This Master Service Agreement shall constitute a binding contractual agreement between Akal I.T. Solutions & Services Inc., hereinafter ("The Company" or “We” or “us” or “Our”) and the acceptor/subscriber of services ("Customer" or “You” or “Your”). The Master Service Agreement shall include the Terms of Service (TOS), the Acceptable Use Policy (AUP), the Service Level Agreement (SLA) and the Privacy Agreement (PA). Customer agrees to be bound to all agreements found herein.
The TOS, AUP, SLA, and PA are subject to change with thirty (30) days notice to the parties described herein.
Terms of Services (Version No. 1.0)
1. INTRODUCTION. In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and its agents, and "we", "us" and "our" refer collectively to Akal I.T. Solutions & Services Inc. This Agreement explains our obligations to you, and your obligations to us in relation to our service(s). By purchasing or otherwise applying for our service(s), you agree to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s) with us or to modify or cancel your service(s) with us (even if we were not notified of such authorization), this Agreement as amended covers any such service or actions. Additionally, you agree that each person listed in your account information as being associated with your account for any services provided to you (including, but not limited to, domain name registration services) is your agent with full authority to act on your behalf with respect to such services in accordance with the permissions granted, and that the Primary Contact and Account Administrative Contact for your account shall have the authority, without limitation, to terminate, transfer (where transfer is permitted by the Agreement), or modify such services or your account information, or purchase additional services.
2. VARIOUS SERVICES. Sections 1 through 28 apply to any and all of our services that you purchase. The terms and conditions set forth in the Schedules of this Agreement apply only to customers who have purchased our services referenced in those Schedules. In the event of any inconsistency between the terms of Sections 1 through 30 and the terms of the Schedules, the terms of the Schedules shall control with regard to the applicable service with us. IMPORTANT NOTICE CONCERNING BUNDLED SERVICES: If you purchase our services that are sold together as a "bundled" package (e.g., you select a Web Site package that includes both a domain name and Web Site hosting, as opposed to your purchasing such services separately), termination of any part of the services will result in termination of all of our services provided as part of the bundled package. Please see Section 10(d) of this Agreement for more information. You acknowledge and agree that some or all of the services you purchase or receive from us may be provided by one or more vendors, contractors or affiliates selected by our in its sole discretion.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration for the services you purchased, you agree to pay our applicable service(s) fees/charges set forth at the time of our quote or offer or your selection, or, if applicable, upon receipt of your invoice from us. All fees are due immediately and are non-refundable, except as otherwise expressly noted in one or more of the Schedules to this Agreement or as such fees are billed by us under an invoice to a Customer that expressly permits payment for Services by a Customer within thirty (30) days after we have sent the Customer such invoice ("Net-30 Customers"). We may require a Customer to successfully complete a credit application prior to such Customer qualifying to become a Net-30 Customer. Unless otherwise specified herein or on our Web site, each of our service is for a one-month initial term and renewable thereafter for successive one to ten-year terms, as set forth during the renewal process. Any renewal of your services with us is subject to Akal I.T. Solutions & Services Inc.’s then current terms and conditions, including, but not limited to, successful completion of any applicable authentication procedure, and payment of all applicable service fees at the time of renewal and in the case of domain name re-registration, the domain name registry's acceptance of your domain name registration. Except with respect to service to which you subscribe on a monthly basis, we will endeavor to provide you notice prior to the renewal of your services at least fifteen (15) days in advance of the renewal date. Additional payment terms may apply to our services you purchase, as set forth in the applicable Schedules to this Agreement. Pricing for services, renewals, and product upgrades and add-ons may vary based upon the date of your purchase. We may provide you with an opportunity to "opt in" to our automatic renewal process in accordance with the instructions (and subject to your agreement to the terms and conditions pertaining to that process). You agree that if you use of our auto-renew service, we will attempt to renew your service approximately sixty (60) days prior to its expiration , for the same term then-currently in place for the service, and at the then-current price for the service. You acknowledge and agree that the renewal price may be higher or lower than the price you paid for the then-current term of the service, and that we are authorized to charge your credit card or other payment method (such as PayPal®) on file for the renewal of the service(s). In any event, you are solely responsible for the credit card or payment information you provide to our and must promptly inform us of any changes thereto (e.g., change of expiration date or account number). In addition, you are solely responsible for ensuring the services are renewed. We shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services. In order to process a renewal under our auto-renew service, we may use third-party vendors for the purpose of updating the expiration date and account number of your credit card or payment method on file. Such third-party vendors maintain relationships with various credit card issuers and may be able to provide us with the updated expiration date and account number for your credit card by comparing the information we have on file with the information the third-party has on file. By selecting our auto-renew service, you acknowledge and agree that we may share your credit card or other payment method information with such a third-party vendor for the purpose of obtaining any update to your credit card expiration date, account number, or payment account. You agree to pay all value added, sales and other taxes (other than taxes based on our income) related to our services or payments made by you hereunder. All payments of fees for our services shall be made in Canadian dollars. Set up fees, if any, will become payable on the applicable effective date for the applicable “Akal I.T. Solutions & Services Inc.” services. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less. In the event of non-payment by a Customer on any amount of any invoice, we reserve the right to refer such invoice and Customer to a collection agency in order for us to secure payment on the invoice. We may terminate any or all of the Services of a Customer who fails to pay an invoice in a timely fashion. We may charge a late fee(s) to Customers for late payment of an invoice or a reinstatement fee(s) to Customers who wish to reinstate Service(s) that have been terminated due to non-payment. We will charge $50 for any of the NSF cheques.
