Terms & Conditions
Globus Digital Marketing Hosting Services Terms and Conditions
Where the context admits: “We”, “Us”, “Our”, “Globus Digital Marketing Hosting”, includes Globus Digital Marketing Hosting. or any party acting on Globus Digital Marketing Hosting. implicit instructions. “You” includes the person purchasing the services or any party acting on the customer’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” the relevant domain names Registry. “Server” means the computer server equipment operated by us in connection with the provision of the Services. “Website” means the area on the Server allocated by us to you for use by you as a site on the Internet. “Network” means the computer equipment owned and operated by us. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1. Domain Name Registration
1.1. Globus Digital Marketing Hosting makes no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them.
1.3. You shall have no right to bring any claim against us in respect of any refusal to register a domain name by the relevant registration authority.
1.4. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the Registry to register your desired name.
1.5. We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant Registry but will not be obliged to take part in any such dispute.
1.6. We shall not release any domain to another provider unless full payment for that domain has been received by us.
1.7. We shall not release any domain to another provider within the first 60 days of registration, transfer, or renewal. The Admin Contact Email Address may also be set to our own during this time.
1.8.1. You have up to date and valid payment details stored
1.8.2. You did not cancel the domain auto-renewal feature in your Domain Manager or be pending transfer to another registrar
1.9. If auto-renewal is enabled for a domain, you acknowledge that Globus Digital Marketing Hosting shall take payment for renewals up to 8 days in advance of the renewal date, in order to avoid any possible delays and ensure payment is delivered before renewal expires.
1.10. The renewal of .eu and .de domain name registrations MUST be explicitly made by the 14th day before the expiration date of the domain name’s registration period. After this date .eu domain names can NOT be renewed. Globus Digital Marketing Hosting can not be held liable if you fail to renew the registration domains in accordance to this condition.
1.11. Following the expiration date, a domain name may enter a Grace Period and/or Redemption Period.
1.12. Redemption fees may apply to renew domain name registrations that are not renewed before the expiration date of the domain name’s registration period.
1.13. Globus Digital Marketing Hosting can not be held liable for any loses incurred as a result of failure to complete or renew the registration of a domain name, either by yourself or on the part of Globus Digital Marketing Hosting.
1.14. If Globus Digital Marketing Hosting does not receive the renewal fee within the grace period, then Globus Digital Marketing Hosting’s agreement with you for that domain name will terminate immediately and without liability to Globus Digital Marketing Hosting.
1.15. If Globus Digital Marketing Hosting does not receive the renewal fee for the domain name within the grace period, you acknowledge that Globus Digital Marketing Hosting may at its sole discretion, change the contact details of the domain name and auction the domain name.
1.16. REGISTRATION/RENEWAL FEES FOR DOMAIN NAMES IS NON-REFUNDABLE, ONCE THE DOMAIN NAME REGISTRATION/RENEWAL HAS BEEN SUBMITTED TO THE RELEVANT REGISTRATION AUTHORITY.
2. Hosting, Databases, Backups & Storages, Email Services, SSL Certificates, Cloud and Dedicated Servers
2.1. Globus Digital Marketing Hosting provides World Wide Web page hosting service. Globus Digital Marketing Hosting reserves the right to suspend or cancel a customer’s access to any or all services provided by Globus Digital Marketing Hosting when Globus Digital Marketing Hosting decides that the account has been inappropriately used or otherwise.
2.2. Globus Digital Marketing Hosting makes no representation and gives no warranty as to the accuracy or quality of the information received by any person via the Servers, and we shall have no liability for any loss or damage to any data stored on our Servers.
2.3. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
2.4. You represent, undertake and warrant to Globus Digital Marketing Hosting that you will use the Service allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that: –
2.4.1. You will not use the Servers in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
2.4.2. You will not upload, post, link to or transmit: –
126.96.36.199. Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
188.8.131.52. Any material containing a virus or other hostile computer program.
184.108.40.206. Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trademark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
220.127.116.11. Any file that you do not own the copyright to in the first person, including but not limited to; music files, mp3’s, video files, movies, games (including mods, patches, and add-ons), software, and shareware.
18.104.22.168. Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
22.214.171.124. Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Globus Digital Marketing Hosting.
126.96.36.199. Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, and encrypting of any of the above. Also includes any sites which provide ‘links to’ or ‘how to’ information about such material.
