|
|
Terms & Conditions |
|
PakEagle.Com
Terms of Service
Last Revision: 1/9/2009
Any individual
who purchases or utilizes services provided
by PakEagle.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 PakEagle.Com, Inc. it is
understood that you have read and agree
wholly with the terms set forth by this
agreement.
PakEagle.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 PakEagle.Com,
Inc will review this document periodically
for any changes.
PakEagle.Com,
Inc will use the terms set forth in this
agreement as a guideline to settle disputes
between PakEagle.Com, Inc and the
individuals that purchase or utilize its
services. The terms of
this agreement set forth the entire
agreement between PakEagle.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 PakEagle.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@pakeagle.com.
Definitions
1.1. "Customer", "you", "your",
et al. shall refer to any
individual seeking to purchase
or utilize any service provided
by PakEagle.Com, Inc. This also
includes any agent of the
aforementioned party.
1.2. "PakEagle.Com", "we", "us",
"our", et al. shall refer to the
provider PakEagle.Com, Inc.
1.3. "Employee" shall refer to
an agent of PakEagle.Com
authorized to act on the behalf
of PakEagle.Com.
1.4. "Services" shall
collectively refer to any
service and the billing
associated with it that
PakEagle.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
PakEagle.Com that a Customer
utilizes.
1.6. "Sites" shall collectively
refer to any website maintained
by a Customer provided by
PakEagle.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 PakEagle.Com.
1.8. "In writing" and "written
consent" shall refer to
communication and/or permission
established over email between
the Customer and
support@pakeagle.com
|
PakEagle.Com Services
2.1. PakEagle.Com agrees to
provide any and all services
requested by the Customer during
signup as put forth by the
package selected by the
Customer. PakEagle.Com will not
be expected to provide any other
services unless agreed to in
writing between the Customer and
an Employee. All Services that
PakEagle.Com provides shall be
bound by the terms of this
agreement.
2.2. Any change to a Service
made by PakEagle.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. PakEagle.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
PakEagle.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
PakEagle.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". PakEagle.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. PakEagle.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
PakEagle.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
PakEagle.Com.
3.6.2. PakEagle.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 PakEagle.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
PakEagle.Com are responsible for
tracking the renewal date of the
Service and submitting payment
before the renewal date is
reached. PakEagle.Com is not
liable if an Account is
suspended due to lapse in
payment.
3.7.2. PakEagle.Com is not
required to send an invoice
before payment is due.
3.8. All communication regarding
the Account initiated by
PakEagle.Com with a Customer
shall take place via email.
PakEagle.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 PakEagle.Com for
any reason, any Services the
Customer has with PakEagle.Com
may be suspended to attempt to
collect payment, with or without
notice.
3.10. Billing for all Services a
Customer maintains with
PakEagle.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
PakEagle.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 PakEagle.Com, it
must be requested in writing via
email to support@pakeagle.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 PakEagle.Com
manager.
|
Sites, Services and Content
4.1. Services provided by
PakEagle.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
PakEagle.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. PakEagle.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 PakEagle.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. PakEagle.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 PakEagle.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. PakEagle.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. PakEagle.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 PakEagle.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. PakEagle.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 PakEagle.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 PakEagle.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
PakEagle.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. PakEagle.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
PakEagle.Com network, are
considered publically accessible
and should be treated as such.
PakEagle.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. PakEagle.Com is not
responsible for maintaining
backups of any data stored on
the Services.
9.3. PakEagle.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 PakEagle.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 PakEagle.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 PakEagle.Com harmless
from any and all demands,
liabilities, losses, costs and
claims, including reasonable
attorney's fees asserted against
PakEagle.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
PakEagle.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 PakEagle.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
PakEagle.Com or its agents or
Employees, an arbitrator of
PakEagle.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. PakEagle.Com is not liable
for any damages or losses a
Customer or the business of a
Customer may suffer.
PakEagle.Com makes no expressed
or implied warranties of any
kind. PakEagle.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.pakeagle.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.pakeagle.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.
|
|
|
|
|
|
|