4. ACCURATE INFORMATION. You agree to: (1) provide certain true, current, complete and accurate information about you as required by the application process; and (2) maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate. We rely on this information to send you important information, invoices and notices regarding your account and our services.
5. PRIVACY. Our privacy agreement is located on our Web site at http://www.akal.biz/legal/privacy-policy.php and is incorporated herein by reference for all of our services. The applicable privacy statement sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us except as otherwise expressly provided in one or more of the Schedules attached hereto. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party's personal data has been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
7. EXCLUSIVE REMEDY; TIME LIMITATION ON FILING ANY CLAIM. YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY AKAL I.T. SOLUTIONS & SERVICES INC. SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL AKAL I.T. SOLUTIONS & SERVICES INC., ITS LICENSORS AND CONTRACTORS (INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES PROVIDING SERVICES) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF AKAL I.T. SOLUTIONS & SERVICES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Akal I.T. Solutions & Services Inc. and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from data loss due to earthquake; flood; fire; storm; natural disaster; war; terrorism; or any other acts of god; (4) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store data or e-mail messages; (7) loss or liability resulting from the development or interruption of your web site or your Akal I.T. Solutions & Services Inc. web site; (8) loss or liability from your inability to use our e-mail service, web site manager service or any component of the subscription service (for websites from Akal I.T. Solutions & Services Inc.); (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agent's failure to pay any fees, including the initial registration fee or re-registration fee; (10) loss or liability as a result of the application of our dispute policy; or (11) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in any standard not under our sole control. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
8. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS' SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER AKAL I.T. SOLUTIONS & SERVICES INC. NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.
9. INDEMNITY. You agree to release, indemnify, defend and hold harmless Akal I.T. Solutions & Services Inc. and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the Akal I.T. Solutions & Services Inc. services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to us, including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion of meta-tags or other elements in any website created for you or by you via our services, or (g) any information, material, or services available on your licensed Akal I.T. Solutions & Services Inc. Web Site . When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of our services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
10. TERMINATION.
a. By You. You may terminate this Agreement upon at least thirty (30) days written notice to us for any reason.
b. By Us. We may terminate this Agreement or any part of the our services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred to in Section 4 of this Agreement, if we determine in our sole discretion that you have violated the our Acceptable Use Policy, which is located on our Web site at http://www.akal.biz/legal/aup.php and is incorporated herein and made part of this Agreement by reference, or upon thirty (30) days prior written notice if we terminate or significantly alter a product or service offering.
c. Effect of Termination. Except as otherwise expressly set forth herein or on our Web site, our will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by us, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time, as provided in various Schedules below). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs we incur in closing your account. You agree to pay any and all costs incurred by us in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on our service, if applicable. In addition to the terms set forth herein, certain of our services may have additional terms regarding termination, which are set forth in the applicable Schedule.
d. Effect of Termination of Bundled Services. In addition to the terms set forth in subsection 10(c) above, if you purchase our services which are sold together as part of a "bundled" package of services, any termination relating to such bundle will terminate all our services included in such bundle. For instance, any domain name registered with or maintained by us under this Agreement (but not including any domain names you may have registered, either with us or a third-party registrar, separately and not as part of a bundled service) will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, we will no longer provide the bundled services to you, any licenses granted you shall immediately terminate, and you shall cease using such services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain services included in the bundled services to stand alone services.
11. REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) neither your registration nor use of the any of the our services nor the manner in which you intend to use such our services will directly or indirectly infringe the legal rights of a third party, (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iii) you have selected the necessary security option(s) for your domain name registration record, (iv) you are of legal age to enter into this Agreement (or you are at least 13 years of age and have your parents' permission to apply for services hereunder); and (vi) you agree to comply with all applicable laws and regulations.
12. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the service(s) on our Web site, or upon notification to you by e-mail or Canada Post mail. You agree to periodically review our Web site, including the current version of this Agreement available on our Web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, except as expressly noted otherwise in one or more of the Schedules to this Agreement, but you will not incur any additional fees. By continuing to use our services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Akal I.T. Solutions & Services Inc. is authorized to alter or amend the terms and conditions of this Agreement.
13. ACCOUNT ACCESS. To access or use our services or to modify your account, you may be required to establish an account and obtain a login name, account number, password and/or passphrase. You authorize us to process any and all account transactions initiated through the use of your password and/or passphrase. You are solely responsible for maintaining the confidentiality of your password and passphrase. You must immediately notify us of any unauthorized use of your password or passphrase, and you are responsible for any unauthorized activities, charges and/or liabilities made through your password or passphrase. In no event will we be liable for the unauthorized use or misuse of your login name, account number, password or passphrase. You agree that we may log off any account that is inactive for an extended period of time.
14. AGENTS. You agree that, if your agent, (e.g., your Primary Contact or Account Administrative Contact, Internet Service Provider, employee) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the domain name dispute policy. Your continued use of our services ratifies any unauthorized actions of your agent. By using your login name, account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement, that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.
15. OTHER POLICIES. In addition to the terms and conditions set forth in this Agreement, the purchase of services may make other our Policies applicable to you and the use of our services. In making a purchase of our services, you agree to the terms set forth in these policies. We reserve the right to make changes to these policies. You agree to periodically review the policies on our website to be aware of any such revisions.
16. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register your chosen domain name, or register you for other our service(s), or to delete your chosen domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your chosen domain name, or register you for other our service(s), or we delete your chosen domain name or other our service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your chosen domain name, the deletion of your chosen domain name or refusal to register you for other our service(s).
