TERMS OF SERVICE

1. Acceptance of Terms

By accessing or using the Service Provider’s domain, You acknowledge that You have read, understood, and agree to comply with these Terms, along with any applicable policies, guidelines, or agreements separately executed with the Service Provider.

2. Acceptable Use Policy(AUP)

All services provided by Poornam Info Vision Pvt. Ltd. hereafter referred to as Bobcares, its technical support team, may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; government and military data protected by law and national security; university and academic data protected by public policy; sales of drug paraphernalia, adult material, and material that is obscene, vulgar, defamatory, constitutes an illegal threat, or violates export control laws. Any violation of the above which compromises the integrity of Bobcares or any other network is strictly prohibited. Bobcares shall not support any service which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give right to civil liability or otherwise violate any law. Promotion of any illegal activity, are prohibited, links to such materials are not be supported. Actual files, including but not limited to pirated software, hacker programs, cracks, and Illegal MP3 files, are strictly prohibited from being supported by Bobcares. Bobcares would not render support service to who may be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. Bobcares considers Spam to be any much-unsolicited message in the mediums of newsgroups and e-mail. who engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy.

3. Services

The Service Provider shall provide the Services to the Buyer in accordance with the terms and conditions of this Agreement. This Agreement is not a work-for-hire agreement. Service Provider shall perform the Services as an independent contractor. Employees of Service Provider are not intended to be, and will not be considered employees of the Buyer. Service Provider will not be under the supervision of Buyer except to the limited extent of being responsible to the Buyer for the results to be accomplished in performing the Services. Buyer will not supervise Service Provider or Service Provider’s employees regarding the technical means or manner by which the Services will be performed. Poornam Inc. an Arizona corporation (mentioned as “Service Provider / provider” in the terms and conditions) with an address of 202 East Earll Drive, Suite 410, Phoenix, AZ 85012, d/b/a bobcares.com, poornam.com.

Following terms are applicable to all the service plans:

Bobcares are the experts in working with servers during an emergency. Our experience in the subject has helped us to maintain 9/10 success rates. However the numbers in the past are no guarantee for the successful completion of the work in future.

1. a. By signing up for the plan, the buyer authorizes service provider to charge their card or initiate any other form of payment, for any number of hours that are required to handle the task. Buyer hereby authorizes service provider to charge for any variation in the initial and follow-up estimates. The buyer shall be charged for the hours of work irrespective of success.
2. b. Buyer also authorizes service provider to make judgment about the time taken to complete the task. Buyer authorizes service provider to decide on payments schedule which is prepayment or interim payment or post-payment in nature.
3. c. The time spent on studying and research shall be considered as billable hours. Time spent for checking logs & recreating issues is billable.
4. d. Sub-tasks, if any, shall also be billed. Billing is based on each sub-task and not on final output.
5. e. Emergency tasks do not guarantee immediate resolution or issue resolution. Feasibility check about issue resolution is billable.
6. f. Providers can not give any kind of guarantee or assurance about quality & quantity of recovered data.
7. g. Solutions applied could get nullified or issues fixed could reappear due to change in server environment. Additional billable time will be used for such tasks.
8. h. If server or website is found as not in compliance with Bobcares AUP, work will be suspended immediately.
9. i. The liability of the service provider is limited to the cost paid by the buyer for the services only and the maximum liability of such sort is limited to the refund of the costs to the buyer.
10. j. The documentation of the solution or the technical summary is purely the intellectual property of the service provider and is not obliged to send it to the buyer. The communication of this sort via email, chat or phone is a violation of agreement.
11. k. The pricing of the plan is as per buyer’s cart and is susceptible to change if the plan is changed by the buyer.
12. l. Unused hours are not eligible to be refunded. If a customer raises a quality problem within thirty (30) days of purchasing the service, Bobcares will thoroughly review the request through the quality management process a refund after considering “the merits” of the request.
13. m. At the end of the twelfth month, any unused hours of a service purchased by the buyer will expire without any further notice.
14. n. The Buyer agrees to maintain a valid payment method on file, and the Service Provider shall have the ability to charge the payment method at any time any dues are owed.
15. o. The Service Provider shall be eligible to try other valid alternative payment sources if the default payment gateway is unable to perform the transaction.
16. p. These TOS may be updated, amended, modified, or revised by us from time to time. We encourage you to refer to these ToS from time to time to ensure that you are aware of any additions, revisions, amendments, or modifications that we may have made.
17. q. The Service Provider shall adopt a triage system for all emergency support plans when there is an influx of emergency support requests, the guidelines for such system are specified in the document here: https://bobcares.com/emergency-support-severity/.
18. r. Unless otherwise stated, all references to currency and monetary values set forth herein shall mean United States (US) Dollars and all payments hereunder shall be made in United States Dollars.
19. s. The Service Provider is granted the right to utilize the Buyer’s company name and logo for marketing and promotional activities. The Service Provider is further granted the right to use “The Technical / Business Problem” and the “Solution Provided”, as well as any known ROI “Return On Investment” to The Solution. None of such marketing or promotional activity will contain any Proprietary Information. The Buyer retains the right to withdraw permission for such use at any time with written notice and a valid reason for doing so and the Service Provider will promptly cease any further use of the Buyer’s name and logo as well as any other information in the public domain upon receiving such notice.

