THIS AGREEMENT GUIDES YOUR ACQUISITION AND USE OF OUR SERVICES.
This Contract shall commence on the date on which you accept these Conditions upon Your registration with Sapta Global Inc.. and shall remain in full force and effect unless and until terminated by either Party in accordance with the terms of the Contract. Sapta Global Inc.. reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website HourDay.io. Sapta Global Inc.. will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was effective. The changed or revised Agreement will be effective immediately after it is posted on this Website.
This 'Terms and Conditions of User' Agreement (the "Agreement") contains terms and conditions of use applicable to any and all users of the website with respect to information, product and/or service provided by or through HourDay.io on the website.
We use information for marketing purposes. We might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. Or, for example, if you subscribe for a service from us we'll enroll you in our newsletter.
User Content Guidelines:
1. PROVISION OF THE FREE SERVICES: If you register with us HourDay.io for a free trial of any service, we will make one or more Services available to you on a trial basis free of charge until you connected with us.
ANY DATA YOU ENTER INTO THE SERVICES DURING YOUR FREE TRIAL WILL BE PERMANENTLY DISABLE(“BUT SECURE WITH US UPTO 30 DAYS”) AFTER YOUR FREE TRIAL PERIOD EXPIRY UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL OR PURCHASE APPLICABLE UPGRADED SERVICES, BEFORE THE END OF THE TRIAL PERIOD.
During the Free Subscription period, you have the limited, changeable, and generic right to access and use the Service(s) for your business purposes. You may subscribe to one or more of the Service(s) as per their specific Service Plans. You shall be responsible for the use of the Service(s) through Your Account by any third parties.
2. PROVISION OF PAID SERVICES:
If you register with us HourDay.io for paid services, we will provide (a) applicable support for the Services to You at no additional charge, (c) use commercially reasonable efforts to make the Services available on 24 hours a day and 7 days a week, except for: (i) planned downtime, and (ii) any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, acts of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, or denial of service attack.
3. USE RESTRICTIONS
Users undertake not to make any illegal or fraudulent use of the service and more particularly, undertake not to-
a) make the Service(s) available to any third party or use the Service(s) to Process data on behalf of any third party, other than Users and End-Customers in furtherance of Your internal business purposes or unless Terms are agreed on mutually agreed manner;
b) Steal, adapt, or modify the Service(s) or other attempt to gain unauthorized access to the Service(s) or related systems or networks;
c) Contravene any applicable law, statute or regulation, namely but not restrictively related to trade practices, import and export controls and/or restrictions, unfair competition and false advertising.
d) Use the Service(s) in any infringes copyright, patents, trade-marks, publicity or privacy rights or, generally, any third party right;
e) Any unlawful, false, threatening, schemes or other forms of duplicate, unsolicited messages abusive, harmful, violent, harassing, libelous, obscene or indecent to Service(s);
f) Post or transmit on or from the service(s) any information that contains files or code designed to interrupt, destroy or limit the functionality of the Service(s) or any computer software or equipment;
g) Attempt to convert, dismantle, decompile, use reverse engineer, reproduce, copy or discover the source code or underlying program of any Software making up the Service(s);
h) Restrict or inhibit any other user from using the service(s);
i) Post, link or otherwise publish information and/or make offers which relate to counterfeit, stolen or fraudulent products and/or services, as the case may be;
j) Post, link or otherwise publish content or do anything in relation to the website which creates liability, adversely affects or is likely to create liability or adversely affect our business and/or reputation.
k) Post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, or any other similar harmful software (“Malicious Software”);
l) Post, link or otherwise publish any confidential information of another user or third party which have the purpose or effect of affecting the price or value of any security;
4. MODIFICATION TO SERVICE OR WEBSITE:
Proposed Service(s): You will receive notification about any updates or up gradation to your subscribed service(s) time to time whenever we do so. We reserve the right to deploy updates at any time of our new or modified features added to the Service(s). We may update those to your service on mutually agreed manner.
Websites: We may discontinue or change any part of Our Websites, which does not affect the Service(s) without providing any notification. We may also change content on Our Websites at any time and we have the rights to update it, excluding our service(s).We will notify You not less than fifteen (15) days prior to the effective date of any such amendment and Your continued use of the Service(s) and/or website following the effective date of any such amendment may be relied upon by Us as Your consent to any such amendment.