17. NOTICES AND ANNOUNCEMENTS. . (a) Except as expressly provided otherwise herein, all notices to us shall be in writing and delivered via overnight courier or registered mail, return receipt requested to Akal I.T. Solutions & Services Inc., Attention: Legal Department, 7560 Airport Road, Suite# 15, Mississauga, ON, Canada, L4T 4H4. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement) or to any e-mail address associated with your domain name registration(s) with us. (b) You authorize us to contact you as our customer via telephone, at the number provided by you in your account information (as updated by you pursuant to this Agreement), which telephone number is incorporated herein by reference, e-mail or postal mail regarding information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails, telephone solicitations and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.
18. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
19. ENTIRE AGREEMENT. You agree that this Agreement, the rules and policies incorporated by reference in this Agreement (including, without limitation, the dispute policy and the privacy agreement) are the entire, complete and exclusive agreement between you and us regarding our services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement, including, without limitation, any purchase order provided by you for the services.
20. ASSIGNMENT AND RESALE. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the services (or portion thereof) without our prior express written consent.
21. GOVERNING LAW.
a. You and our agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Supreme Court of Canada, excluding its conflict of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the Ontario Court of Justice, Brampton, Ontario, Canada for any disputes between you and us under, arising out of, or related in any way to this Agreement (whether or not such disputes also involve other parties in addition to you and us).
b. Reserved.
c. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement.
d. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
22. AGREEMENT TO BE BOUND. By applying for our service(s) through our online application process or otherwise, or by using the service(s) provided by our under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
23. INDEPENDENT PARTIES. Neither party nor their employees, consultants, contractors or agents are agents, employees or joint ventures of the other party, and they do not have any authority to bind the other party by contract or otherwise to any obligation. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
24. WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Akal I.T. Solutions & Services Inc. The remedies of Akal I.T. Solutions & Services Inc. under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
25. EXPORT RESTRICTIONS. You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your products incorporating or using any our services in violation of the laws and regulations of any applicable jurisdiction.
26. FORCE MAJEURE. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; acts of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Akal I.T. Solutions & Services Inc., or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, our may immediately terminate this Agreement.
27. HEADINGS. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
28. SURVIVAL. In the event this Agreement terminates as provided herein, Sections 1, 2, 3, 6, 7, 8, 9, 10(c), 10(d), 14, and 17 through 28 of this Agreement shall survive such expiration or termination.
SERVICE SPECIFIC TERMS: The following terms apply in addition to Sections 1 through 28 only if you have purchased the particular service described:
SCHEDULE A TO AKAL I.T. SOLUTIONS & SERVICES INC’S SERVICE AGREEMENT
WEB HOSTING AND OFF-SITE DATA BACKUP SERVICE
1. Term: Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer.
2. Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
3. Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
4. Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.
5. One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing (E-Mail) or via ticket with approval.
6. Cancellation: The Company requires a thirty (30) days written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite thirty (30) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is preferred through E-Mail or the online customer portal on our website. Notice of cancellation can also be mailed to Akal I.T. Solutions & Services Inc., 7560 Airport Road, Suite# 15, Mississauga, ON, Canada, L4T 4H4. All customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
7. Refunds & Disputes: All services rendered by The Company are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal located on our website. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.
8. Non-Payment: All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the Service Agreement. A late fee of $20 will be incurred for failure to remit payment for services on or before the monthly anniversary date. Failure to remit payment for five (5) consecutive days, including the anniversary date, shall result in a termination of public access to Customer services. Customer shall maintain access to data and services through the service network. A $50 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons.
9. Data: The Company agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
10. Mutual Indemnification: Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
11. Limitation of Liability: Except as described in the SLA, The Company shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this agreement, the maximum aggregate liability of The Company and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for hosting (and/or off-site data backup) services for the one month prior to the occurrence of the event(s) giving rise to the claim.
12. Electronic Signature: Acceptance of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the invoice, online signup form(s) and completion of the ordering process.
SCHEDULE B TO AKAL I.T. SOLUTIONS & SERVICES INC’S SERVICE AGREEMENT
DOMAIN NAME REGISTRATION SERVICE
A. Additional Provisions for RegistryPro .Pro registration and Use (all terms as defined in the Registry.Pro Registration Agreement):
a) You represent and warrant that the data provided in the Registered Name or Defensive Registration application is true, correct, up to date, and complete; and that the registrant will at all times during the term of its registration keep the information provided above up to date;
b) You represent and warrant that the registration satisfies the applicable .pro restrictions at the time of registration;
c) You represent and warrant that the Registered Name registration satisfies the digital security requirements stated in Appendix L of the Registry Agreement;
d) You agree to be subject to the Qualification Challenge Policy and the Uniform Domain Name Dispute Resolution Policy (the "UDRP");
e) You agree not to make any representation to any person or entity that expressly or impliedly conveys that the registration of the Registered Item in any way signifies or indicates that the Registered Item Holder possesses any general or specific professional qualifications, including, but not limited to, professional qualifications in a particular field;
f) You certify that the Registered Item Holder has the authority to enter into the registration agreement;
g) For applications during the Sunrise Period, you certify that the registration qualifies for a Sunrise Registration, as set forth in Appendix J of the Registry Agreement.
h) For Intellectual Property Defensive Registrations, including Sunrise Registrations, you agree to be subject to the Intellectual Property Challenge Defensive Registration Challenge Policy.
i) You agree to the use, copying, distribution, publication, modification and other processing of Registered Item Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 of this Agreement.
j) You acknowledge that the Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period including, without limitation: (i) the ability or inability of any registrant to obtain a Registered Item during these periods, and (ii) the results of any dispute over a Sunrise Registration.
