General Terms & Conditions

This Agreement for General Terms & Conditions for using WebSouls Services (hereinafter the "Agreement" or "General Terms") has been entered into:

-BY AND BETWEEN-

WebSouls having its registered office situated at Office No. 22 & 23, Office Floor, IT Tower, Behind Hafeez Center, 73-E-1 Hali Road, Gulberg-III, Lahore, Pakistan through its duly authorized officer (hereinafter the "WebSouls") which expression shall include its successors-in-interest, permitted assigns and duly authorized officers

-AND-

An individual, entity or person, whether natural or juridical, whether incorporated or un-incorporated, whether registered or un-registered, whether private or public, as long as recognized at law (hereinafter the "Customer") who has agreed and accepted, by executing a contract in the form and manner prescribed by Websouls, to access, avail or use any of the Services (as mentioned herein) provided by WebSouls. The expression, Customer, in relation to making payment towards WebSouls, shall include legal heirs, successors-in-interest, and authorized agents of the Customer and in relation to all obligations and claims against WebSouls, the expression Customer shall only include person or entity, who makes regular payments to WebSouls and uses Services in accordance with this Agreement.

WebSouls and Customer have hereinafter been individually referred to as the "Party" and collectively as the "Parties"

-WHEREAS-

WebSouls is engaged in the business of providing services of Internet Domains, Web Hosting, Dedicated Servers, Web Development, Search Engine Optimisation (SEO), Digital marketing, ecommerce platform/solutions, Graphic Designing Services, App Design and Development, Web Design, Content Writing, Reseller Hosting and VPS Hosting etc.(as defined hereunder as the "Services") within the territory of Pakistan and in such other countries and territories as it may decide from time to time, to the general body of consumers at such rates, terms and conditions, as are applicable and modified from time to time in sole discretion of WebSouls; and

In order to provide the Services WebSouls wholly depends on its sourcing vendors (of local and foreign origin) and the continuity and quality of Services and the conditions and capacity of WebSouls to provide the same is beyond WebSouls's direct control, hence the Services are provided on "as-is" basis; and

The entire set of terms and conditions (collectively known as "Acceptable Use Policy for WebSouls Services" or "AUP") are always available on WebSouls's official and associated URLs for the purposes of reading and understanding of the potential and existing Customers and general pubic; and

The Customer, having read and fully understood the AUP and rates/prices as announced and published on its URLs and other offline platforms, has communicated his desire/offer to enter into this Agreement to WebSouls, in any one or more of the following manners i.e. by making online/offline application or request to WebSouls, and/or by making/depositing payment to WebSouls through any mode recognized by law, and WebSouls has accepted the offer of Customer by receiving/collecting the payment(s) from Customer and/or allowing the Customer to sign-up, sign-in or log-in to any of WebSouls's portal(s) or such other portals as advised by WebSouls for availing Services or by confirmation in writing (online/offline) of starting/committing the services/project.

NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, SUFFICIENCY AND ADEQUACY WHEREOF IS HEREBY MUTUALLY ACKNOWLEDGED, AND IN EXCHANGE OF PROMISES MADE HEREUNDER, THE PARTIES AGREE AS FOLLOWS: -

1. DEFINITIONS

1.1 "Agreement" or "Acceptable Use Policy for Websouls Services" or "AUP" includes these General Terms, and any other specific terms, policies, notifications, directives, terms and conditions printed on invoices and payment documents, circulars, user manuals, application literature, instructions and alerts etc., which WebSouls keeps amending, varying and modifying from time to time, in its sole discretion, and cover legal, technical and financial, rights and obligations between the Parties. Once the AUP or any part(s) thereof are amended, varied or modified, the previous version shall cease to have legal effect except as otherwise decided by WebSouls in its sole discretion. Services provided under any gratuitous or discounted or free of cost arrangement shall also be governed by AUP.

1.2 “Applicable Laws” means any instrument having force of law such as enactments, statutes, Acts, ordinances, orders, rules, regulations, directives, circulars, SOPs etc., legislated, promulgated, framed, made or issued under competent legislative power as well order of the judicial or quasi-judicial bodies, courts and tribunals etc., of competent jurisdiction and also include the AUP.

1.3 "Services" shall include any of the following components separately or jointly to be provided by WebSouls to the Customer, and such other services that the WebSouls may offer in future, at applicable rates: -

Internet Domains and/or add-on services
Web Hosting including Virtual Private Servers (VPS) and all types of shared hosting
Email solutions, Email hosting, Email services
Dedicated Servers
Web Development, Webs Services, Website maintenance services
Mobile application development
Software Licenses, Sub-Licenses and Rights to Use
Desktop software development, Software Installation/Integration
Project Management
Development and Training
Technical Support
Digital marketing, Search engine marketing, Social media marketing
Search engine optimisation (SEO)
Google Adwords
Cloud services
Any other services which are provided by WebSouls and acquired by its Customers subject to the AUP.