188.8.131.52. Any material which is forbidden by our Acceptable Use Policy.
2.5. You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
2.6. Any file you store on the Server will be reachable via a hyperlink from a page on your site.
2.7. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
2.8. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server, which is detrimental to our other customers.
2.9. You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.10. You shall ensure that all web applications and scripts that you run on our servers that send email are adequately protected from malicious abuse, both from website visitors, remote submission, and automated spam programs.
2.11. Globus Digital Marketing Hosting Forums Hosting Packages are for the exclusive hosting of Globus Digital Marketing Hosting Forums ONLY. You will not host other files, web pages, applications, programs, or scripts on the Community Hosting Packages.
2.12. In the case of an individual user, you warrant that you are at least 18 years of age and if the user is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
2.13. Any access to other networks connected to Globus Digital Marketing Hosting and our agents must comply with the rules appropriate for those other networks.
2.14. While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2.15. Your Data on the Server may be accessed from time to time by Globus Digital Marketing Hosting when it is deemed necessary. Times include, but not limited to, providing support for customers, maintaining service levels, when a breach of Service Terms is suspected or reported, when Copyright, Trademark Infringement, or illegal activity is reported to Globus Digital Marketing Hosting.
2.16. Globus Digital Marketing Hosting reserves the right to remove any file on the Server where we believe that said file or files are not permitted under these Terms and Conditions.
2.17. When you use the Server to store or process your personal data (including customer’s or user’s data), you will ensure that such data is adequately protected using strong encryption.
2.18. Globus Digital Marketing Hosting is unable to guarantee the integrity of our backups or that we will be able to recover all or any data in the event of a data loss. We strongly recommend that you maintain your own independent backups of all data stored on our Network.
2.19. If your Service includes Backups, when you erase data from our ‘live’ Servers, it is not erased immediately from our Backup Systems due to the technical mechanisms. The data held on Backup Systems will be put ‘beyond use’ and overwritten in line with our established schedule of no more than 30 days.
2.20. Where a migration service is offered to move your website from another provider, the first hour is included for free, after which the Service becomes chargeable at $44.95 + TAX per hour, once customer permission is given to proceed.
2.21. FEES FOR SSL CERTIFICATES ARE NON-REFUNDABLE, ONCE THE SSL CERTIFICATE HAS BEEN ISSUED.
3.1. Globus Digital Marketing Hosting does not authorise the use of its computer systems to transmit or distribute bulk-email, whether opt-in or otherwise.
3.2. The use of our network to send unsolicited email, otherwise known as spam, is strictly forbidden.
3.3. You will keep mailbox password confidential, and change passwords frequently using strong passwords. Globus Digital Marketing Hosting is not responsible for any data losses or security issues due to weak or stolen passwords.
3.4. We monitor our Mail Servers and email which pass through our servers as a whole but not individual mailboxes.
3.5. Our Mail Servers have Greylisting enabled to prevent spam. Greylisting is actiTAXed when the spam filters identify an email as spam or sent from a known spam source.
3.6. We monitor and run anti-spam software on inbound email to our Mail Servers. Globus Digital Marketing Hosting reserves the right to reject any email determined to be spam.
3.7. We monitor and run anti-spam software on the outbound email sent from all mailboxes. Globus Digital Marketing Hosting reserves the right to mark or delete any email determined to be spam.
3.8. We run anti-virus software on all email which passes through our mail servers. Globus Digital Marketing Hosting reserves the right to delete any email which is flagged by the anti-viruses software as being infected or containing one or more virus signatures.
3.9. You will scan your incoming email to and from your systems for viruses. We do scan your email for viruses, but we cannot guarantee that your email will be virus free and shall not be held liable in the event any of your systems become infected with a virus as a result of using our services.
3.10. Globus Digital Marketing Hosting policy on maintaining stable data-transfer levels includes a deletion process for email that has not been downloaded locally within 90 days for items placed in the deleted mail folders and 14 days for junk mail folders. Globus Digital Marketing Hosting cannot be held responsible for lost items that have exceeded these limits.
3.11. Globus Digital Marketing Hosting has no obligation to monitor Email Services. However, Globus Digital Marketing Hosting reserves the right to review materials sent or received by the Communication Services and to remove any materials in its sole discretion.