k) You acknowledge that the Registrar reserves the right to reject any application to register a Registered Item for any reason or no reason, including but not limited to if either Registrar or Registry Operator reasonably believes it does not satisfy the conditions for a Registrations (including, the Sunrise Registration Conditions or .pro eligibility requirements). You, as the Registered Item Holder, acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/dndr/udrp/policy.htm
(ii) (For registration agreements relating to Intellectual Property Defensive Registrations, including Sunrise Registrations:)The Intellectual Property Defensive Registration Challenge, available at http://www.icann.org/dndr/prosdrp/policy.htm;
(iii) The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm;
(iv) The .pro TLD restriction requirements;
(v) For registrations of Registered Names, the .pro TLD digital certification requirements;
(vi) Procedures for any applicable Verification Toolkit.
l) You agree to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by RegistryPro and its designees and agents in a manner consistent with the purposes specified pursuant to Section 2.6 of this Agreement.
m) You represent and warrant that you meet the applicable .Pro registration requirements within the Jurisdiction and agree that, during the term of the registration, it will continue to meet such requirements and that it will promptly notify the Registrar if it no longer meets such requirements.
n) You acknowledge that RegistryPro is a third party beneficiary of the Registration Agreement with the right to enforce those provisions of the Registration Agreement that affect it.
o) You acknowledge that Registrar shall be solely responsible for providing Applicant with services with respect to (a) its application for a Registered Name and (b)in the event such application is accepted, for all ongoing services with respect to its issued Registered Name. Applicant further acknowledges that RegistryPro shall have no obligation to provide such services to Applicant. Applicant agrees that it has no contractual relationship whatsoever with RegistryPro and that Applicant is not a third party beneficiary of any agreement between RegistryPro and Registrant. Applicant further agrees that RegistryPro will have no legal, equitable or other liability of any kind to Applicant.
p) Applicant acknowledges that if, pursuant to the performance of the initial verification services or annual reverification services, Registrar determines that Applicant does not meet or does not continue to meet the applicable .Pro registration requirements, Registrar shall be entitled to retain a processing fee of $150 in connection with the performance of the initial verification services and $150 in connection with the performance of the annual reverification services.
You, as the Registered Item Holder, represent and warrant that, at all times during the term of Registered Item registration, you meet the .pro registration requirements set forth by Registry Operator for the registration of the Registered Item Holder's registration. The Registered Item Holder is required to provide prompt notice to Registrar if you fail to meet such registration requirements. Registrar and/or Registry Operator shall have the right to immediately and without notice to Registered Item Holder, suspend, cancel or modify a Registered Item Holder's registration if, at any time, the Registered Item Holder fails to meet the registration requirements for such domain name or Defensive Registration.
Pro registrants self-certify that they are professionals and neither this organization nor the Registry Operator can attest to its accuracy. The relevant jurisdiction’s licensing body or office of professionals should be contacted to obtain information about a .Pro registrant’s licensing status and qualifications. Neither this organization nor RegistryPro (the operator of the .Pro registry) is (i) a referral service, a partner with, or agent of any .Pro registrant (nor is there any endorsement of any .Pro registrant, the content on a .Pro web site or advice given by a .Pro registrant); or (ii)giving any legal, medical, accounting or other professional advice. The data contained in RegistryPro’s WHOIS database, including but not limited to data regarding a registrant’s stated profession, is provides as-is with no guarantee or warranties regarding its timeliness or accuracy. For information about Digital Certificates please see the .Pro Certificate Practices Statement, available at www.registrypro.com
B. Additional Provisions for .Name TLD Registration and Use
a) You represent and warrant that every registration you are applying for in the .name top-level domain ("TLD") satisfies the eligibility requirements ("Eligibility Requirements") established by Global Name Registry Ltd., the registry for the .name TLD, which are available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
b) You agree that every service for which you register is subject to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") and the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), which are located at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
c) In addition to any of the other limitations of liability contained herein, you agree that neither the .name registry nor Akal I.T. Solutions & Services Inc. shall have any liability of any kind for any loss or liability resulting from the processing of registration requests prior to live SRS or any dispute over any Registered Name, SLD E-mail Address, Defensive Registration, or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.
C. Additional Provisions for .info Registrations
Registered Name Holder indemnifies, defends and holds harmless Afilias Limited, the .INFO Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration. This indemnification obligation survives the termination or expiration of the registration agreement.
As the Registered Name Holder of a .info name you agree to:
(i) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Afilias Limited, the .INFO Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6;
(ii) submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
(iii) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
(iv) acknowledge that Afilias Limited, the .INFO Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
D. In its registration agreement with each Registered Name Holder, Registrar shall require such Registered Name Holder to:
Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide.
Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.
Registered Name Holder shall:
Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement; (3.7)
Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement; (3.7.1)
Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. (.dotmobi.), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to [Registrar.s name] Name.com LLC being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement. (3.8.3)
Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1)
Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar; (3.8.2)
Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy; (3.8.4)
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"); (3.8.5)
Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6)
Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration. (3.8.7)
Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute. (3.8.8.)
Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted. (3.8.9)
Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract. (3.9.1)
1. Purpose
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
1. your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
2. you have no rights or legitimate interests in respect of the domain name; and
3. your domain name has been registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
1. circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
2. you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
3. you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
4. by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint.