1.4 "Support" means the allied services to be provided by WebSouls, whether on payment or without payment, to be provided to Customer when the Customer faces any technical issue with regards to use of Services.

1.5 "System" shall include every type of hardware(s), software(s), operating or application software, platform(s), servers, cloud, network, physical or non-physical storage devices or facilities, licenses, telecommunication systems, messaging systems, services or devices, utilities of electrical, mechanical, digital nature, office facilities, physical or digital environment, or any other materials and resources of any kind, which may, at any time, be required or deployed for provision of Services under this Agreement. The System owned and operated by third party(ies), which work in aid, or in collaboration or integration with WebSouls's System, and are necessary to provide the Services shall also be considered as part of the System for the purposes of this Agreement.

1.6 “Live Operation” or “Go Live” means the stage at which the hosted project (website or application) is accessible and operational for end-users.

1.7 “Project Document” means comprehensive documentation that outlines the specifics and scope of the hosted project.

1.8 “System Integration Testing (SIT)” means a rigorous testing phase ensuring seamless integration of various system components.

1.9 “Software” means the applications, scripts, and programs that customers install on their hosting accounts to run and manage their websites. This includes content management systems (CMS), e-commerce platforms, blogs, forums, and other web applications.

1.10 “Software License” means legal permission granted to customers to use specific software applications on their hosting accounts.

1.11 “Standard Software” means pre-packaged, commonly used applications and programs that are provided as part of hosting plans. These can include popular content management systems (CMS), e-commerce solutions, and other widely used tools that customers can easily install and use for their websites.

1.12 “Custom Software” means applications and scripts that are uniquely developed or tailored for a specific customer's needs. This could include bespoke web applications, specialized scripts, or any software designed specifically to meet the individual requirements of a particular website hosted on the platform.

1.13 “Terminal Hardware” means physical devices that facilitate interaction with the hosting environment.

1.14 “User Acceptance Testing (UAT)” means the evaluation and validation of the hosting environment by end-users, ensuring that it meets their specific requirements and expectations.

1.15 “Customer Infrastructure” means client's network, hardware, and associated components integrated into the hosting environment.

1.16 “Customer Transaction Data” means the information generated and processed as a result of transactions conducted by users on a website hosted on the web hosting service.

1.17 “Customization” means tailoring aspects of a web hosting environment to meet specific needs or preferences

1.18 “Implementation” means the process of integrating and making operational the various components of a hosting plan. This includes setting up servers, configuring software, and ensuring that the hosting environment is ready to host websites or applications.

1.19 “Warranty Period” means the defined timeframe during which the hosting service assures performance and reliability.

1.20 “Designated Site(s)” means specific locations within the hosting infrastructure that are identified for hosting particular websites or applications.

1.21 “Documentation” means detailed records, manuals, and guides associated with the web hosting plans. This information provides instructions on how to use and manage the hosting environment, troubleshoot common issues, and make the most of the hosting features.

1.22 “Module(s)" means segmented parts of software or applications that provide specific functionalities within the hosting environment.

1.23 “Change Request” means formally proposing alterations to aspects of the web hosting environment. This can include changes to configurations, upgrades, or modifications to software and hardware components. Change requests typically undergo a review and approval process.

1.24 “Third Party Software” means software applications or tools provided by external entities, not the hosting provider, that can be integrated into the hosting environment.

1.25 “Software Warranty” means a commitment by the hosting provider that the software will function as intended within the hosting environment for a specified period. This warranty typically covers issues related to the hosting platform's compatibility with the software and may include provisions for updates and support during the warranty period.

2. PROVISION OF SERVICES

2.1 WebSouls shall make its best efforts to provide Services to the Customer round the clock in an un-interrupted manner. However, WebSouls cannot and does not guarantee 100% connectivity or provision of best quality at all the times due to host of possibilities including limitations of technical, administrative, legal and financial nature, as well as reasons of force majeure or any other reasons beyond WebSouls's reasonable control. The Customer fully acknowledges and accepts the aforesaid conditions, and represents that he shall have no objections on the instances such as service suspensions or quality deterioration etc., and shall receive the Services on as-is basis.