5. PROPRIETARY RIGHTS AND LICENSES:
Reservation of Rights: Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to all our charter, design, discoveries, copyrights, trademarks, domain names, trade secrets and any other intellectual property and/or proprietary rights in or related to the Service(s), including the websites shall belong to us. We are the owner of all Intellectual Property Rights in our Websites, and the content or information published on it. Those are protected by copyright laws and covenant around the world. Anyone must not use any part of the information on our websites for any purposes without obtaining a license to do so from us. No rights are granted to you hereunder other than as expressly set forth herein.
Access to Service: You have the limited, changeable, and generic right to access and use the Service(s) which you paid for your business purposes unless mutually agreed condition.
Use of Service Plan: You may choose any number of services as your service plan. You shall able to downgrade a service(s) at any time, but the modification shall be effected from the next month onwards. Downgrading a Service plan may cause loss of some information but those data will remain with us until we get any instruction from you, but we will not liable for any data loss. You shall able to upgrade your service at any time. In these entire cases subscription amount shall be adjustable but not refundable.
License to Use Feedback: You grant to us and our affiliates a worldwide, perpetual, irrevocable license to use and incorporate into our and/or our affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by you or our affiliates’ services.
6. FEES AND PAYMENT FOR PURCHASED SERVICES:
FEES: You will pay all fees specified upon registration other than for free trial, all Subscription Charges associated with Your Account are due in full and payable in advance. Payment obligations are non-cancelable and fees paid are non-refundable. You will receive a receipt from us upon each payment you made.
PAYMENT AND INVOICING:
We accept various type of payment option for the convenience of our clients. You can pay subscription charges to any service through all accepted payment methods as specified on the site. If you pay through credit card by providing valid credit card information to us, you authorize us to use such credit card for all Purchased Services for the initial subscription term and any renewal subscription term(s). Such charges shall be made in advance, either monthly or annually or in accordance with any different billing frequency agreed upon. If you choose the payment other than a credit card, we will invoice you in advance. Unless otherwise agreed, invoice charges are payable immediately or within the fifteen (15) days after receipt of invoice. You are responsible for providing complete and accurate billing and contact information to us by updating your Account or by e-mailing us at email@example.com
Overdue Charges: You will get notification from us for any invoiced amount is not received by the due date. For payments made through credit cards, we must receive payments due within a maximum of fifteen (15) days from the date of our invoice through accepted methods. If We do not receive payment within the foregoing time period, then without limiting our rights or remedies,
(i) those charges may accrue late interest at the rate of X% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or
(ii) suspend your access to the use of Service(s) until We receive Your payment towards the Subscription Charges as specified herein, and/or
(iii) Terminate the access if we do not receive the payment for subscribed service thirty (15) days from account suspension.
Reimbursement: All Subscription Charges are nonrefundable, unless otherwise specified in these Terms or a Form or a Service Plan. No refunds shall be made for partial use or non-use of the Service(s) by you. If you subscribed any service for 12 month, in that period of time,
(a) if you want to down grade your service, then that will affect from next month and the amount will be adjusted and extra amount will be refunded or
(b) If you terminate your account then that will affect from next month and after deduction the amount will be refunded.
Taxes: Taxes: Our Subscription Charges do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder whether leviable on you or us. If we have the legal obligation to pay or collect Taxes for which you are responsible under this Section, We will invoice you and you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against us based on our income, property and employees.
Advantages for Users: Apart from the credits refund criteria mentioned in Reimbursement section, we may offer you some benefits such as discounts on price, extension in Subscription Term for no extra charges, with deem to the Service(s). All these benefits have an expiry date of twelve (12) months unless otherwise mentioned in the site.
These Terms are effective until terminated by us or you. Your service and all the facilities provided by us may terminate and/or suspend due to:
(i) non-payment of Subscription Charges,
(ii) Terminate by you, and
(iii) Violation of any Terms stated in this document. We shall not be liable to you or any third party for termination of the Service, or any part thereof.
If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to solve the issue and/or by writing us to firstname.lastname@example.org.
NOTE: EXPORT ALL YOUR DATA BEFORE TERMINATION OF YOUR ACCOUNT BY YOU IS STRONGLY RECOMMENDED. IN ANY OF THE CAUSES FOR THE TERMINATION OF YOUR ACCOUNT, YOUR DATA WILL WITH US FOR A PERIOD OF 30 DAYS (“SAFE PERIOD”) FROM DATE OF TERMINATION.YOU MAY CONTACT US TO EXPORT YOUR DATA. WE WILL NOT LIABLE TO ANY DATA LOSS BEYOND THE SAFE PERIOD.