When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
1. before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
2. you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
3. you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at Proposed Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
SCHEDULE C TO AKAL I.T. SOLUTIONS & SERVICES INC’S SERVICE AGREEMENT
Web Designing, Network Design, Maintenance and Other IT Solutions & Services
1. Term: Customer agrees to a one-time or month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer.
2. Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
6. Cancellation: The Company requires a thirty (30) days written cancellation notice prior to the anniversary billing date for discontinuance of month to month services. Failure to supply the requisite thirty (30) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is preferred through E-Mail or the online customer portal on our website. Notice of cancellation can also be mailed to Akal I.T. Solutions & Services Inc., 7560 Airport Road, Suite# 15, Mississauga, ON, Canada, L4T 4H4.
7. Refunds & Disputes: All services rendered by The Company are non-refundable.
8. Non-Payment: All payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the Service Agreement. A late fee of $20 will be incurred for failure to remit payment for services on or before the monthly anniversary date. Failure to remit payment for five (5) consecutive days, including the anniversary date, shall result in a termination of further services.
9. Data: The Company agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. But Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. Also, the Company is not responsible for Data Breach if Customer brings the Virus/es or Tojan/s or Malware/s or Spyware/s on their PC or Network by clicking on pop-ups or visiting inappropriate websites.
10. Mutual Indemnification: Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
11. Limitation of Liability: The Company shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this agreement, the maximum aggregate liability of The Company and any of its employees, agents or affiliates, under any theory of law shall not exceed a payment of money not to exceed the amount paid by the customer for services for the one month prior to the occurrence of the event(s) giving rise to the claim.
Acceptable Use Policy
Web-Hosting, Domain Name and Off-Site Backup:
General Statement: Akal I.T. Solutions & Services Inc. is dedicated to the unrestricted free transmission of information via the Internet and its many resources. Our goal is to deliver enterprise quality on-demand IT services to all of our customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) is the Internet's single most valuable feature. Akal I.T. Solutions & Services Inc. is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it. Akal I.T. Solutions & Services Inc. does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. Not withstanding anything found herein, Akal I.T. Solutions & Services Inc. follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The purpose of the acceptable use policy is to inform all Customers of anticipated customer use. This document is intended to act as a guideline to service and not to be all encompassing.
Public Network: The primary purpose of the Akal I.T. Solutions & Services Inc. public network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the public network is to utilize the network in any way so long as you do not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the public network. Violation, misuse, or interference of the public network will result in a violation of the AUP and shall result in methods of resolution under the acceptable use policy.
Private Network: The primary purpose of the Akal I.T. Solutions & Services Inc. private network is to allow secure private network connectivity to the private backend network directly connecting Customer servers and Company delivered services. Proper use of the private network is the upload/download of content, server administration, transmission of information between servers, transmission of information between servers and Company servers, secure private administration of services, data retrieval, console access, and true out of band management of their entire IT environment. The private network can also be utilized for service access during periods of non-payment, copyright infringement, spam abuse, service interruption or other instances requiring server administration. All Customers are granted equal access to the private secure network to securely manage their services. Connectivity to the private network is granted on an unrestricted basis in eight (8) hour increments. Dedicated connections to the private network are available through the sales team. Violation, misuse, or interference of the private network will result in a violation of the AUP and shall result in methods of resolution under the acceptable use policy.
Security Services: The primary purpose of the Akal I.T. Solutions & Services Inc. standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. All Akal I.T. Solutions & Services Inc. services include network intrusion detection systems and denial of service mitigation via technology from 3Com (Tipping Point). These services are free of charge and are intended to mitigate or remove security risks associated with their perspective technologies. Akal I.T. Solutions & Services Inc. also monitors all aggregate network traffic via Arbor networks and router netflow statistics for traffic analysis. Akal I.T. Solutions & Services Inc. also supplies Microsoft update servers and Redhat update servers located on the private network for private secure update services. These services are included free of charge and are intended to assist Customers in the OS management of their servers. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of dedicated servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the methods of resolution under the acceptable use policy.
Server Content: Akal I.T. Solutions & Services Inc. does not actively monitor dedicated server content for review. Akal I.T. Solutions & Services Inc. believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the acceptable use policy is deemed in compliance and shall remain intact. Legal adult content is allowed on Akal I.T. Solutions & Services Inc. dedicated servers. Content deemed in violation will be addressed pursuant to the methods of resolution under the acceptable use policy.
DNS Services: Akal I.T. Solutions & Services Inc. supplies redundant domain names services for all customers purchasing dedicated services. These services include the use of authoritative name servers for public resolution of domain names and private domain name resolvers located on the private service network. The DNS services are fully managed and maintained by Akal I.T. Solutions & Services Inc. with Customer specific domain name management through the online customer portal. In rare instances, where extreme intensive loads (dns lookups) utilize disproportionate resources of the redundant DNS systems, Akal I.T. Solutions & Services Inc. will notify Customer of potential violation of the acceptable use policy. Customers requiring such DNS services will be instructed to perform dedicated DNS services on customer managed equipment. Violation of DNS services will result in methods of resolution under the acceptable use policy.
IP Addresses: All Internet Protocol (IP) Addresses are managed by Akal I.T. Solutions & Services Inc. IP Addresses are non-transferable from Akal I.T. Solutions & Services Inc. and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the Akal I.T. Solutions & Services Inc. engineering team on per VLAN and per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of the acceptable use policy. Violation of the IP Address policy will result in methods of resolution under the acceptable use policy. All IP Addresses are currently registered via Arin.net assignments. Private IP assignments are available to qualified Customers.
IRC: Akal I.T. Solutions & Services Inc. allows the use of private internet relay chat servers for communication among private parties. Akal I.T. Solutions & Services Inc. absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of the acceptable use policy. Violation of the IRC policy will result in methods of resolution under the acceptable use policy.
