customer agrees to defend, indemnify and hold harmless HajveriHosting.Com against liabilities arising out of:
11.2.1. Any injury to person or property caused by any products sold or otherwise distributed in connection with HajveriHosting.Com
11.2.2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
11.2.3. Copyright infringement
11.2.4. Any defective products sold to customers from the Services.

Arbitration

12.1. By using any Services, you agree to submit to binding arbitration. If any disputes or claims arise against HajveriHosting.Com or its agents or Employees, an arbitrator of HajveriHosting.Com’s choice will handle such disputes. An arbitrator from the American Arbitration Association will be selected in the state of New York. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration section. You are also responsible for any and all costs related to such arbitration.

Disclaimer

13.1. HajveriHosting.Com is not liable for any damages or losses a Customer or the business of a Customer may suffer. HajveriHosting.Com makes no expressed or implied warranties of any kind. HajveriHosting.Com disclaims any warranty or merchantability for any particular purpose or service. This includes the terms of set forth by this document.


Be Alert !
This website is owned and operated by Pak Eagle Technologies, Pakistan. Visitors to this website are bound by the following terms and conditions. For the purposes of these terms and conditions, "this website" refers to www.HajveriHosting.Com, which links to various other related websites.
Other related websites may contain terms and conditions which are different from these terms and conditions. On your journey around the related websites please check the terms and conditions of each website, and do not assume that these terms and conditions apply to all related websites.
Disclaimer
This website may include links to external websites. When you follow such links the external website may appear as a full screen (in which case you will need to use the back button on your browser to return to this website). These links are provided in order to help you find relevant websites, information which may be of interest to you quickly and easily.
The intellectual property rights, copyright and company trade secrets of Pak Eagle vested in all software products, upgrades, dual-media software, hard-copy or electronic manuals and documentation are vested in SSW, which reserves the right to use the software or material, or any part of it in other applications and for its own use.
Terms & Conditions
This website contains material including text, photographs and other images and sound, which are protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by Pak Eagle, and have been licensed to them by the owner of those rights so that it can use this material as part of this website.
You may:
Access any part of the website;
Print off one copy of any or all of the pages for your own personal reference.
You may not:
Copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use any material contained in the website except as set out under "You may". These restrictions apply in relation to all or part of the material on the website;
Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the website;
Link to this website:
... without our express written consent.
If you wish to provide a hypertext or other link to this website, you are free for it, but please send these details to website administrator
The URL(s) of the web page(s) from which you are proposing to link to this website
The URL(s) of the web page(s) on this website to which you are proposing to link

Changes In Terms & Conditions
Pak Eagle may change the terms and conditions and disclaimer set out above from time to time. By browsing this website you are accepting that you are bound by the current terms and conditions and disclaimer and so you should check these each time you revisit the site.
Complaints
If you have a question or complaint about this website, please contact the Support Department
Credit Card Details
Pak Eagle retains the right to store credit card details on file.

Deadlines
Pak Eagle may choose to estimate the completion date of a project. While we will endeavor to meet all deadlines, we do not offer any guarantees, and Pak Eagle is not liable for losses suffered due to a project being completed after the estimated completion date
.
Equipment
Pak Eagle is not liable for any equipment failures be it customer's equipment or equipment on the client site.

Viruses
While Pak Eagle endeavors to have all its hardware virus-free, the Client is expected to have current virus protection, and Pak Eagle is not liable for any accidental infection of client hardware.
Cancellations by Client
If any hourly job is cancelled by the client after commencement, Pak Eagle will charge for all hours up to that point in time. If an hourly job is cancelled by the client, any pre-paid work not fully completed will not be refunded; however the remaining balance will be credited to the clients account for future utilization. If any fixed price job is cancelled by the client, Pak Eagle will retain the initial fifty percent of pre-paid value. Any further hours completed will be charged to the client as a proportion of the quoted price based on hours completed to that point in time.
This contract is governed by the laws of NSW, Australia. The operation of the postal acceptance rule is expressly excluded. The terms and conditions contained on this document supersede any previous terms and conditions.

Limited Liability
In no event shall Pak Eagle or its suppliers be liable for any accidental, consequential, incidental or indirect damages of any kind (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or of the inability to use the software. In no event shall Pak Eagle liability for any claims whether in contract, tort or other theory of liability exceed the purchase price of the subject products or services, unless such limitation of liability is otherwise prohibited by law

Development Work Credit
In the event Pak Eagle performs web development services, the Client acknowledges and will ensure that: (a) Pak Eagle receives a permanent credit on the Site (including, without limitation, any alteration, modification or subsequent use of the Site) which acknowledges Pak Eagle as the developer of the Site; Unless otherwise agreed in writing credit shall be "Proudly developed by Pak Eagle Sydney Web Design" in a suitable position of each page of the Site. This text will provide a permanent link to www.HajveriHosting.Com; (b) Pak Eagle may claim credit in its own promotional material for the development of the Site; and (c) the Client will remove the credit within 24 hours of receiving a notice from Pak Eagle to do so. In the event Pak Eagle performs web or other software development services, Pak Eagle reserves the right to develop and publish a case study on the work performed.