Sapta Global reserves the right to terminate your access to the Website and/or Service(s) if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. If your access to the Website and/or Service is terminated, Sapta Global reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website and/or Service(s). This Agreement will survive indefinitely unless and until Sapta Global chooses, in its sole discretion and without advance to you, to terminate it.
Each party shall protect the other party’s confidential Information confidential as same degree of care that it uses to protect the confidentiality of its own confidential information of like kind. Each Party agrees that it shall use the other’s Confidential Information solely for the purposes of performance of Services and will take all reasonable steps which shall include, at a minimum, the steps it takes to protect its own Confidential Information, but not less than the steps it takes to protect its own similar information. Each Party agrees that it will restrict the disclosure of the Confidential Information to its employees, affiliates or agents on a need to know basis and who have agreed to confidentiality obligations no less restrictive than the terms of this Section.
The obligations of confidentiality in the above condition shall not prevent any disclosure of information which:
(a) is in, or has become part of, the public other than by a breach of the Contract;
(b) becomes available to the disclosing Party in a lawful manner from a third party;
(c) can be proven was independently developed by or for the disclosing Party;
(d) is required to be disclosed by law or because of a stock exchange requirement.
You acknowledge and agree that Sapta Global Inc., as a result of you accessing the Services, process personal data (as such terms are defined in the Data Protection Legislation) on your behalf to assist in providing the Service(s).
The Parties each acknowledge that you shall be the data controller and Sapta Global shall be the data processor (as such terms are defined in the Data Protection Legislation) in respect of all personal data processed by us on your behalf.
DISCLAIMER OF WARRANTIES:
WE, OUR AFFILIATES, OUR SERVICE , AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT) AND/OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SAPTA GLOBAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAPTA GLOBAL MAKES NO WARRANTY:
(a) THAT THE INFORMATION PROVIDED ON THIS WEBSITE AND/OR IN THE SERVICE(S) IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY,
(b) THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY,
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN,
(d) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED,
(e) REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE,
(f) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
SAPTA GLOBALWILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
(1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT AND/OR PRODUCTS;
(2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT;
(3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR
(4) ANY LOST PROFITS YOU ALLEGE.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify, defend and hold Sapta Global, subsidiaries, affiliates, shareholders, licensors, customers, officers, and employees harmless, including costs, expenses and attorneys’ fees and other legal costs, from any and all losses, damages, penalties liability, claim or demand made by any third party due to or arising out of:
(a) Your use of the Services or Sapta Global Intellectual Property Rights;
(b) Any violation of this Contract by You including without limitation breach of representations and warranties and obligations related to confidentiality;
(c) Infringement by You of any third party Intellectual Property Rights or other right of any person or entity;
(d) Willful misconduct or gross negligence by You;
(e) Fraudulent or unlawful act of You.
(f) Your breach or alleged breach of any warranties or representations made;
(g) Any material displayed in Your Network which do not comply with all applicable laws, statutes and regulations;
(h) Any material displayed in Your Network which contain content that is obscene, defamatory, libelous, or slanderous, or hate-related.
Any claim for indemnification hereunder shall be subject to the following provisions:
(i) You shall be given prompt written notice of the claim by Sapta Global, provided that any delay in providing notice shall not relieve You of Your indemnity obligations under this Contract unless, and only to the extent, You were prejudiced by the delay; and
(ii) Sapta Global shall reasonably cooperate with You and Your counsel at Your cost and expense. Sapta Global may participate in the defense and settlement of the claim and using attorneys selected by us. Each party shall make all reasonable efforts to mitigate damages.
Entire Agreement: This Agreement comprises the entire agreement between you and Sapta Global and supersedes any prior agreements pertaining to the subject matter contained herein.
SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.
NO WAIVER: The failure of either Party to enforce its rights under this Contract at any time for any period shall not be construed as a waiver of such rights.
GOVERNING LAW AND JURISDICTION: This Website and/or Service(s) originate from the New Jersey, USA. This Agreement will be governed by the laws of the State of New Jersey without regard to its conflict of law principles to the contrary. Neither you nor Sapta Global will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of New Jersey. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
STATUTE OF LIMITATION: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website and/or Service(s) or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
BY USING THIS WEBSITE OR SUBSCRIBE THE SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.