NISUS WEBSOLUTIONS PVT.LTD. Ahmedabad

Transcription

1 WEBSITE AND DOMAIN LEASE SERVICE AGREEMENT This Website and Domain Lease Service Agreement is between NISUS WEBSOLUTIONS PVT LTD, G-17 Swastik Super Market, Nr. Sales India, Ashram Road, Navrangpura, Ahmedabad , Here after referred to as the Lessor (Website Owner and Domain Owner, Where Domain Name Is KendriyabhandarGujarat.org) And Kendriya Bhandar Having Registered Office At Block No. 119/3, J Type, Sector 20, Gandhinagar, Gujarat Hereafter referred to as the Lessee Lessee's Name and Address: Name: Kendriya Bhandar Address: Block No. 119/3, J Type, Sector 20, Gandhinagar,Gujarat City: Gandhinagar State: Gujarat Pin code: Telephone: Fax: The Lessee, by executing this Website And Domain Lease Service Agreement, agrees to leasing the website & domain kendriyabhandargujarat.org and the ensuing 7 page website as well as 1CMS Licence Version With 4 Modules(Name of The Modules Are, Home Page, Product Page, Tender Page, Rate Contract Page) to be constructed by Lessor within 30 business days of the execution of this agreement and which will reside on kendriyabhandargujarat.org domain for a period of four year or 48 months from the date of execution of this agreement. The website will be created by Lessor for the practice area of lessee. Lessor shall develop the website content based on the Lessor's and the Lessee's knowledge regarding the practice area of Lessee. The design used for the website shall be solely Provide by the Lessee The following terms and conditions govern all use of the domain name kendriyabhandargujarat.org, kendriyabhandargujarat.org Website, one CMS (CONTENT MANAGEMENT SYSTEM) login with four module (Home Page, Product Page, Tender Page, Rate Contract Page), all content and Hosting services associated with this website. This contract does not govern the services, and product available at or through the website. Please read this Agreement carefully before accessing or using Domain kendriyabhandargujarat.org and kendriyabhandargujarat.org Website. By accessing kendriyabhandargujarat.org domain or using any part of the kendriyabhandargujarat.org Website, lessee agrees to be fully bound by the terms and conditions of this domain name and Website lease service agreement. If lessee does not agree to all the terms and conditions of this agreement, then lessee may not access the kendriyabhandargujarat.org domain and kendriyabhandargujarat.org Website or use any services. If these terms and conditions are considered an offer by NISUS WEBSOLUTIONS PVT LTD, acceptance is expressly limited to these terms. 1. Lessee s kendriyabhandargujarat.org Account and kendriyabhandargujarat.org Website: Lessee is responsible for maintaining the security of kendriyabhandargujarat.org account, kendriyabhandargujarat.org domain and kendriyabhandargujarat.org Website, and is fully responsible for all activities that occur under the account and any other actions taken in connection with the kendriyabhandargujarat.org domain name and kendriyabhandargujarat.org Website. Lessee is also responsible for posting a Terms of Service on the kendriyabhandargujarat.org Website indicating that

2 lessee assume full and all responsibility for material posted on the kendriyabhandargujarat.org domain and kendriyabhandargujarat.org Website. Lessee must not describe or assign keywords to kendriyabhandargujarat.org Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and NISUS WEBSOLUTIONS PVT LTD may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause NISUS WEBSOLUTIONS PVT LTD liability. Lessee must immediately notify NISUS WEBSOLUTIONS PVT LTD of any unauthorized uses of kendriyabhandargujarat.org domain, Lessee kendriyabhandargujarat.org account or any other breaches of security. NISUS WEBSOLUTIONS PVT LTD will not be liable for any acts or omissions by lessee, including any damages of any kind incurred as a result of such acts or omissions. 2. Responsibility of Lessee and Contributors: If lessee post material to kendriyabhandargujarat.org website, or if lessee operate a forum, blog, comment on a forum or blog, post links, audio, or video on kendriyabhandargujarat.org website, or otherwise make (or allow any third party to make) material available by means of the kendriyabhandargujarat.org Website (any such material, Content ), lessee are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, an audio file, or computer software. By making Content available on the kendriyabhandargujarat.org Website, lessee represent and warrant that: * the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; * lessee have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; * the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; * the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); * the Content is not obscene, libellous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and * lessee have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by NISUS WEBSOLUTIONS PVT LTD or otherwise. By posting or submitting Content for inclusion on kendriyabhandargujarat.org website, lessee grant NISUS WEBSOLUTIONS PVT LTD a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting lessee Website. If lessee delete Content, NISUS WEBSOLUTIONS PVT LTD will use reasonable efforts to remove it from the Website, but lessee acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, NISUS WEBSOLUTIONS PVT LTD has the right (though not the obligation) to, in NISUS WEBSOLUTIONS PVT LTD sole discretion (i) refuse or remove any content on kendriyabhandargujarat.org website that, in NISUS WEBSOLUTIONS PVT LTD reasonable opinion, violates any NISUS WEBSOLUTIONS PVT LTD policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of kendriyabhandargujarat.org Website to any individual or entity for any reason, in NISUS WEBSOLUTIONS PVT LTD S sole discretion. NISUS WEBSOLUTIONS PVT LTD will have no obligation to provide a refund fees of any amounts previously paid. 3. Domain Owner: The domain name kendriyabhandargujarat.org is owned and maintained by NISUS WEBSOLUTIONS PVT LTD. The domain name and Website lease service agreement is