Peer to Peer: Akal I.T. Solutions & Services Inc. allows the use of internet peer to peer software for file sharing purposes. Akal I.T. Solutions & Services Inc. highly recommends strict oversight and management of peer to peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Peer to Peer policy will result in methods of resolution under the policy.
Bit Torrent: Akal I.T. Solutions & Services Inc. allows the use of bit torrent protocols on the public network. Akal I.T. Solutions & Services Inc. highly recommends strict oversight and management of Bit Torrent software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Bit Torrent policy will result in methods of resolution under the policy.
The following list represents per se direct violations of Acceptable Use Policy and will be subject to immediate redress under the methods of resolution as described in the acceptable use policy:
Copyright Infringement: Direct copyright infringement is a direct violation of the acceptable use policy.
Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of the acceptable use policy. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.
Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of the acceptable use policy.
Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of the acceptable use policy. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.
UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of the acceptable use policy. This includes UseNet services located within the Akal I.T. Solutions & Services Inc. network or unrelated third party networks.
Illegal Use: Any use of dedicated services in direct attempt of statutory illegal activities is a direct violation of the acceptable use policy. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.
Child Pornography: Akal I.T. Solutions & Services Inc. has a zero stance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and the acceptable use policy.
Threats & Harassment: The Akal I.T. Solutions & Services Inc. network can be utilized for any type of individual, organizational or business use. This does not include threats or harassment to individuals, organizations or businesses unless it falls within the bounds of protected free speech under the first amendment. Akal I.T. Solutions & Services Inc. seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.
Fraudulent Activities: Akal I.T. Solutions & Services Inc. prohibits utilizing dedicated services or network services for fraudulent activities. Notification of fraudulent activities by verified third parties can result in violation of the acceptable use policy.
Denial of Service: Akal I.T. Solutions & Services Inc. absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of the acceptable use policy.
Terrorist Websites: Akal I.T. Solutions & Services Inc. prohibits the use of dedicated services for the hosting of terrorist related websites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
Distribution of Malware: Akal I.T. Solutions & Services Inc. prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Akal I.T. Solutions & Services Inc. analyzes the latest root kit for new security analysis software.
Phishing: Akal I.T. Solutions & Services Inc. strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.
HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.
Disclosure to Law Enforcement: Occasionally, Akal I.T. Solutions & Services Inc. is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the subpoena. Akal I.T. Solutions & Services Inc. utilizes great care in keeping customer information safe and private and will only release information described in the subpoena. Akal I.T. Solutions & Services Inc. will notify customer of the information request as allowed by the subpoena.
Reporting Violation of the Acceptable Use Policy: Akal I.T. Solutions & Services Inc. accepts reports of alleged violations of the acceptable use policy via email. Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. Akal I.T. Solutions & Services Inc. owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Akal I.T. Solutions & Services Inc. will review all verified third party reports and will take appropriate actions as described within the acceptable use policies.
Methods of Resolution for Violations under the Acceptable Use Policy: The ultimate goal of Akal I.T. Solutions & Services Inc. is to balance the rights and interest of our customers in the highly evolving internet world. Akal I.T. Solutions & Services Inc. understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal to our methods of resolution is to mitigate any service interruptions while resolving any potential violations under the policy. Our sales, support and abuse staff are dedicated to working with you in resolving potential violations and are available via phone or email. The methods of resolution below form the framework for a resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Akal I.T. Solutions & Services Inc. is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.
Step 1: First alleged violation of AUP: a ticket will be generated under the master user account with information regarding the potential violation of the acceptable use policy. This is often a fact finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.
Step 2: Acknowledgement of violation of AUP: a ticket is generated under the master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify customer of the action required to resolve the violation.
Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation if a ticket has been disregarded, not properly addressed, or resolved by the customer for a specified period of time, Akal I.T. Solutions & Services Inc. engineers will turn the public network port to the specified dedicated services off. Access to the dedicated services is achieved through the secure private service network for Customer resolution. As soon as the violation is addressed, the public access is restored and service continues as normal.
Step 4: Failure to address violation and remove violation: if customer fails to address the violation AND resolve the violation, a suspension of services will occur. This is a last resort for Akal I.T. Solutions & Services Inc. and requires a complete failure in the resolution process on behalf of the Customer. A permanent suspension of services includes reclamation of all dedicated services and data destroyed at the end of the current billing cycle.
Disclaimer - Akal I.T. Solutions & Services Inc. retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Akal I.T. Solutions & Services Inc. also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time.
Service Level Agreement
The Service Level Agreement (SLA) is incorporated into the Master Service Agreement and applicable to Web-Hosting and Off-Site Backup services delivered directly to Customers of Akal I.T. Solutions & Services Inc. The SLA is not applicable to unrelated third parties or third parties lacking privity of contract with Akal I.T. Solutions & Services Inc. The uptime guarantees and the resulting SLA credits are applied in monthly terms unless specified otherwise. All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.
SLA Credit Claim: To properly claim an SLA credit due, a master administrative user must open an SLA ticket located inside the customer portal within seven days of the purported outage. Customer must include service type, IP Address, contact information, and full description of the service interruption including logs if applicable. The SLA claim will be researched by the appropriate department manager and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered or traded with other Akal I.T. Solutions & Services Inc. customers. Please allow up to fourteen (14) days for the process of SLA claims.
SLA Claim Fault: Customers currently in arrears for monthly services do not qualify for SLA claims. Customers who have been in payment arrears three or more times in the previous twelve months do not qualify for SLA claims. Valid SLA claims will not be credited to customer accounts until all abuse issues are resolved. Customers making false or repetitive claims will incur a one time charge of $50 per incident for such claims. False or repetitive claims are also a violation of the Terms of Service and may be subject to service suspension. Customers participating in malicious or aggressive internet activities thereby causing attacks or counter-attacks, do not qualify for SLA claims and shall be in violation of the AUP.