3.12. If we identify a mailbox or domain that is causing problems, we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate. Common issues that cause problems are: –
3.13.1. Where a mailbox receives large volumes of undeliverable email.
3. 13.2. Where mailboxes have forwarders set to other mailboxes where mail cannot be delivered.
3. 13.3. Where mailboxes have forwarders and/or auto-responders that generate circular mail loops.
3. 13.4. Where mailboxes have forwarders to other mail providers that are causing, or likely to cause, email delivery from our network to be, blocked or delayed.
3. 13.5. Where mailboxes have forwarders that are forwarding spam emails to other mail providers.
3.14. You represent, undertake and warrant to Globus Digital Marketing Hosting that you will use the email services for lawful purposes. In particular, you represent, warrant and undertake to us that: –
3.14.1. You shall not send emails or communications, which are unsolicited, offensive, abusive, indecent or obscene.
3.14.2. You shall not send emails causing annoyance, inconvenience or anxiety to another user of the Internet.
3.14.3. You shall not send emails for the purpose of Fraud and /or with the intention of committing a criminal offence.
3.15. Globus Digital Marketing Hosting reserves the right to disable, terminate or suspend services where: –
3.15.1. A significant volume of email is sent from a mailbox or mail domain in a defined time scale.
3.15.2. The sending of bulk-email or unsolicited email is detected or suspected.
3.15.3. It is reported to Globus Digital Marketing Hosting that a mailbox or mail domain has been used to send unsolicited email.
3.15.4. Break any of these Terms and Conditions or the Acceptable Use Policy (AUP).
3.16. Nothing in these Terms and Conditions is intended to grant any right to transmit or send email to, or through, the Services provided by Globus Digital Marketing Hosting. Failure to enforce these Terms and Conditions in every instance does not amount to a waiver of our rights.
3.17. Unauthorised use of the Services in connection with the transmission of Bulk Email or Unsolicited Email, including the transmission of email in violation of these Terms and Conditions, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
4.1. All accounts other than our Reseller Accounts are to be used by the primary owner only and do not allow the holders to resell, store or give away web-hosting services of their website to other parties.
4.2. If you are or become a Reseller of our Services you will continue to be bound by these terms and conditions, and you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
4.3. You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.
4.4. No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.
4.5. We authorise you to sell our services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services you provide.
5. Backup Service
5.1. Globus Digital Marketing Hosting provide a Backup Service that allows customers to store non-website files on our file storage servers. Use of this service is at your own risk and Globus Digital Marketing Hosting can not be held liable for the loss, or disclosure to unauthorised users, of any data stored on our servers.
5.2. Globus Digital Marketing Hosting reserves the right to delete any file stored using our Backup Service where we believe that said file or files are not permitted under these Terms and Conditions and suspend or terminate the account holders services.
5.3. The use of the Backup Service is for the exclusive use of our Hosting Accounts Holders only. Anonymous or public access to our Backup Service is not permitted.
6. High Resource User Policy
6.1. Resources are defined as bandwidth, processor utilization, disk space or database usage. Globus Digital Marketing Hosting may implement the following policy to its sole discretion: –
6.1.1. When the resources utilised by a customer in using a service are abnormally high, Globus Digital Marketing Hosting reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby Globus Digital Marketing Hosting continues hosting the website for an additional fee. Globus Digital Marketing Hosting reserves the right to determine what constitutes to ‘abnormally high’. Failure to comply with such measures may result in your service being terminated.
6.2. Globus Digital Marketing Hosting reserve the right to limit the time our support team spends on providing support with any customer deemed to be taking advantage of our Support Service. Globus Digital Marketing Hosting reserve the right to suspend or cancel Services if Globus Digital Marketing Hosting considers that the customer is monopolising the support teams time.
7. Globus Digital Marketing Hosting Forums™ Licence Grant
7.1. Globus Digital Marketing Hosting Hosting Customers who receive an installed Premium Edition of Globus Digital Marketing Hosting Forums for the term of their Globus Digital Marketing Hosting Hosting Package to be used on Globus Digital Marketing Hosting systems in conjunction with an active Hosting Package, and not transfer, whether whole or in part, to any other system not owned by Globus Digital Marketing Hosting. The entitlement to Globus Digital Marketing Hosting Forums Premium Edition will end at the termination of your Hosting Package.
8. Service Availability
8.1. Globus Digital Marketing Hosting shall use our reasonable endeavours to make available to you at all times the Servers and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Services.
