erms and Conditions of eCount - Cloud
Effective Date: [Insert Date]
These Terms and Conditions apply to all interactions, services, and agreements between eCount - Cloud (referred to as "we," "us," or "our") and its customers (referred to as "you" or "Customer"). By using our services, you agree to comply with the terms outlined below.
1. General - Scope of Application
1.1 These Terms and Conditions apply to all business relationships between eCount - Cloud and the Customer. They form an integral part of all contracts and remain applicable to future services unless otherwise stated.
1.2 The terms and conditions of third parties are not valid unless expressly accepted by us in writing.
1.3 eCount - Cloud reserves the right to modify these Terms and Conditions, including prices and system policies, with prior notice provided via the Customer's registered email or account.
1.4 Employees and third parties acting on our behalf are not authorized to make verbal agreements that deviate from these Terms and Conditions.
1.5 Specific terms may apply to domain-related contracts, available at [Insert Relevant Link].
2. Contract Conclusion, Duration, and Termination
2.1 A contract is formed when the Customer submits an order, accepts these Terms, and eCount - Cloud confirms acceptance within five business days.
2.2 All offers are non-binding and subject to change.
2.3 Customers must provide accurate and up-to-date account information and notify us of changes within 14 days.
2.4 Contracts are indefinite unless specified otherwise.
2.5 Either party may terminate the contract with 30 days’ notice before the end of a month. Termination must be communicated via email, fax, or account portal.
2.6 eCount - Cloud reserves the right to terminate the contract without notice for violations, non-payment, or misuse of services.
2.7 Transfers of contractual rights to third parties require prior written approval from eCount - Cloud.
3. Scope of Services
3.1 The scope of services is defined by the product descriptions valid at the time of the order.
3.2 For domain registrations, eCount - Cloud acts as an intermediary but cannot guarantee the availability or allocation of specific domain names.
3.3 eCount - Cloud ensures a 99.9% annual average network uptime at our data centers.
3.4 Services provided for free may be discontinued or charged with prior notice.
4. Payment Terms
4.1 Service charges are as listed on our website and include applicable taxes.
4.2 Invoices are issued monthly, quarterly, or annually as per agreement and payable via the Customer's chosen payment method.
4.3 Late payments may incur interest as per the prevailing legal rate.
4.4 Customers are responsible for fees incurred through third-party services or compliance with export and import regulations.
5. Data Security and Customer Responsibility
5.1 Customers are responsible for securing their data and managing their servers appropriately.
5.2 Misuse of services, including spam, DDoS attacks, or unauthorized activities, will result in immediate termination.
5.3 Data backups are the Customer’s responsibility and must be maintained independently of eCount - Cloud's infrastructure.
6. Data Protection
6.1 eCount - Cloud adheres to the GDPR and other applicable data protection laws. For details, refer to our Privacy Policy.
6.2 If processing third-party personal data, Customers must comply with data protection laws and inform eCount - Cloud of such processing.
7. Use by Third Parties
7.1 Customers may grant third parties limited usage rights but remain solely liable for all contractual obligations.
7.2 Any misuse by third parties is the Customer's responsibility, including indemnification for damages.
8. Service Usage Guidelines
8.1 Customers must comply with legal and contractual obligations, including intellectual property, data protection, and competition laws.
8.2 Publishing prohibited or offensive content (e.g., obscene, defamatory, or extremist material) is strictly forbidden.
8.3 Spam emails, false sender data, or unauthorized activities such as cryptocurrency mining are prohibited and may lead to account termination.
9. Liability
9.1 eCount - Cloud is not liable for indirect damages, including loss of profit, unless caused by intent or gross negligence.
9.2 Customers are responsible for damages resulting from breaches of contract, including third-party claims.
10. Cancellation Policy
10.1 Customers may cancel their contracts within 14 days of acceptance. Cancellation requests must be submitted via email, fax, or account portal.
10.2 Refunds for canceled services will be processed within 14 days, excluding charges for services already rendered.
11. Dispute Resolution
11.1 Any disputes arising from these Terms will be governed by Indian law, with jurisdiction in Rajkot, Gujarat, India.
11.2 Alternative dispute resolution mechanisms may be pursued where applicable.
12. Final Provisions
12.1 These Terms constitute the entire agreement between eCount - Cloud and the Customer.
12.2 If any provision is deemed invalid, the remaining provisions remain enforceable.
Contact Information
eCount - Cloud
Pwtech Office
Office No: 219, Jasal Complex, Near Nanavati Chowk,
Rajkot, Gujarat, 360005 - India
