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EULA - End User License Agreement

1. The Services

The Service shall be provided by means of an access to a Universal Resource Locator (URL) designated by the Company. In relation thereto, the Company shall provide the Client with a Member ID and Password to access the designated URL.

The Client shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the registered Member ID and Password. The client is responsible for notifying the company immediately for any unauthorized use of its Member Id and Password or any breach of security.

The company reserves the right to introduce new features, enhancements, functionalities on technical or cosmetic level for its products and services or to future versions of products and services.

The Company regularly backs up all data and information found on the Service and stores the same for a limited time. However, the Company shall not be liable for any failure to back up or restore any information or for interruptions, delay, or suspension of access to or unavailability of the Service, or any loss of such information, data, or transmissions.

Server Uptime: eZee Technosys Pvt. Ltd. shall provide at least 99.95% Service Availability, measured on a per calendar-month basis. Service Availability is defined as the ability of the all the users signed on your account to access eZee System, if your account is active, in good standing and enabled.

Service Availability: If Service Availability for the first 30 day period (or any calendar month
Thereafter) is below 99.95%, eZee Technosys Pvt. Ltd. will issue a credit to you according to the schedule below:
Amount of the refund as a percentage of monthly fees for affected Service:
99.0% to 99.95% - 3% of monthly fee credited
98.0% to 98.99% - 5% of monthly fee credited
95.0% to 97.99% - 10% of monthly fee credited
90.0% to 94.99% - 25% of monthly fee credited
89.99% or below - 2.5% credited for every 1% of lost availability up to the maximum total penalty limit.

To receive a credit, your account must (a) be in good standing with eZee Technosys Pvt. Ltd., and (b) send an email or written credit request to the Billing Department in the month immediately following the month for which you are seeking a credit. Credit requests must include your account username (account number) and the dates and specific times that the Service availability was below the prescribed levels.

The Billing Department will compare information provided by You to the monitoring data that eZee Technosys maintains. A credit is issued only if eZee Technosys Pvt. Ltd. confirms from the monitoring data warranting the credit.
Total Credit Limits, Sole and Exclusive Remedy: The total credit to you for any account may not exceed 50% of the monthly fees charged to that account during the month for which the credit is to be issued, unless the amount to be credited is less than $1.00 in which case the credit amount will be $1.00. Only one credit and credit level is available in any given month.

Notwithstanding anything set forth in the Agreement or this Service Level Agreement, the credit described in this Section VII shall be your sole and exclusive remedy in connection with any outages, unavailability, or breach by eZee Technosys Pvt. Ltd. of the Agreement or this Service Level Agreement.
2. Technical Support

eZee Technosys Pvt. Ltd. will provide Client through their authorized account contacts with technical support on setting up and configuring clients account, access to the Services, and other issues related to the Services. Only client's authorized account contacts may request information, changes, or technical support pursuant to the Agreement.

eZee Technosys Pvt. Ltd. uses commercially reasonable efforts to maintain a standard response time to technical support issues. This response time will depend on the complexity of the inquiry and support request volume. The Technical Support Department assigns the highest priority to customer inquiries related to server unavailability. The estimated time to respond does not apply to inquiries that require extensive research and testing.

Technical Support is available 24/7; 365 days by email, live chat, instant messengers, and phone.

3. Maintenance

Scheduled Maintenance: To ensure optimal performance and security of the services, eZee Technosys Pvt. Ltd. will perform maintenance on regular scheduled basis. This may lead to specific service, which might not be available for a certain period or complete suspension of all the services during the maintenance period. The scheduled maintenance will not be included when calculating your uptime availability. We will notify you in advance of any scheduled maintenance that may adversely affect your service in commercially possible and with best of our efforts.

Emergency Maintenance: Under certain circumstances eZee Technosys Pvt. Ltd. may need to perform emergency maintenance, such as security patch installation, an update or hardware replacement. eZee Technosys Pvt. Ltd. will not be able to provide you with advanced notice in case of emergency maintenance. Service unavailability due to emergency maintenance will be excluded from the uptime calculations.

4. Privacy - Confidentiality

eZee Technosys Pvt. Ltd. is committed in protecting your privacy and confidentiality of your data to the maximum extent permitted by law and/or accepted by the industry standards. We will not be accessing, viewing or reviewing any of your data unless:

Either you or a government agency or regulatory body specifically requests us to do so;

When performing routine backup and restore operations, virus scan and virus removal, spam and content filtering.