8.2. Globus Digital Marketing Hosting shall have the right to suspend the Services provided to you at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
9.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our website and shall be due and payable in advance of provision of the Services.
9.2. Globus Digital Marketing Hosting reserves the right to change pricing at any time, although all pricing is guaranteed for the period of pre-payment.
9.3. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given at least 3 working days* before the service renewal date.
9.4. All payments must be in INR Rupees, UK Pounds Sterling, Euros, or US Dollars, paid online using the online payment systems provided by Globus Digital Marketing Hosting. Payments can only be made by a valid Credit/Debit Card or through PayPal.
9.5. All payment notifications are delivered electronically via email and are available via the Customer Client Area Account. You are responsible for checking receipt of all payment notifications and invoices. No hard copy of payment notifications and invoices will be sent by post.
9.6. Payments are taken directly from the Credit/Debit Card or other payment method registered against your account following delivery of your payment notification and will be non-refundable. In the event that any automatic payment should fail, the payment will be considered overdue and immediately payable.
9.7. Your Credit/Debit Card will be registered as a payment method against your account when; a). You signup to services with Globus Digital Marketing Hosting. b). You make a Credit/Debit Card payment to Globus Digital Marketing Hosting. c). You register your Credit/Debit Card in the Customer Client Area Account.
9.8. You authorise Globus Digital Marketing Hosting to take payments from Credit/Debit Card or other payment method registered against your account. You can view and update your registered payment method through your Customer Client Area Account.
9.9. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend or cancel the provision of Services to you. Such action is without prejudice to our right to recover any and all outstanding sums from You and your obligation to pay the same to Globus Digital Marketing Hosting.
9.10. If a payment goes unpaid for 14 days or more, a $15.00 + TAX late payment fee may be applied, and/or the account and all its associated services suspended.
9.11. Once an account has a suspended status, access to files, databases, emails, and other content is explicitly denied. All files, databases, emails, and other content including the account itself is permanently deleted 56 days (8 weeks) after failure to pay any sums due on the account.
9.12. If you wish to reactivate an account which has been deleted, then a $50.00 + TAX charge will be applied upon account reactivation to cover administration costs.
9.13. Should access to files, databases and other content be required before they are deleted, account reactivation will be required.
9.14. Globus Digital Marketing Hosting reserve the right to pass your debt onto a third party debt recovery agent and You accept all liability for the recovery of our costs from You.
10.1. Hosting services that come with a specified Bandwidth limit; If this is exceeded without prior agreement from Globus Digital Marketing Hosting, you will be billed at $9.95 + TAX for every 25,000 MB of bandwidth in excess of your specified monthly limit at the end of the calendar month in which you exceeded your accounts bandwidth limit.
10.2 Hosting services that come with a specified Diskspace limit; If this is exceeded without prior agreement from Globus Digital Marketing Hosting, you will be billed at $9.95 + TAX for every 1,000 MB of Diskspace in excess of your accounts specified limit at the end of the calendar month in which you exceeded your accounts diskspace limit.
10.3. Hosting services that come with a specified Database Diskspace limit; If this is exceeded without prior agreement from Globus Digital Marketing Hosting, you will be billed at $9.95 + TAX for every 500 MB of database diskspace in excess of your specified limit at the end of the calendar month in which you exceeded your accounts database diskspace limit.
11. If You withdraw any payments made via a bank, credit card or third party payment method (a “chargeback”), Globus Digital Marketing Hosting reserve the right to interrupt, suspend or cancel your Services and/or charge a fee. Such action is without prejudice to Globus Digital Marketing Hosting right to recover any and all outstanding sums from You and your obligation to pay the same to Globus Digital Marketing Hosting.
12. Termination and Refunds
12.1. Globus Digital Marketing Hosting shall be entitled to suspend the Services and terminate this Agreement forthwith without notice to you if you: –
12.1.1. Fail to pay any sums due to us as they fall due.
12.1.2. Break any of these Terms and Conditions, including accompanying Acceptable Use Policy (AUP).
12.1.3. Are in breach of the License Agreement for any software that accompanies or is included with your Hosting Package. This includes, but not limited to, Licenses for Globus Digital Marketing Hosting Software that are included as part of your Hosting Package.