2.2 The Customer also agrees that suspension, termination or deterioration in quality of Services shall not entitle him for any claim on any nature against WebSouls. In case the Customer is dissatisfied with provision of Services, his only recourse would be to require WebSouls to terminate the contractual agreement and demand the refunds if applicable.

3. RATES, PRICES AND TAXES

3.1 The Customer is and shall always remain liable to pay Fee(s) which include the amounts to be paid by Customer to WebSouls in lieu of Service(s), technical support, maintenance or any other activity. Any Service(s) or part thereof, which shall be provided free of costs, or on complementary basis, shall always remain subject to unilateral cancellation or withdrawal by Websouls in its discretion. Where such free of cost Service(s) or Service(s) on discounted price, or credit in any Service(s) etc., are made available along with any other paid Service(s), the same shall automatically stand cancelled, as soon as any of paid Service(s) shall be terminated, suspended, cancelled or withdrawn in accordance with this Agreement.

3.2 Fee(s) shall be charged at such rates as shall be prescribed and/or revised by WebSouls, from time to time, in its sole discretion. The WebSouls shall be under no obligation to give prior notice to the Customer, however any upward revision shall not be applicable retrospectively. In addition to the Fee(s), WebSouls shall be entitled to charge and collect any other charges, dues and costs etc., in lieu of any extra/added services that may be provided to the Customer. Moreover, ordinarily the Fees prescribed for a certain period shall not be enhanced during said period, however keeping in view the economic factors, Websouls shall be unilaterally entitled to increase the Fees/Rates either during the said period, or at the time of renewal of Service(s).

3.3 Generally the Fee(s)/rate(s) shall pertain to a certain period of time, i.e. monthly, quarterly or yearly and shall be revised at the end of such period. However, on account of certain factors such as escalation in foreign exchange rates, or other economic or administrative circumstances, beyond reasonable control of foresight of WebSouls, then WebSouls shall be entitled to revise the rate(s) before expiry of the agreed period, and issue revised invoice prescribing the revised rate(s) to be payable in respect of such period as shall be reflected in the revised invoice. The Customer shall be liable to make the payment in accordance with the revised invoice.

3.4 All Fees, charges, dues or costs shall be subject to all applicable taxes according to Applicable Laws, and shall be exclusively borne by the Customer.

3.5 Fees and all other payments shall be made by the Customer only in such manner, mode, currency, and in such designated account as shall be advised by WebSouls. Any payments made otherwise shall not be considered as valid payment and shall not absolve the Customer of his/its liability to pay.

3.6 Invoices shall be sent electronically (via e-mail or other publicly used electronic communication methods) at contact details that Customer has provided to WebSouls. In addition, WebSouls may also decide to the send physical invoices.

3.7 The Customer shall be responsible for making payment in the manner prescribed in the invoice within the time period mentioned therein. Any delay or failure by the Customer in making the payment in-full, by the due date, will automatically result in suspension of all Services. After suspension of Services, the Websouls may accept late payment, subject to such late payment surcharge, as may be applicable at the relevant time. In any event in case the delay in payment and/or late payment surcharge continues for more than a month from the original due date, it will entitle WebSouls to also terminate this Agreement and recover/retain any amounts due to the Customer.

3.8 In the event WebSouls fails or delays, for any reasons whatsoever, to charge and collect the applicable fees, charges, dues, taxes or any payment under any description, and related to any time/duration in the past, WebSouls shall at all times be entitled to charge and collect such amounts retrospectively, and the Customer shall be liable to make such payments as and when demanded by WebSouls. If Customer fails to make the payment when so demanded, WebSouls shall be entitled to either (i) adjust such payments against any future rights/obligations of the Customer, and/or (ii) suspend/terminate the Services until such payments are made by the Customer, and/or resort to legal (civil/criminal) recourse for recovery of such amounts and penalties at the rate of 10% per annum till the date of actual recovery.

4. SUPPORT

4.1 Unless a separate agreement or any other paid arrangement has been procured by the Customer, the scope of Support services will generally cover only addressing such issues which are related to hosting account and control panel. For all support services related to any software/application including third party software/application, the Customer may avail support services own his own, or may enter into separate Support services agreement with Websouls.

4.2 Where a Customer faces any technical issue or complaint due to which he shall not be able to use the Services the Customer shall intimate WebSouls through its designated channels along with a complete description of the problem.

4.3 WebSouls upon receipt of complaint shall make all good faith efforts to address the complaint and carry out required activity to redress the problem. Notwithstanding any manner or time-frames notified by WebSouls to carry out the Support services, any delay or inability of WebSouls to rectify the issue or redress the complaint, in full or in part, shall not entitled the Customer to make any claim against WebSouls.