Public Network: Akal I.T. Solutions & Services Inc. guarantees 99.9% uptime on all public network services to Customers located in our datacenters. All public network services include redundant carrier grade internet backbone connections, advanced intrusion detection systems, denial of service mitigation, traffic analysis, and detailed bandwidth graphs. Specific guarantees with SLA information are listed in the table herein.
Private Network: Akal I.T. Solutions & Services Inc. guarantees 99.9% uptime on the service network services to Customers located in our datacenters. All private network services include access to the secure VPN connection, unlimited bandwidth between servers, unlimited uploads/downloads to servers, access to contracted services, traffic analysis, and detailed bandwidth graphs. Specific guarantees with SLA information are listed in the table herein.
Customer Portal: Akal I.T. Solutions & Services Inc. guarantees 99.9% access to the online customer management portal. Access to this portal is available via the public and private networks. The portal is utilized to fully manage the on-demand IT environments located within the Akal I.T. Solutions & Services Inc. datacenters. Portal access includes ticket access, account management, hardware management, bandwidth management, backup management, and other related services.
Redundant Infrastructure: Akal I.T. Solutions & Services Inc. guarantees 99.9% uptime on the power and HVAC services to Customers located in our datacenters. All computer equipment and related services are served by redundant UPS power units with backup onsite diesel generators. Specific guarantees with SLA information are listed in the table below.
Uptime Guarantee |
SLA Credit |
99.9% |
Guaranteed |
99.8% |
10% |
99.7% |
20% |
99.6% |
30% |
99.5% |
40% |
99.4% |
50% |
99.3% |
60% |
99.2% |
70% |
99.1% |
80% |
99.0% |
90% |
Less than 99.0% |
100% |
Hardware: Akal I.T. Solutions & Services Inc. guarantees the replacement of failed hardware and hardware components located within our datacenters. Akal I.T. Solutions & Services Inc. guarantees a failed hardware component will be replaced within four hours of customer notification in the trouble ticketing system. Replacement of failed hardware does not include time required to reload the operating system or applications. Specific guarantees with SLA information is listed below.
Replacement Guarantee |
SLA Credit |
4 Hours or Less |
Guaranteed |
4.1 to 8 Hours |
20% |
8.1 to 12 Hours |
40% |
12.1 to 16 Hours |
60% |
16.1 to 20 Hours |
80% |
20.1 Hours + |
100% |
Hardware Upgrades: Akal I.T. Solutions & Services Inc. guarantees hardware upgrades will commence and complete within two hours of scheduled hardware upgrade maintenance windows. Hardware upgrades must be scheduled and confirmed in advance through the online ticketing system. Failure to install the hardware within the two hour time will result in a waiver of any one time installation fees. Extended hardware installation times from initial upgrade commencement shall result in SLA credits for the recurring fee associated with the hardware upgrade.
Other Services:
Akal I.T. Solutions & Services Inc. will look into all the Emergency problems within 12 hours of notification but if you need an immediate service, you will have to pay premium service charges for that type of service. We will also provide you remote services to minimize the downtime affecting your business.
Privacy Agreement
The Company considers customer privacy paramount and to demonstrate our firm commitment to privacy, the following agreement has been created to explain our policies and procedures in relation to all data collected.
Types of Data Collected
Akal I.T. Solutions & Services Inc. collects data related to our users through the following methods:
• Automated means such as communication protocols and cookies
• Online registration and online signup forms
• Sales inquiries and transactions
• Online Customer communications
• Offline communications and interactions
• Third party sources of information
Depending upon the method of collection and use, the data collected may include information about the user from forms, registrations and transactions (such as name, title, address, company, phone number and e-mail address), information about use of Akal I.T. Solutions & Services Inc. web sites (such as electronic communications protocols, web pages visited, and cookies) and user preferences and privileges.
Electronic Communications Protocols and Cookies
Akal I.T. Solutions & Services Inc. may receive data from you as part of the communication connection itself through the standard electronic greeting between your computer and our servers. This information often consists of network routing (where you came from), equipment information (browser type), internet protocol address, date and time. At this time our server will also query your computer to see if there are "cookies" previously set by Akal.Biz to facilitate log in or other site navigation procedures. A "cookie" is a small piece of information sent by a web server to store in a web browser so it can later be read back from that browser.
Akal I.T. Solutions & Services Inc. may receive data from you as part of the communication connection itself through the standard electronic greeting between your computer and our servers. This information often consists of network routing (where you came from), equipment information (browser type), internet protocol address, date and time. At this time our server will also query your computer to see if there are "cookies" previously set by Akal.Biz to facilitate log in or other site navigation procedures. A "cookie" is a small piece of information sent by a web server to store in a web browser so it can later be read back from that browser.
Cookies: Some parts of the Akal.Biz site use cookies (including signup forms) to collect information about visitors' use of the web site and to facilitate return visits. The information collected from cookies is tracked to enhance security and/or to improve the functionality of the web site by avoiding duplicate data entry, facilitating navigation, and increasing the relevance of content.
Cookies on the site may collect the following information: a unique identifier, user preferences and profile information used to personalize the content that is shown, and user information to access Akal I.T. Solutions & Services Inc.'s user forums. Some cookies used by Akal.Biz may remain on the user's computer after they leave the web site, but the majority is set to expire within 30 - 365 days. There may be some cookies on certain tools that are of longer duration. Cookies may also be of benefit to you by creating a more streamlined login process, keeping track of shopping cart additions and preserving order information between sessions. In the future, as we enable further customization of the site, cookies will help in assuring that information provided to you will be the most relevant to your needs.
