This Service Agreement governs your purchase and use, in any manner, of all Business Services, ordered by you and accepted by dhiyam.com [hereafter referred to as Dhiyam] and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Dhiyam reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to either existing or future customers. Dhiyam may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Dhiyam posting of any changes or modifications will constitute your acceptance of such changes or modifications.
Dhiyam has clearly given the services that are offered in their website and customers are advised to opt or choose a plan that fits their requirement. The term “Dhiyam” or “us” or “we” refers to Dhiyam and “company” or “user” or “customer” refers to the customers. To be clear on the services the term “services” refers to the support services that we render and other respective services as opted by the customer. All services provided by Dhiyam may only be used for lawful purposes.
Dhiyam strives to maintain a high-level of service, and many of our customers are satisfied and depend on our high standards of quality. As such, we will not provide services to those that are using our services for any unlawful activities and if found so will result in service termination and legal proceedings.
We will not support servers hosting the following content.
• Adult/porno related content (even legal ones are not allowed at all)In this section Dhiyam intends to state the contents with two main categories as:
• Response timeResponse time is defined as the initial response recorded on the ticket, which provides the customer with a status update and or response. Dhiyam agrees to provide a guaranteed response time of 1 hours for all support tickets, though the average response time is 30 mins (Thirty Minutes) for most of the tickets. Refunds / credits will be provided at the sole discretion of Dhiyam, if found to be in violation of terms listed. Exceptions due to causes beyond the control of Dhiyam will not be considered sufficient grounds for refunds / credits.
Resolution time is defined as the time elapsed between the actual reporting of the problem and the resolution of the problem. Resolution times may vary based on the complexity of the issues and the number of active tickets on the helpdesk. Dhiyam agrees to provide a guaranteed resolution time of 8 hours for all support tickets, though the average resolution time of 4 hours (Four Hours and varies depending on the complexity of the issue) for most of the tickets.Refunds / credits will be provided at the sole discretion of Dhiyam, if found to be in violation of terms listed. Exceptions due to causes beyond the control of Dhiyam will not be considered sufficient grounds for refunds / credits.
Sales, billing, or any other non-support related issue is not covered under our Response and Resolution time guarantee.
We do not provide any instructions on how to do technical work yourself or how any technical work was done, including but not limited to a list of steps, copy of the commands used, ssh session transcript, graphic/text screenshots, history recording, etc.
The customer agrees to indemnify and hold harmless Dhiyam from any claims resulting from the use of our services. Customer agrees that it will protect, assure, save and hold Dhiyam Technology Services. harmless from any and all provisions, liabilities, losses, expenses and claims, as well as reasonable legal representative fees assessed against Dhiyam Technology Services , its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees or assigns. Customer agrees to defend, assure and hold Dhiyam Technology Services. harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Dhiyam Technology Services’ Services; (2) any material furnished by customer breaching on the proprietary rights of a third party; (3) copyright violation and any defect sold to a customer from Dhiyam Technology Services.
We have zero tolerance for abusive language and/or abusive behaviour towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.
In this section we would like to stress on the negative feedback. Customers are advised to deal with Dhiyam and its representatives first for any lacklustre in service is shown. Rather than posting any negative feedback in any of the public location we strongly advise customers to deal with us and not to take it outside which might bring disrepute to Dhiyam and this might lead to waive all your privacy as we got to defend our self. We would also like to stress that we respect all our clients equally and will assure that any sort of complaints can be dealt between us rather than creating a pandemonium in the public. We have a zero tolerance policy for such actions as this will affect the rapport between Dhiyam and the customer. It is also stressed here that Dhiyam will see to satisfy its customer for any of the services that the customer has opted for to the very extreme end of satisfaction. Posting negative feedback on any public location about our company and/or our employees before submitting a ticket to our Quality Control department to discuss your issue will result in immediate account termination without any refund.
No Party shall be liable for any failure to perform its obligations where such as failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not),civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service], and no other Party will have a right to terminate this Agreement.
Guarantee of refund and customer satisfaction are highlighted in this part of the TOS.
We offer you a 30 Day Money-Back Guarantee on all Plans provided by Dhiyam. And here is how our cancellation policy works. It is very simple. If you cancel your account we will provide you with a full refund for the remainder of your term, excluding any setup fees that were charged when you signed up. Only one (1) refund per customer or affiliate thereof will be honoured. (For example, if you signup and request a refund, and then signup at a later date, the money back guarantee does not apply.) The money back guarantee only applies to work performed on one (1) server IP address. (For example, if you sign up with 2 or more server IP addresses, and request a refund within the first 30 days, only the amount paid for the 1st server IP will be refunded). Refund cannot be done for Server Migrations and Core Security updates that are performed on the server. In certain instances at our sole discretion, we reserve the right to delete, remove and/or undo any work that was performed on your server(s) during the period in which a refund is or was requested and/or given. Refunds of any kind for any reason may take up to 30 days from the time the refund is requested or offered for processing.