4.4 The Support services are only gratuitous in nature and does not confer any right in contract, in equity or in law, in favour of the Customer to claim the Support services as a matter of right. However, depending upon the nature of complaint, if the escalation and repair thereof so requires, WebSouls may prescribe, collect additional fee/charges for providing the Support.

4.5 The scope of Support services shall be restricted only to the extent of performing technical survey and taking corrective steps to resolve the complaint. In case any additional software/hardware or any other component of System is required, in the opinion of WebSouls, the Customer shall be liable to bear all costs in this regard.

4.6 If WebSouls attempts to provide the Support and fails to redress the issue, the Customer's only remedy shall be to get the problem solved by engaging any expert at his/its own costs, without seeking any recompense or claim from WebSouls. A dissatisfied Customer may always opt to terminate this Agreement with WebSouls, but in no case, shall be entitled to make any claim against WebSouls.

4.7 The WebSouls reserves its right, to prescribe and amend, from time to time, a mechanism for escalation of problems, handling of complaints and provision of Support services to be provided under this Agreement.

4.8 If the problem faced by Customer persists, WebSouls shall advise the Customer to replace, procure or install at Customer's own costs, fresh software, hardware, license or any other component of Customer's platform, environment of system. Unless the Customer complies with such advice of WebSouls, the WebSouls shall not be obliged to carry out any Support activity or otherwise facilitate the Customer. However, in case the Customer does not follow WebSouls's advice, and also does not get his Services suspended or terminated in the meantime, and due to such reason remains unable to use/access the Services, the Customer shall continue to remain liable to pay the fees, charges, costs and taxes as usual.

4.9 Where a Customer's frequency of asking for Support services is more frequent than usual customer (which shall be assessed by WebSouls in its sole discretion) or the Customer's conduct is unreasonable and irate, or the Customer is found to be monopolizing dedicated resources/staff of WebSouls, without following WebSouls's advice, WebSouls shall become entitled to stop providing further assistance or Support to the Customer, or in any case, shall remain entitled to suspend or terminate the Services, without prior notice to the Customer.

5. MAINTENANCE OF SYSTEM

5.1 The Customer understands that from time to time WebSouls shall carry out the activities of scheduled or un-scheduled maintenance, dysfunction or malfunction or diagnostic of its System which may be corrective or preventive in nature.

5.2 WebSouls in its sole discretion shall decide, whether or not to announce/communicate the dates/times of the scheduled maintenance. In case(s) where WebSouls decides to immediately undertake any unscheduled activity of maintenance without giving prior notice to the Customer, it shall be deemed to have been done in good faith, for larger interest of the Customer(s), without incurring any liability, of any kind whatsoever, towards WebSouls.

6. REPRESENTATIONS & WARRANTIES

6.1 The Customer understands that in order to enable WebSouls to provide Services or Support or carry out maintenance, installation, or implementation or any other activity which in WebSouls's opinion is important, the Customer shall allow unhindered access to such parts of its hardware, software, codes and passwords, as may be requested on behalf of WebSouls. In case where Customer delays or fails to provide such information/access, WebSouls shall not be liable for any inconvenience, loss, or damage which may be caused to the Customer.

6.2 The Customer shall be obligated to provide correct and complete information to WebSouls as may be required for provision of Services, and in case of any change in such information the Customer shall immediately report to WebSouls in writing.

6.3 If a Customer or any other person who places an order to Websouls for acquiring any Services such as the domain name, license, [Websouls to add a few examples here] etc, whether such Service(s) is Websouls's own service, or to be obtained from any of the WebSouls's suppliers or license providers, and after placement of the order, the required Service(s) become unavailable, or could not be availed due to communication delays, or due to prior registration by any other person having advantage of time fraction, or the order could not be performed party or entirely due to any reason, including force majeure and technical outages, then Websouls shall NOT be liable, and shall stand fully absolved from performance under the order placed. In such eventuality, however, Websouls may, as soon as possible, intimate the Customer and/or the person placing the order, regarding non-availability of Service or non-fulfilment of the order, and refund the amount(s) if any received by Websouls. Websouls may also in good faith, communicate the Customer or the person placing the order, about extent and nature of non-availability, along with any alternate Service(s) that may be relevant, from which the Customer or the person placing the order, choose and place a new order, suiting his needs. In any event, the Websouls shall not be held responsible for any direct or indirect, immediate or remote loss or damages of any kind whatsoever.