While we do not offer an opt-out on the site for cookies, browsers provide you with information and control over cookies. You can set your web browser to alert you when a cookie is being used. You can also get information on the duration of the cookie and what server your data is being returned to. You then have the opportunity to accept or reject the cookie. Additionally, you can set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the site, except in some cases where cookies are used as an essential security feature necessary for transaction completion.
The Data We Collect and How We Use It
Akal I.T. Solutions & Services Inc. collects data from users for the following purposes:
To engage in transactions for service. Name, address and email information may be collected and stored as part of the transaction history. The majority of the data collected under this category is contact information.
To provide future service and support. To provide future service and support. Information collected for this purpose is both contact data and information related to service/support requested. This information is also used to provide service, product update, and similar notices.
To select content. Data may be collected to help create web site content and navigation that is most relevant and user friendly. This includes data collected as a result of site navigation as well as data provided in forms.
To respond to user inquiries and requests for information. This data includes registrations for online newsletters, opt-in mailing lists and specific requests for further information.
To provide various Akal I.T. Solutions & Services Inc. communities, such as resellers, with relevant product alerts and updates. These updates are related to product releases, prices, terms, special offers and associated campaigns. This data is sent out as part of the program member signing up for the relevant program or online account.
To better tailor marketing to user needs. We may use information from purchases and requirements to provide you with timely and pertinent notices of product releases and service developments that address your needs and requirements.
To better respond to requests for quotes for services. To better respond to requests for quotes for services. Akal I.T. Solutions & Services Inc. will pass contact information to the appropriate Akal I.T. Solutions & Services Inc. sales person, or reseller for follow-up related to Akal I.T. Solutions & Services Inc. services.
From referral "tell a friend" function. If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. Akal I.T. Solutions & Services Inc. will automatically send the friend a one-time email inviting them to visit the site. Akal I.T. Solutions & Services Inc. uses this data for the sole purpose of sending this one-time email and tracking the success of our referral program.
Customer Portal, Customer Customization, Preferences and Opt-Out
New Customers are automatically registered for Customer Portal access. The customer portal allows users the ability to create users, add/delete users, add/delete user privileges and opt in (or out) of services and mailing lists. The customer portal provides them with control over their preferences for electronic information delivery.
Akal I.T. Solutions & Services Inc. has also provided master users the ability to manage your account or profile of information. We maintain the data and allow master users to update it at any time. To change this information, you must be a current customer and login with a user ID and password and follow the prompts to "update my profile." We continue to expand the profile of services and information that you may access and update.
Please note that some email communications are not subject to general opt-out. These include communications related to downloads; communications about sales transactions; information about software updates, patches and fixes; disclosures to comply with legal requirements; and network upgrades or other related service maintenance.
Security
Akal I.T. Solutions & Services Inc. is concerned with the security of the data we have collected and has in placed commercially reasonable measures to prevent unauthorized access to that information. These measures include policies, procedures, employee training, physical access and technical elements relating to data access controls.
In the event that individual personal data is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, Akal I.T. Solutions & Services Inc. will notify the affected individual of the breach by email or fax or, if Akal I.T. Solutions & Services Inc. is unable to contact the individual by email or fax, then by Canada Post Mail. Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for Akal I.T. Solutions & Services Inc. or law enforcement to determine the scope of the breach and to assure or restore the integrity of the data system. Akal I.T. Solutions & Services Inc. may delay notification if Akal I.T. Solutions & Services Inc. or a law enforcement agency determines that the notification will impede a criminal investigation, unless and until Akal I.T. Solutions & Services Inc. or the agency determines that notification will not compromise the investigation.
Policy Updates
If we are going to use your data in a manner different from that stated at the time of collection, we will notify you via email. In addition, if we make any material changes in our privacy practices that do not affect user data already stored in our database, we will notify you by email or post a prominent notice on this web site notifying users of the change. In some cases where we post the notice we will also email users who have opted to receive communications from us, notifying them of the changes in our privacy practices.
We may update this policy from time to time to describe how new site features affect our use of your data and to let you know of new control and preference features that we provide you.
Copyright Infringement DMCA
Copyright Claims Pursuant to the Digital Millennium Copyright Act
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on Akal I.T. Solutions & Services Inc.'s network or servers should be promptly sent in the form of written notice to the Designated Agent for DMCA Notices listed below:
H. Kaur - Designated Agent for DMCA Notices
Akal I.T. Solutions & Services Inc.
7560 Airport Road, Suite# 15,
Mississauga, ON,
Canada, L4T 4H4
E-Mail Address
To be considered effective, a notification of a claimed copyright infringement must be provided via email or regular mail to Akal I.T. Solutions & Services Inc. and must include the following information:
1: An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
2: Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
3: Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Akal I.T. Solutions & Services Inc. to locate the material.
4: Information reasonably sufficient to permit Akal I.T. Solutions & Services Inc. to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
5: A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6: A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Failure to submit copyright infringement notification as described herein will result in no legal notice or action on behalf of Akal I.T. Solutions & Services Inc.
Misrepresentations: - any person who knowingly materially misrepresents under this section
1: that material or activity is infringing, or
2: that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorney's fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by Akal I.T. Solutions & Services Inc., who is injured by such misrepresentation, as the result of Akal I.T. Solutions & Services Inc. relaying upon such misrepresentations in removing or ceasing to disable access to it.