If such access, view, or review is urgent and necessary to protect personal safety, perform troubleshooting, perform various kinds of performance test, restore systems operation in the event of a server failure, or prevent a server failure, Service outage or other damage. Under no other circumstances will eZee Technosys Pvt. Ltd. access your private data or share your confidential data with any third parties without your prior permission, except to the extent required by law or governmental or regulatory body or necessary to render our services to you.

All eZee Technosys Pvt. Ltd. employees have a NDA (Non-Disclosure Agreement) signed with Company.

5. Data Retention

While your account is active, eZee Technosys Pvt. Ltd. shall retain your data. eZee Technosys Pvt. Ltd. shall not be responsible for retaining any of Your data after account termination. Data will be deleted from the servers after your account has been terminated and that includes backups during scheduled backup rotation. eZee Technosys Pvt. Ltd. will not restore, provide send out any data pertaining to terminated accounts, unless specifically noted in a customized service agreement.

6. Customer Responsibilities

To access eZee Technosys Pvt. Ltd. services you must provide at the very minimum.

Internet connection with sufficient bandwidth that will allow for browsing, efficient data download and upload capability.

To use internet browser recommended by eZee Technosys Pvt. Ltd.

You grant eZee Technosys Pvt. Ltd the right to include your company's name or property name as a customer on eZee Technosys' various websites and other advertising and promotional materials. In case your company name or property name is included and you want it to be de-listed, you need to give in a written request. In 30 days eZee Technosys will remove your company's name from the websites and will cease to include the name in eZee's other future advertising and promotional materials.

You are responsible for all activity occurring under your registered account or accounts and shall abide by all applicable local, state, national and international laws, treaties and regulations in connection with use of the service, including those related to data privacy, international communications via email, phone, message, chats and the transmission of technical or personal data.

You are further responsible for security of registered user account and distribution of the registered user account for the staff.

You shall;
A. notify us immediately of any unauthorized use of any password or account or any other known or suspected breach of security;

B. report to us immediately and use reasonable efforts to stop immediately any copying or distribution of eZee technology that is known or suspected by you or any users.

7. Limitations of Liability

Under no circumstances shall the Company nor its vendors and service providers be held liable for any delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. If any such event shall continue for a period of 90 (ninety) days, either party may terminate the arrangements hereunder without liability to the other party, upon written notice to the other party. In such event, the Client shall pay the Company a reasonable sum in relation to the Service provided to the Client prior to termination.

eZee Technosys Pvt. Ltd. is not be liable or accept any indirect, punitive, exemplary, consequential, special and incidental damages including loss or income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings. We are not liable for loss of data, for any indirect or consequential loss or damage of any kind however arising and whether caused by negligence, breach of contract or otherwise, even if foreseeable.

The Client hereby agrees to indemnify and save the Company harmless against all losses, damages, expenses, liabilities, claims, and costs (including reasonable legal costs) arising out of or referable to any claims, actions or proceedings brought by any third parties arising out of the Client's use of the Service.

The company or company's personnel shall not be responsible in any direct or indirect way for any over bookings or rate parities and it is client's responsibility for proper management and efficient use of the service provided by eZee Technosys Pvt. Ltd. products and services.

eZee Technosys Pvt. Ltd. services may be subject to limitations, delays, and other problems inherent in the use of internet and electronic communications. The company is not liable for any delays, delivery failures, or other damage resulting from such problems.

eZee Technosys Pvt. Ltd. cannot guaranteed or responsible for any unforeseen errors and/or delays in the rate and availability updates and/or in relation to any other aspect of the service which may occur due to circumstances beyond either party's control such as and not limited to (i) software malfunction, (ii) hardware failure, (iii) rejection by agents or distribution channel, (iv) client entering wrong information or (v) change in registered user and password used to access service without notifying us.
8. General

If any term herein shall either in whole or in part be held to be illegal or unenforceable under any rule of law, these terms should be interpreted to affect the intentions of the parties and the remaining provisions will remain in effect.

The Client agrees that the company may identify the client as one of its clients in its promotional and literature and disclose to current and prospective clients and investors that the Client is a subscriber and user of the company's product and services.

9. Governing Law

This Agreement shall be construed and enforced in accordance with the laws in the city of Surat, Gujarat, India.

10. Agreement

The terms of this Agreement and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Agreement and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into the Agreement neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to the Agreement except as expressly stated in the terms of this Agreement.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the Agreement (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in the terms of this Agreement.