6.4 Before entering into this Agreement, and starting to use the Services, the Customer has completely read and understood the AUP and made himself fully aware of the scope, description, and possible limitations of the Services, and suitability of Services for Customer's intended use/needs, and represents that the Customer shall from time to time keep reading, studying and understanding all modifications, variations and updations in the AUP. Failure of Customer to acquaint himself with the modifications, variations and updations of AUP shall not create any obligation(s) against WebSouls.

6.5 The Customer promises to stay abreast of all technical information published/circulated by WebSouls in connection with use of Service(s). In case Customer's lack of said acquaintance causes any deterioration in Service quality or limited use of Services, Websouls shall provide proper guidance, but in no case shall Websouls be responsible, for any consequence adversely affecting the Customer.

6.6 Notwithstanding anything contained herein, WebSouls reserves exclusive right to stop, suspend, restrict, limit or terminate provision of Services, in whole or in part, without assigning any cause, without any prior notice, and without any entitlement of the Customer in this regard. In such eventuality the Customer shall have no right to seek resumption of services or make any financial claim of any nature whatsoever against WebSouls.

6.7 It shall be Customer's own responsibility to protect and safeguard his private and confidential information which may be relayed or accessible to the System, and keep the backups of all important, confidential and relevant data of the Customer, as WebSouls takes no responsibility for backup or storage, unless the Customer has formally executed a contract for acquiring backup services, in which case the relevant terms and condition shall apply. In case of any loss of such data for any reason the Customer alone shall be responsible.

6.8 The Customer acknowledges that there is no covenant as to confidentiality of information in this Agreement which obligates WebSouls to keep customer's information as confidential. WebSouls is fully absolved of any and all responsibilities in this regard. Nonetheless, WebSouls, in good faith, shall endeavor that any information of the Customer, to which WebSouls gets acquainted shall not be shared with any other party, except in the following circumstances i.e. where the Customer information available to WebSouls may be shared or disclosed with third parties, without seeking prior consent of the Customer (i) to the courts of law, (ii) to law enforcement agencies (iii) to WebSouls's affiliates, sister concerns, subsidiary or holding entities; (iv) to such other entities, service providers, technical experts, or contractors, who may require the information for the purposes of carrying out any maintenance work at WebSouls's Systems, or for improvement or upgradation of thereof.

6.9 The Customer also agrees that the information mentioned above, if mis-used by the entity to whom the information will be shared in bona fide, WebSouls shall not be held responsible in such regard, irrespective of whether the information was shared by WebSouls intentionally or not.

6.10 The Customer accepts that the WebSouls shall be entitled to record/store all communication made by the Customer for future reference and for the purposes of improvement in quality.

6.11 In case the Customer is a juridical entity, the Customer represents that it has full authority to enter into agreement with WebSouls, avail Services, and is obliged to make payments in lieu thereof.

6.12 Nothing in this Agreement, entitles the Customer or his agents, to visit, inspect or evaluate the facilities, Systems, or environment of WebSouls that are used for provisioning of Services.

6.13 The Customer in using/utilizing the Services and throughout the duration of this Agreement, shall always comply with the Applicable Laws. In case the Customer breaches his obligations and representations made herein, WebSouls shall be entitled to immediately disconnect and/or stop the Services without prior notice, and to immediately terminate this Agreement, without prejudice to the rights that may be available to WebSouls under this Agreement or in law.

6.14 To provide the Services and/or carry out the Support, maintenance or any other activities at the System, the Customer hereby authorizes WebSouls and its staff to access Customer’s hardware, software, platform or environment and perform any operation required in connection therewith.

6.15 The Customer shall at all times follow the instructions of Websouls in using the Service(s) or Support or other general instructions provided by Websouls from time. In case the Customer fails to comply with said instructions, or performs any activity on his own volition, without expression written permission of Websouls, including but not limited to, scripting, coding, or installation of third-party applications etc., which leads to adversely affecting the quality/uptime of the Service(s), or any temporary or permanent damage in Software or Hardware, or any other loss of the Customer, then WebSouls shall not be held responsible, of any consequences.

6.16 WebSouls may, in its sole discretion, remove any item of User Content (posted on a website hosted by WebSouls) and/or terminate a Customer’s access to the Services, in case the Customer posts or publishes any material in violation of this Agreement, or otherwise violates this Agreement.