3 offered subject to lessee acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, NISUS WEBSOLUTIONS PVT LTD Privacy Policy) and procedures that may be communicated from time to time by NISUS WEBSOLUTIONS PVT LTD to the lessee. 4. Support: This domain name and Website lease service agreement includes access to support. support means the ability to make requests for Website Server technical support assistance by at any time (with reasonable efforts by NISUS WEBSOLUTIONS PVT LTD to respond within two business day or 48 hour) concerning the use of our Website hosting services. All Website Server support will be provided in accordance with NISUS WEBSOLUTIONS PVT LTD standard practices, procedures and policies. 5. Responsibility of lessee and lessee s Website Visitors: NISUS WEBSOLUTIONS PVT LTD has not reviewed, and cannot review, all of the material, including computer software, posted to kendriyabhandargujarat.org website, and cannot therefore be responsible for that material s content, use or effects. By leasing kendriyabhandargujarat.org website, NISUS WEBSOLUTIONS PVT LTD does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. Lessee are responsible for taking precautions as necessary to protect themself, the Website and lessee computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website kendriyabhandargujarat.org may not contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website kendriyabhandargujarat.org may not contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. NISUS WEBSOLUTIONS PVT LTD disclaims any responsibility for any harm resulting from the use by visitors of the Website kendriyabhandargujarat.org, or from any downloading by those visitors of content there posted. 6. Content Posted on Other Websites: We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and Web pages to which kendriyabhandargujarat.org website links, and that link to kendriyabhandargujarat.org website. NISUS WEBSOLUTIONS PVT LTD does not have any control over those non-kendriyabhandargujarat.org Websites and Web pages, and is not responsible for their contents or their use. By linking to a nonkendriyabhandargujarat.org Website or Web page, NISUS WEBSOLUTIONS PVT LTD does not represent or imply that it endorses such Website or Web page. Lessee are responsible for taking precautions as necessary to protect themself, the Website and lessee computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NISUS WEBSOLUTIONS PVT LTD disclaims any responsibility for any harm resulting from lessee use of nonkendriyabhandargujarat.org Websites and Web pages. 7. Copyright Infringement and DMCA Policy: As NISUS WEBSOLUTIONS PVT LTD asks others to respect its intellectual property rights; it respects the intellectual property rights of others. If any material located on or linked to by kendriyabhandargujarat.org violates copyright, lessee are required to remove such material or links in accordance with the Digital Millennium Copyright Act ( DMCA ) Policy. 8. Intellectual Property: This Agreement does not transfer from NISUS WEBSOLUTIONS PVT LTD to lessee any NISUS WEBSOLUTIONS PVT LTD or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NISUS WEBSOLUTIONS PVT LTD. NISUS WEBSOLUTIONS PVT LTD, kendriyabhandargujarat.org domain, kendriyabhandargujarat.org website, the kendriyabhandargujarat.org logo, and all other trademarks, service marks, graphics and logos used in connection with kendriyabhandargujarat.org domain, or the kendriyabhandargujarat.org Website are trademarks or registered trademarks of NISUS WEBSOLUTIONS PVT LTD or NISUS WEBSOLUTIONS PVT LTD 's licensors. Other