12.1.4. Are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors.
12.2. Globus Digital Marketing Hosting need not refund or pro-rata refund service fees unless the Globus Digital Marketing Hosting Policies provide otherwise. Initiation fees, if any, are not refundable.
12.3. Globus Digital Marketing Hosting reserves the right to suspend the Services and/or terminate this Agreement at any time and without notice. In the event of the Agreement being cancelled by us, you will be entitled to a pro-rata refund based upon the remaining period of prepayment, unless your account was suspended due to a breach of any Terms and Conditions.
12.4. Where payment has been made by credit or debit card, any monies refunded will only be issued to the same credit or debit card.
12.5. On termination of this Agreement or suspension of the Services, we shall be entitled immediately to stop access to Services and to delete all data stored on our Network.
12.6. Refunds may be given at the discretion of the management; administration fees may be deducted. Where a refund has been given, we will return monies within 30 days.
13. Cancellation of Contract
13.1. Unless otherwise stated within this Agreement, you may cancel Services at any time. To do so, you must use the Hosting Account Cancellation Form located in your Client Area Account. Globus Digital Marketing Hosting will cancel the Services within three working days* of receipt of your request.
13.2. During the first 30 days of Service for Dedicated Servers and Cloud Servers, Customers are entitled to a refund of the basic Service rental fee, but not including software licensing or setup fees, should you decide to cancel the Service. No full refunds will be made if your account was suspended due to a breach of this Agreement or after the first 30 days of Service should you decide to cancel the Service.
13.3. Due to the equipment costs, there is a minimum contract term of 12 months for all Dedicated Servers. Dedicated Servers can be cancelled after the 11th month of the initial service term by providing 30 days notice. To cancel, you must use the Hosting Account Cancellation Form located in your Client Area Account.
13.4. If you are a ‘consumer’, you may have a right to cancel this contract under the Consumer Protection (Distance Selling) Regulations 2000 or similar laws amending or replacing it. The right must be claimed in writing within seven working days of the start of the services with Globus Digital Marketing Hosting.
13.5. Cancelled Services will continue to run until their next renewal date. If you require immediate cancellation of the Service and all data erased, please request this in your cancellation request.
13.6. At the end of the provision of Services, any data that you have stored on the Service will be erased from ‘live’ Servers. If your Service includes backups this data is not erased immediately due to the technical mechanisms. The data held within our Backup Systems will be put ‘beyond use’ and overwritten in line with our established schedule of no more than 30 days.
14.1. You shall indemnify Globus Digital Marketing Hosting and it’s agents and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to You and your use of the Services and the Servers including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
15. LIMITATION OF LIABILITY
15.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Globus Digital Marketing Hosting OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF INTERUPTION IN SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, ‘GLOBUS DIGITAL MARKETING HOSTING’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID FOR THE SERVICES (IF ANY) WHICH ARE THE SUBJECT OF ANY SUCH CLAIM, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ‘GLOBUS DIGITAL MARKETING HOSTING’ TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. Globus Digital Marketing Hosting IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY ‘GLOBUS DIGITAL MARKETING HOSTING’ OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SERVICES AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
15.2. IF YOU ARE A CONSUMER, THESE CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE CONSUMER LAWS. YOU MAY ASSERT SUCH RIGHTS AT YOUR DISCRETION.
16.1. Any notice to be given by either party to the other may be sent by either email, or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
17.1. In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
18. Applicable Law and Dispute
18.1. This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be England.
19.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
20. Entire Agreement
20.1. These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
20.2. Failure to enforce these Terms and Conditions and related Polices in every instance does not amount to a waiver of Globus Digital Marketing Hosting’s rights.
* A ‘working day’ is Monday to Friday 9am to 6pm and excludes public (bank) holiday dates in INDIA.
Globus Digital Marketing Hosting. RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDTIONS AT ANY TIME.
Changes to the Terms and Conditions will be announced on the ‘Globus Digital Marketing Hosting’ website. Failure to receive notification of a change does not make those changes invalid. Current copies of the Terms and Conditions will be available on this page.
By accepting these Terms and Conditions and accompanying Acceptable Use Policy you have agreed to be bound by the Terms and Conditions of the Agreement and by that any subsequent agreement or policy, and that there no circumstances where deviation from the agreed Terms and Conditions is permissible. Please beware that failure to carry out your obligations under the agreement could be seen as a breach of contract leading to termination of services provided by Globus Digital Marketing Hosting.