7. FORCE MAJEURE

7.1 The WebSouls shall not be liable, legally or financially, and in any other manner whatsoever, and shall remain relieved of all obligations towards the Customer or towards any other party indirectly or vicariously, whether the claims against WebSouls are in law, in contract, in tort, or in equity or otherwise, in the following circumstances, where WebSouls fails or delays to perform, wholly or partly, under this Agreement: -

7.2 due to any legal, procedural or administrative impediment including a statute, an injunctive order, or intervention of governmental functionaries; or

7.3 due to reasons of force majeure, which include but are not limited to, acts of God, natural calamities, earthquake, storms, floods, epidemic, pandemics, etc., or war, embargo, blockages, strikes, riots, boycotts, lockouts, fire, explosion, outage of electricity, water, or utility services etc.; suspension, termination or withdrawal of authorization, or failure of renewal or continuation of tele-communication and transmission networks, cellular coverage, or any other circumstances beyond WebSouls's reasonable control including scheduled or unscheduled suspension, termination or maintenance (whether corrective or preventive) of those services which are provided to WebSouls and on the basis of which WebSouls renders its Services to the Customer; or

7.4 due to any technical fault in the hardware, software, applications, platforms or any other element of the environment which is deployed to provide Services to the Customer, due to any reason foreseeable or not, or bona fide negligence, omission or mistake by the relevant staff of WebSouls; or

7.5 due to cyber-attacks, viruses, phishing, SPAM, glitches, or any other unauthorized or illegal activities performed at the system of WebSouls; or

7.6 due to mistaken disclosure of Customer's information to any third party; or

7.7 In any of the events mentioned above, or enumerated in the AUP from time to time, or any other of like nature which are not stipulated here, the Customer or any other affected party shall himself be solely and exclusively liable to make best efforts to mitigate and control its losses of all types till such time the abovementioned reasons cease to exist and Services are resumed.

7.8 In case the above mentioned reasons continue or last for more than thirty (30) days the contractual agreement between WebSouls and the Customer shall be automatically terminated without any notice or a formal communication to be exchanged between the Parties, without any liability accruing against WebSouls.

8. GENERAL

8.1 No sub-licensing: Unless otherwise agreed/allowed by Websouls, vide terms and condition for any specific Service(s) The Customer shall in no case be entitled to sub-license, or further sell, provide or lease the Services to any other person or entity whether in lieu of any consideration or otherwise. In case WebSouls finds out such un-authorized provision of Services by Customer, WebSouls shall be entitled to immediately terminate this Agreement and provision of Services and shall also be entitled to make a claim against Customer. Such claim shall include the amount of value and profit by which the Customer deprived WebSouls as well as penalty to the extent of three times of such value, which shall be worked out by WebSouls in its sole discretion in accordance with the prevailing rates at the relevant time.

8.2 Limitation of Liability: In the event where the Customer may be dissatisfied with the Services, Support or any aspect of performance by WebSouls under this Agreement or any other legal instrument covering the provision of Services to the Customer, it is agreed that the Customer has no right, and shall not assert any right, to make any claim of any nature whatsoever, against WebSouls, whether in contract, in law, in equity, or otherwise, including any claims for negligence, part-performance, delayed performance of complete failure to perform. WebSouls, in this regard, shall NOT be liable towards the Customer for return or refund of fees, costs, charges, compensation, indemnification or reimbursements, or payments in cash or in kind, or for any inconvenience, damages of direct or indirect, general or special, punitive, consequential, incidental or remote nature, loss of profits, business, data, business interruption, loss of customers and clientele, that might have incurred to the Customer directly or indirectly or vicariously. In this clause the expression WebSouls includes all employees, staff, officers, managers, supervisors, workers, directors, partners and shareholders of WebSouls and of its affiliates. Furthermore, the WebSouls shall not be liable to the Customer or any other entity for any direct, indirect, incidental or consequential damages resulting from (i) personal injury or property damage of any sort, (ii) any kind of conduct by the third-party, (iii) any unauthorized access to or use of WebSouls’s servers (iv) any User Content or content that is defamatory, abusive, harassing, harmful to minors, x-rated, pornographic, obscene, or otherwise objectionable in any way. However, in case if the Customer's business relationship with WebSouls is older than 12 months, and he has suffered any inconvenience due to any acts/omissions of WebSouls, then WebSouls in its sole discretion, without being obligated, may decide to make any discount, rebate or refund to the Customer, the value whereof shall at maximum (but not in every case) could be up to 15%.

8.3 Fair Usage: Shared hosting shall not be used by any Customer as dedicated to him only, and the Customer shall not be allowed to use hosting space as storage space, as it is not financially viable for Websouls to host such accounts. Likewise, if a Customer acquires web designing and development services, and having made partial payments, stays out of contact for more than [3] months, Websouls shall become entitled to delete the backup of partially or completely developed/designed website's, without incurring any financial or other liability towards such Customer. If such Customer returns after the aforementioned period, he will be obliged to re-enter the agreement by paying the entire price, fees, charges etc., afresh, at such rates as would be applicable at the time of his return.