4 trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Lessee use of the domain name and Website grants lessee no right or license to reproduce or otherwise use any NISUS WEBSOLUTIONS PVT LTD or third-party trademarks. 9. Changes: NISUS WEBSOLUTIONS PVT LTD reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is lessee responsibility to check this Agreement periodically for changes. Lessee continued use of or access to kendriyabhandargujarat.org domain and kendriyabhandargujarat.org website following the posting of any changes to this Agreement constitutes acceptance of those changes. NISUS WEBSOLUTIONS PVT LTD may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be payable and subject to the terms and conditions of this Agreement. 10. Termination: This domain name and Website lease service Agreement will be terminated immediately upon expiration date as indicated above should the Lessee choose not to renew the lease term for 48 additional months. Upon termination of this lease, the Lessee acknowledges and understands that NISUS WEBSOLUTIONS PVT LTD (lessor) shall retain full ownership rights to the domain, hosting, website design, and content for the website in its entirety except for any images or textual content given to Lessor by Lessee. In such case, Lessor will delete such images and content including Lessee's name from the website within 30 days of the termination of this agreement. Lessor will utilize the domain, website, website design and hosting as it sees fit for its own marketing purposes moving forward. NISUS WEBSOLUTIONS PVT LTD may terminate lessee access to all or any part of kendriyabhandargujarat.org and Website at any time, with or without cause, with or without notice, effective immediately. Notwithstanding the foregoing, lessee can be terminated by NISUS WEBSOLUTIONS PVT LTD if lessee materially breach this Agreement and fail to cure such breach within twenty four (24) hours from NISUS WEBSOLUTIONS PVT LTD notice to lessee thereof. 11. Disclaimer of Warranties: Kendriyabhandargujarat.org domain and kendriyabhandargujarat.org website is provided as is. NISUS WEBSOLUTIONS PVT LTD and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither NISUS WEBSOLUTIONS PVT LTD nor its suppliers and licensors, makes any warranty that Kendriyabhandargujarat.org domain and kendriyabhandargujarat.org website will be error free or that access thereto will be continuous or uninterrupted. 12. Indemnification: By executing this Website And Domain Lease Service Agreement for the domain name kendriyabhandargujarat.org and kendriyabhandargujarat.org Website through us, lessee agrees to indemnify NISUS WEBSOLUTIONS PVT LTD, (website owner) and its respective officers, directors, agents and employees, as well as those of officers, directors, agents and employees working in its sister company (if any), as well as those of officers, directors, agents and employees working its parent company (if any), against and hold them harmless from any and all expenses, costs and liabilities arising from or related to the kendriyabhandargujarat.org website in any way. Lessee agree to indemnify and hold harmless NISUS WEBSOLUTIONS PVT LTD, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of lessee use of the kendriyabhandargujarat.org domain name and kendriyabhandargujarat.org Website, including but not limited to out of lessee violation this Agreement. 13. Limitation of Liability: In no event will NISUS WEBSOLUTIONS PVT LTD, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by lessee to NISUS WEBSOLUTIONS PVT LTD under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. NISUS WEBSOLUTIONS PVT LTD shall

5 have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. 14. General Representation and Warranty: Lessee represent and warrant that (i) lessee use of Kendriyabhandargujarat.org domain and kendriyabhandargujarat.org website will be in strict accordance with the NISUS WEBSOLUTIONS PVT LTD Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in lessee country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the India or the country in which lessee reside) and (ii) lessee use of the kendriyabhandargujarat.org domain name and kendriyabhandargujarat.org Website will not infringe or misappropriate the intellectual property rights of any third party. 15. Severability and Waiver: Should any provision of the Website and Domain Lease Service Agreement be held by a court of law to be illegal, unenforceable or invalid, the legality and enforceability of all other remaining provisions of the Website Rent Agreement shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Website Lease Agreement, unless waived in writing, shall not constitute a waiver of the party's right to enforce each and every other term and condition of the Website rent Agreement. 16. Governing Law: This Website and Domain Lease Service Agreement shall be governed by the laws of the State of Gujarat as they apply to contractual agreements and in accordance to the state where by such Website and Domain Lease Service Agreement was executed by NISUS WEBSOLUTIONS PVT LTD (website owner). Except as provided herein, all rights of the parties involved are cumulative and additional to any rights that the parties may have. 17. Taxes: The Lessee agrees to pay all taxes associated from any and all income that Lessee receives as derived from the client development associated with the lease of this website. 18. Guarantee: The Lessor does not guarantee the amount of website traffic nor the number of leads that are generated by the leased website with respect to Website and Domain Lease Service Agreement. Geographic area and demographics play a large part in the traffic count and lead generation as does the practice area of Lessee and website positioning. The Lessor's goal and intent are to provide exceptional exposure on the internet for the leased website in order to advance and enhance the new client development of the Lessee's firm.