4. Delivery of Services

Should Buyer fail to provide Service Provider with information necessary for Service Provider to begin performance of the Services, Service Provider shall have no responsibility to begin to provide the Services by the date of agreement, and shall only be obligated to do so when Buyer provides all necessary information.

Accuracy Disclaimer: Buyer is solely responsible for the accuracy and integrity of any data provided by Buyer, or Buyer’s customers, to Service Provider. Service Provider may rely on this information, and in addition may provide links to other Services Intellectual Property (as that term is defined in this Agreement) or any Internet sites or resources it believes are within the definition of Services. Service Provider does not endorse and is not responsible for any data, software, or other content available from such sites or resources. Buyer acknowledges and agrees that Service Provider shall not be liable for any damage or loss relating to Buyer, or Buyer’s customer’s, use of or reliance on such data.

5. Manner of Performing Services

The Service Provider will supply all tools and materials necessary for the performance of the Services. Service Provider may perform the Services offsite of the Buyer’s worksite and in any location that Service Provider may choose in its sole discretion. Service Provider intends to access the Buyer’s computer and information systems via access codes that Buyer will provide to Service Provider (such as SSH keys, password authentication, etc.). The Buyer may remove such access codes after service provision, or request the Service Provider to remove it. Service Provider shall determine the particular manner, mode and method of performing the Services, but Service Provider will ensure that its employees are available during Buyer’s regular business hours to meet and confer with Buyer or Buyer’s employees and agents about the Services. Buyer shall identify which individuals have the authority to request work outside of the Services and charged in accordance with the Hourly Fees.

6. Authorized Use

Access to the domain is strictly provided for lawful and legitimate business activities that have been mutually agreed upon by you and the Service Provider. You are expected to use the Services only in accordance with these agreed purposes, ensuring that every action taken within the domain aligns with applicable laws, regulations, and the specific terms outlined in your agreement with the Service Provider. Misuse or abuse of the Services, such as engaging in unauthorised activities, attempting to circumvent security protocols, or using the domain for any actions that are unethical or illegal is expressly prohibited. Any deviation from these standards may result in immediate revocation of access and could lead to further legal actions or penalties as stipulated by the Service Provider’s policies and the governing laws.

7. Prohibited Activities

The following activities are strictly prohibited while accessing the domain or Services:

1. a. Network hacking, port scanning, IP range scanning, vulnerability testing, or denial-of-service (DoS) attacks.
2. b. Uploading, transmitting, or distributing viruses, Trojans, worms, or malicious code.
3. c. Use of illegal, pirated, or unlicensed software, source code, or applications.
4. d. Hosting, sharing, or distributing content infringing third-party intellectual property rights, including copyrighted works, trademarks, music, videos, ringtones, or software.
5. e. Publishing, uploading, or sharing obscene, defamatory, offensive, politically or sexually explicit, or otherwise unlawful content.
6. f. Circumventing security or authentication measures of the Service Provider’s systems.
7. g. IRC Hosts – People who host an IRC server that is part of or linked to another IRC network or server, or who have a connection to an IRC network. Servers or virtual hosting accounts that are discovered to be connecting to or a part of these networks will be removed from our network immediately and without notice. The server will not be reconnected to the network until you agree to remove all traces of the irc server and grant us access to your server to confirm that the content has been completely removed. Any server that commits a second violation will have their account terminated immediately.
   
8. h. Games – We strictly do not allow hosting any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.
   
9. I. This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide “links to” or “how to” information about such material. 
10. j. Ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.
    