8.4 Insurance: The Customer agrees, that he has made/will make requisite arrangements for insurance to cover himself against any loss and damages that may arise due to suspension, termination, or deterioration of Service quality by WebSouls, for any reason whether mentioned herein or not, and in case of any loss or damage (of nay nature whatsoever) the Customer shall seek compensation from the insurer and not from WebSouls.

8.5 Recitals, Headings and Annexes: The recitals and annexes (or schedules/accompaniments) are integral parts of this Agreement and Headings are only for the purpose of convenience of drafting. Unless otherwise provided, all provisions of this Agreement shall be construed in harmony with each other, without any preference or priority.

8.6 Contact Details: WebSouls shall make contact with the Customer on the latest contact information provided to WebSouls. It shall be the Customer's obligation to create his profile with Websouls, using Customer's account and antecedents and logging on to Websouls' online platforms such as [Websouls to add], or any other platforms that Websouls shall use in future, and provide all information in the required fields. In addition, the Customer shall be obliged to immediately update and inform WebSouls in case of any change in particulars of the Customer. All communication with the Websouls shall be made in writing addressed to the designated person otherwise communication shall not be considered as valid unless there is a written confirmation from WebSouls. The Customer shall make contact with WebSouls on such details as shall be provided on the URLs and other online/offline platforms of WebSouls.

8.7 Immediately after acquiring any Service(s) from Websouls, it is advised mandatory for the Customer to log on to the relevant online platforms of Websouls, and using the particulars of Customer's account, update his profile. Thereafter, whenever any information about the Customer will change, it shall be mandatory for the Customer to update his profile accordingly. For the sake of reference the required information and online platforms of Websouls are mentioned below:

Required Information:

Email ID

Mobile Number

Websouls Online Platforms:

Websouls.com website

Websouls Client Area

8.8 Term and Renewal: This agreement does not require any renewal, however where Services or any licenses are acquired by the Customer which are time-specific, it shall be Customer's own obligation to make a renewal request in writing to the designated staff of WebSouls. Such request shall not be considered valid, unless accepted by WebSouls in writing at least one-month before the expiry date of Services or licenses. Any renewal so requested by the Customer shall govern such additional terms and condition, including those related to payments, as shall be applicable at the time of renewal. Nothing herein shall be deemed to give any implied consent that terms and conditions applicable prior to renewal shall also apply to the renewed Services or licenses.

8.9 Suspension and Termination: WebSouls shall always be entitled to suspend and/or terminate, in whole or in part, the Services or this Agreement, without giving prior notice to the Customer, in following circumstances: (a) where Customer fails to make full and timely payments as required in the relevant invoice(s); where the Customer is found to make irregular, inconsistent or incomplete payments; (c) where the Customer is found to be in breach of any obligation provided hereunder; or (d) where WebSouls advises the Customer to take any step, provide any information, or do anything for smooth provision of Services and the Customer fails to do so; or (e) where WebSouls has to carry out any activity to maintenance, repair, upgradation or any other activity of similar type at its System; f) if the Customer uses the Services in a manner that is illegal, or encourages illegal activity including but not limited to phishing, copyright infringement etc.; or (g) if the Customer engages in, promotes or encourages exploitation of children, or any activity related to the proliferation of child sexual abuse; or (h) encourages, promotes, or engages in terrorism or violence against people, animals or property in any way; or (i) encourages, promotes or engages in spam activity, or computer or network hacking, or other unsolicited bulk email; or (j) violates the Applicable Law in any way; or (k) interferes with the operation of the Services; or (l) installs or transmits any viruses, worms, bugs, or other code, files or programs designed to limit the functionality of the Services or any software or hardware; or (m) contains deceptive language or any false, unsubstantiated or comparative claims regarding WebSouls or WebSouls’s services. In case of any other eventuality, which is not expressly listed hereinbefore, but if found akin thereto, Websouls retains a unilateral right to suspend or terminate the Service(s). In addition if court of competent jurisdiction, any law enforcement agency or a data center requires the Websouls to suspend or terminate any Service(s), delete any Customer account, or block certain web pages, or other directions that may affect the provision of Service(s), and following such directions Websouls takes any steps leading to the suspension or termination of Service(s), it shall not entitle the Customer to raise any legal or financial claim against Websouls.