Hourly Work
Unless specified otherwise in writing this contract authorizes Pak Eagle to undertake work on an hourly-rate basis. Pak Eagle may provide an estimated time to complete this work. Such estimates are not binding and all hours designated as performed will be charged at the rates set out or otherwise agreed. In an hourly work agreement, the initial meeting with the customer will be conducted by Pak Eagle at no cost. Any subsequent work will be charged at the rates set out or otherwise agreed. The minimum time chargeable for on-site work is 2 (two) hours per person per visit. The minimum time chargeable for off-site work is 15 (fifteen) minutes per person per request.

Pre-Paid Work
Pak Eagle may offer a more competitive rate to those clients pre-paying time in blocks of 40 hours per person on the project. Pre-paid rates become effective upon the day of payment. Rates revert to standard if pre-payment is not made prior to work commencing, or not so made for second or subsequent prepaid invoices in respect of work past the previously prepaid work. We recommend that you process payment within 24 hours of receiving a new invoice to ensure that the prepaid discount is maintained. Unused prepaid credit expires 12 months from the date of issue of the invoice. No refund will be made for unused prepaid credit.

Fixed Price Work
Pak Eagle may agree to perform certain work or provide a software product for a fixed price in accordance with an agreed specification. In this case, the specification is binding and additional or previously unspecified work will be to the customer's account. A fifty percent payment is required prior to commencement, and the balance payable upon delivery of the software for User Acceptance Testing. Pak Eagle conducts all development and testing in an environment with a default configuration. Delays resulting in any deployment problems caused by custom software, hardware or settings on the clients servers are not covered in a fixed-price contract.

Requests for Work
Work requested by the Client (including employees or representatives of the Client), in written, electronic, or verbal form, is authorized by the Client. The Client may choose to work through a "Company-Champion." If so, the Client must inform Pak Eagle of this decision in writing. Subsequent to this advice the Company Champion has sole authority to request billable work. All requests that the company champion is CC'd on are considered authorized.

Uninvited Solicitation
Direct or uninvited solicitation of an Pak Eagle employee by the client is prohibited unless authorized in writing by Pak Eagle. The client warrants that will the client solicit the employee, thereby breaching the prohibition, the client will pay damages to Pak Eagle of an amount proportionate to 21% +GST of the total remuneration package offered to the employee plus liquidated damages of 4 (four) weeks pay +GST of the total remuneration package.

Warranty
A 30 day warranty begins upon delivery of any fixed price job. No warranty applies to work done on an hourly basis, this includes bug fixing. Pak Eagle and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties or merchantability and fitness for a particular purpose, with regard to the software, the accompanying written materials, and any accompanying hardware.

Support Contract
Pak Eagle offers support contracts.
For more information, see Pak Eagle Website.

Bugs
A reproducible coding error that causes an unexpected defect, fault, flaw, or imperfection in a computer program. In other words, if any Pak Eagle software does not perform as the developers intended, it is most likely a bug. - Any unspecified feature or modification is not a bug, and will be reviewed for addition to a future release at the developer's discretion.
For more information, see What is/is not a "Bug?"

Source Code Ownership
The Client is granted a non exclusive, transferable, perpetual Pakistan right and license to use, deploy and modify the software within the Client's group of companies for the Client's own internal purposes. Pak Eagle reserves the right to use generic code from other projects as part of the Client's project. Pak Eagle reserves the right to use generic code from the Client's project in future projects. Some projects contain Pak Eagle Framework code that is common to other projects.
Fixed Price Work
Pak Eagle may agree to perform certain work or provide a software product for a fixed price in accordance with an agreed specification. In this case, the specification is binding and additional or previously unspecified work will be to the customer's account. A fifty percent payment is required prior to commencement, and the balance payable upon delivery of the software for User Acceptance Testing. Pak Eagle conducts all development and testing in an environment with a default configuration. Delays resulting in any deployment problems caused by custom software, hardware or settings on the clients servers are not covered in a fixed-price contract.
Jurisdiction
These terms and conditions are governed by and to be interpreted in accordance with relevant Indian laws, both substantive and procedural. In the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the website whether in contract or tort or otherwise the Pakistan courts will have exclusive jurisdiction over such dispute.

 

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