Dhiyam provides its customers 100% customer satisfaction on its server management and monitoring services. Customers who are not completely satisfied with our services within the first 3 technical support requests or first 30 days of using our service (whichever be the earliest) from the date of signup will be given a full refund of the amount paid. This guarantee applies only to first time customers, hence any customer uses our services and cancels and again signs up with us at a later date, the so called customer satisfaction guarantee are not applicable.
Payment for services must be received no later than 3 days after the first day of the renewal cycle. (For example, if your renewal date is on the 1st of each month, payment must be received no later than the 4th of each month.) If payment is not received within this time frame, services may be suspended. If payment is not received within 7 days after the first day of the renewal cycle, services may be terminated.
Disputes on part of the payments have restrictions. All payments after the first month of service Dhiyam Technology Services. are non-refundable, despite the usage or reason. Any discrepancies found in billing must be reported within 60 days. If you dispute a charge to your credit card issuer that, at Dhiyam Technology Services sole discretion is a valid charge under the provisions of our TOS, you agree to pay Dhiyam Technology Services an “Administrative Fee” of $100 per dispute. All unpaid debts and dispute fees may be sent to credit collection agencies.
According to the original term of this agreement, it shall remain effective until either party receives written notice of the desire to terminate the validity of this agreement and / or the contracted services. Either party will provide a written notice with a 30-day notification, of the cancellation and the reason for cancellation, if required by either party. Upon termination of this agreement, Dhiyam shall be paid for all partial periods of service (if any), in full, or as demanded by Dhiyam, prior to the date of service termination.
Dhiyam Technology Services reserves the right at its sole discretion to refuse or cancel service. Violation of any of Dhiyam Technology Services Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.
The terms of service till now might have been easily understood and at this point it must also be noted on some legality on the Disclaimer. By getting some expert advice from our legal advisors while dealing in disclaimer we have been advised to retain its legality. Dhiyam EXPRESSLY DISCLAIMS 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. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Dhiyam MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. DHIYAM DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
This is another section that has to retain its legality. Simply stated, what this section is saying is that if something goes wrong, Dhiyam, cannot be held liable for it. IN NO EVENT SHALL DHIYAM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES,INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF DHIYAM. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any provision herein to the contrary notwithstanding, the maximum liability of Dhiyam Technology Services to any person, firm or corporation whatsoever arising out of or in connection with any license, use or other employment of any service delivered to Customer hereunder, whether such liability arises from any claim based on breach of contract or otherwise, shall not exceed the actual price paid to Dhiyam Technology Services. by Customer for thirty (30) days of service whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of Dhiyam Technology Services arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the license of the services and documentation and any services rendered hereunder and that, were Dhiyam Technology Services to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
All written, electronic and verbal information provided by company in connection with the execution of this agreement and the contracted services, is considered proprietary information of Company (Service Buyer) and will be kept confidential at all times and under all circumstances and will not be shared by Dhiyam or its associates, except when required by law to comply with, or required to assist, the law enforcing agencies. Any information provided by Dhiyam, be it procedures of resolution and / or proprietary technical data, shall remain confidential at all times and should not be distributed, copied, sold or published, for profit or otherwise, without the written consent of Dhiyam. Dhiyam agrees to be bound by the same terms agreed herein, when dealing with the information and / or data and / or password provided by the company (Service Buyer).
The laws of India will govern this Agreement. Disputes if any which arises based on the TOS will be preceded under the Indian government law and its jurisdiction and the venue over any dispute arising out of this agreement will be Coimbatore, India. This agreement becomes effective once you submit your order/sign up with us for choosing any of the services that we offer.
Dhiyam advocates a strong policy for copyright. Dhiyam has come up with a policy that if the users are found to be infringing the copyright it might lead to the suspension or termination of user accounts and services that has been rendered to them with immediate effect. Dhiyam also agrees to be bound by the same terms.
The remaining provisions of this Agreement shall be considered valid and enforceable, in the event of one or more such provisions being held invalid and unenforceable. If any such provisions are to be held valid by a court of law, with certain limitations imposed, then those terms shall be deemed to be valid, with those limitations imposed.
It is hereby indicated that these terms of service of Dhiyam might change from time to time due to our evolving business, and the changing nature of the web hosting support industry. New customers and existing customers must have the responsibility to check TOS from time to time and abide by what is given there failing to which will lead to the cancellation of services that is rendered to them. We will post the changes here, and your continued use of the service means you accept the changes we have made.