8.10 In the event the Customer intends to permanently discontinue the use of Services and stop receiving the invoices, the Customer shall give a written notice of termination at least thirty (30) days prior to the intended date of termination. Subject to the receipt of such notice from Customer, WebSouls shall stop providing services on the 30^th day of receipt of notice and the Customer shall be liable to pay Fees and other payments till the last day of Services.

8.11 Amendments: This Agreement shall remain subject to amending, modifying and varying terms and conditions as part of AUP without prior consent of or notice to the Customer and the applicability of amended/modified terms shall run from the date when notified/published at WebSouls's websites and connected URLs, or as specified in the notifications. The Customer understands that it shall be his responsibility to check, from time to time, the updated/amended terms and conditions, and that the Services provided hereunder shall be accepted on "as-is where-is" basis. In case of any ambiguity the Customer can always contact WebSouls for clarification etc.

8.12 Severability: Where any clause(s) of this Agreement is held, by a court of competent jurisdiction, through a final judgment, to be illegal or invalid, the rest of the Agreement shall continue to remain in force, and such invalidated clause shall be replaced with an alternate clause to serve the same purpose, as nearly as may be possible, within the legal mandate.

8.13 Specific Terms: Apart from these General Terms, where applicable, the provision of Services and rights and obligations of the Parties shall also be governed by certain specific terms and conditions that may be specific to the type of Services availed by the Customer. Such additional/specific terms and conditions shall also be integral part of this Agreement and in case of any conflict between these General Terms and Specific Terms, the latter shall prevail. However, for interpreting general rights and obligations of the parties, the provisions of these General Terms shall apply. The Specific Terms shall also be subject to change, variation, amendment and modification from time to time, in sole discretion of WebSouls and without prior notice to the Customer, subject to their publishing/notification on WebSouls's websites or affiliated URLs.

8.14 Disaster Recovery: The Customer agrees to back-up all of his User Content (the application code, the data he has created or stored on his web pages) so that it can be accessed and used when needed. WebSouls does not warrant that it backs-up any user related data or User Content (unless otherwise stated in an Agreement upon the time of purchase of Services), and the Customer accepts the risk of loss of any or all of the User Content. The Customer shall be solely responsible for any and all of his/her User Content that is submitted through the Customer’s account, and the consequences of distributing or publishing it.

8.15 IT Security: The Customer expressly acknowledges that Websouls provides security features and functionality that the Customer can use to protect its personal data. However the Customer is solely responsible for taking appropriate risk-based steps to protect the security of Customer’s account and its personal data. This includes using security features, procedures and functionality provided by Websouls. The Customer also is solely responsible for ensuring that all content that he places or causes to be placed within the Services is free of vulnerabilities that could result in the compromise of Customer Personal Data and Websouls’ systems, including but not limited to malicious software. Websouls is not responsible for backing up Customer Personal Data.

8.16 The Customer must notify WebSouls immediately in case of any breach of security or unauthorized use of the Customer’s Account. WebSouls shall not be held liable for any loss that may incur due to unauthorized use of the Customer’s account. The Customer may, however, be held responsible in case WebSouls or others incur any loss or damage caused by the Customer’s Account, whether caused by the Customer or by an unauthorized person.

8.17 Websouls takes reasonable efforts to protect the data of its Customers but is not responsible for any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to ‘personal data’ of the Customers that does not result from a compromise of Websouls’ systems. For example, Websouls is not responsible for Customer’s failure to maintain the secrecy of its passwords, downloading of malicious content, or any other security vulnerability caused by or introduced into the Services and Customer’s hosted environment by Customer.

8.18 Websouls uses commercially reasonable efforts to notify Customer of a breach of security of Websouls’ systems leading to the accidental or unlawful, destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data and takes appropriate, risk-based steps that are reasonably necessary to contain, mitigate, and remediate the adverse effects of said instances.

8.19 Inspection: In case WebSouls is suspicious about any unauthorized activity by the Customer it shall always have an overriding right to inspect the software, hardware, platform, or premises of the Customer, where in the opinion of WebSouls, the suspicious activity may have been performed. In such event, the Customer shall be under obligation to provide all relevant information an access to WebSouls.

8.20 Electronic Signature: The Parties acknowledge the full legal force and validity of documents executed by a Party using electronic signatures under such electronic signature systems as WebSouls may propose or recognize.

8.21 Waivers: No liability of the Customer shall be deemed as waived-off merely because WebSouls has delayed or failed to take action for its enforcement. The Customer shall be relieved of his obligations only when WebSouls expressly in writing waives such liability of Customer and corresponding right of WebSouls.

ACCEPTABLE USE POLICY FOR WESOULS SERVICES