Terms of Sevices
Please ensure you fully read our Terms of Service before you place your order as they constitute a legally binding agreement.
We reserve the right to modify these terms of service at any time without prior notification.
1) General Definitions and Terms
The following words used in this agreement apply to You, the customer: "You", "Your".
The following words used in this agreement apply to Us, the seller: "Us", "Our", "We", "WHMCS Themes", "Namastehost".
The terms "website", "the website", "this website" refer to https://www.namastehost.com.
After payment has been received, your services will be active, you can find it from your client area within the timeframe advertised on our website.
Due to the nature of products we sell (i.e. digitally downloadable products, Digital services, Domains and Private server) we are unable to provide refunds under any circumstances. This is because once purchased, you will have access to the files we charge for.
Any charge-backs you attempt to make via PayPal or other payment gateways will be argued strenuously by us with reference to these terms and conditions of sale. You must ensure you fully read our terms as well as the website description of any services you purchase, as no refunds will be available unless the product you purchased is significantly different from what is described by us on this website.
By purchasing any pre-made website template from this website, you acknowledge and agree that we do not guarantee compatibility for any feature not seen in our live demonstration. In the case of templates that do not have live demonstrations, you much contact us prior to making your purchase to find out whether the template will be compatible with a feature not seen or described on this website. We cannot provide refunds on the basis of incompatibility in this regard.
Support will only be provided for hosting related issue, (i.e. if your hosting is not working) but also we provide other paid services (i.e. wordpress issue or your design related issue).
If your domain is not authorized to be using WHMCS, you will be refused support until your domain is licenced. We will also report your domain to WHMCS Limited.
If you face other issue which is not listed on our free support list our team will quotes price for it.
5) Domain Transfer
If you want to transfer in domain with us you will charge it for normal domain fee..
Due to our customer care we will charge 2500 Nrs for domain transfer out from us. If you agree on this TOS only we will release domain transfer code from NamasteHost
6) MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
Namastehost.com generally does not pre-screen User Content (whether posted to a website hosted by Namastehost.com or posted to this Site). However, Namastehost.com reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Namastehost.com may remove any item of User Content (whether posted to a website hosted by Namastehost.com or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Namastehost.com in its sole and absolute discretion), at any time and without prior notice. Namastehost.com may also terminate a User’s access to this Site or the Services found at this Site if Namastehost.com has reason to believe the User is a repeat offender. If Namastehost.com terminates your access to this Site or the Services found at this Site, Namastehost.com may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
7) ADDITIONAL RESERVATION OF RIGHTS
Namastehost.COM expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Namastehost.COM in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Namastehost.COM in offering or delivering any Services, (ii) to assist with our fraud and abuse detection and prevention efforts, (iii) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of Namastehost.COM, its officers, directors, employees and agents, as well as Namastehost.COM ’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Namastehost.COM.
Namastehost.COM expressly reserves the right to terminate, without notice to you, any and all Services where, in Namastehost.COM's sole discretion, you are harassing or threatening Namastehost.COM and/or any of Namastehost.COM's employees.
All quotations issued by us will be valid for a maximum period of 30 days. After this time, we reserve the right to provide a new quote if necessary.
You acknowledge and agree that by accepting a quotation, all communication and agreements made prior to your acceptance shall form contractual obligations for both parties, enforceable by law and to be construed in accordance with these Terms of Service.
If, for any reason, you decide against us completing the agreed works once they are already in progress, we reserve the right to either conclude the contract as originally agreed, or to charge the total amount of the contract value in order to bring the contract to an end.
If there is significant deviation part way through a project that is already in progress, we reserve the right to either conclude the contract as originally agreed, or to charge the total amount of the contract value in order to bring the contract to an end.
You acknowledge and agree that there will be no transfer of ownership rights/intellectual property unless payment has been made in full. If payment is outstanding for any reason, no ownership rights, intellectual property rights or copyright protection will be afforded to you.
9) Currency Conversion
If you elect to make your payment by direct bank transfer into our Nepal account, you acknowledge and agree that the payment must be made in Google Exchange Rate. Before sending payment, we will provide you with the total amount owed in USD. You acknowledge and agree that this value will be calculated using exchange rates provided by Google.
10) NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
- Email Messages
- Newsgroup postings
- Windows system messages
- Pop-up messages (aka "adware" or "spyware" messages)
- Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
- Online chat room advertisements
- Guestbook or Website Forum postings
- Facsimile Solicitations
- Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any website hosting, domain registration, email boxes or other applicable services until customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email abuse@Namastehost.com.
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk emails.
11) TRADEMARK AND/OR COPYRIGHT CLAIMS
Namastehost.COM supports the protection of intellectual property. If you would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark or a copyright claim for material on which you hold a bona fide copyright, please send them at abuse@Namastehost.com
12) LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Namastehost.COM. Namastehost.COM assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Namastehost.COM does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Namastehost.COM from any and all liability arising from your use of any third-party website. Accordingly, Namastehost.COM encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
You agree to protect, defend, indemnify and hold harmless Namastehost.COM and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Namastehost.COM directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
14) DISCONTINUED SERVICES; END OF LIFE POLICY
Namastehost.COM reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Namastehost.COM makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by Namastehost.COM, in any way, effective on the EOL date.
>Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. Namastehost.COM may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. Namastehost.COM will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
15) COMPLIANCE WITH LOCAL LAWS
Namastehost.COM makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
16) GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this Agreement shall be governed by and construed in accordance with the laws of Cyprus. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
If you have any questions about this Agreement, please contact us by email or regular mail at the following address: NamasteHost Pvt. Ltd. Tikathali, Lalitpur firstname.lastname@example.org Revised: 2021-01-19 08:05 Copyright © 2015 namastehost.com All Rights Reserved