8. Abuse of Resources

Any attempt or actual hack of a network device owned by Bobcares or any other company, individual, or other entity is strictly prohibited. This offense also covers port scanning, IP range scanning, and vulnerability scanning. The service may be Immediately canceled after a full investigation of all infractions and/or suspected violations. Any attempts to launch a denial of service (DOS) attack from our servers or to launch a DOS attack against Bobcares are strictly forbidden. All violations and/or suspected violations will be thoroughly investigated, and the service may be terminated immediately.

It is strictly prohibited to host any illegal software, source code, or other content that could be used to commit an illegal act. This includes hacking tools, viruses, Trojans, and software exploits, as well as instructions for making bombs and othersimilar devices. All violations and/or suspected violations will be thoroughly investigated, and the service may be terminated without further notice.

Hosting anything that infringes on any copyright, trademark, or service mark is strictly prohibited. This also entails the downloading, hosting, and distribution of pirated software, ringtones, music, and video files, as well as other “Warez” content. Any valid complaint will be investigated, and as a result, the service may be discontinued.

Deliberately causing emotional distress, hosting private information without their consent or defamatory material, or infringing on their trademarks, copyrights, or other intellectual property rights are all prohibited.

Any efforts to damage or undermine any of our servers are absolutely prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that misuses resources without taking steps to stop the activity requires immediate deactivation without a refund.

9. Client Responsibilities

Clients must comply with all relevant laws and regulations while using the Service Provider’s services. They are solely responsible for all actions taken under their credentials and must protect their login information. Any breach of these Terms may lead to immediate suspension or termination of access, without prior notice, and may result in further legal or contractual consequences. Regular review of legal requirements and Service Provider policies is expected to ensure ongoing compliance.

10. Fees and Payments

All Service Fees are due in advance. Late payments attract a 2% daily fee or USD 10 (whichever is higher). Services may be suspended for overdue payments. Disputes must be raised in writing within 30 days of the invoice date.

11. Intellectual Property

All intellectual property associated with the Service Provider’s domain, including, but not limited to, trademarks, logos, brand names, service marks, website designs, layouts, graphics, text, software source code, databases, and all forms of content shall remain the exclusive and sole property of the Service Provider. This ownership extends to any enhancements, modifications, or derivative works arising from the intellectual property, regardless of whether these were created with input or feedback from the Client. The Client is not granted any proprietary interest, licence, or ownership rights in any of these intellectual property assets, except for a limited, non-exclusive, and revocable right to use such intellectual property strictly for the purposes expressly set out in the agreement or these Terms.

Any unauthorised use, reproduction, distribution, adaptation, or commercial exploitation of the Service Provider’s intellectual property by the Client or third parties is strictly prohibited. The Client must not remove, alter, or obscure any copyright, trademark, or other proprietary notices from the materials accessed or received through the Service Provider’s domain. Furthermore, the Client is obligated to promptly notify the Service Provider of any actual or suspected infringement or unauthorised use of the Service Provider’s intellectual property by any party.

For the avoidance of doubt, unless a separate written agreement provides otherwise, the Client shall not, under any circumstance, reverse-engineer, decompile, or attempt to derive the source code of any software provided by the Service Provider, nor create any derivative works based on the Service Provider’s intellectual property. All goodwill derived from the use of the Service Provider’s trademarks or branding shall inure solely to the benefit of the Service Provider.

12. Limitation of Liability

The Service Provider shall not be liable for any direct, indirect, incidental, consequential, or special damages resulting from the Client’s misuse of the domain or Services. This limitation of liability applies to any loss, damage, or expense incurred by the Client, including but not limited to loss of data, interruption of business operations, loss of profits, damage to hardware and software, or any claims brought by third parties, including those related to alleged infringement of intellectual property rights arising directly or indirectly from unauthorised access, prohibited activities, or breach of these Terms by the Client. In addition, the Service Provider disclaims responsibility for any damages resulting from viruses, malware, or other harmful code uploaded, transmitted, or distributed by the Client, as well as any infringement of third-party intellectual property rights or violation of laws and regulations by the Client. The Client further acknowledges and accepts that the Service Provider’s liability is strictly limited, and that the Client assumes full responsibility for their actions while using the domain or Services, including defending and settling any third-party claims related to such actions. This clause shall remain in effect regardless of whether such damages or claims were foreseeable or whether the Service Provider was advised of the possibility of such damages or claims. The Client acknowledges that the Service Provider is not responsible for any third-party content, unauthorised access to the Client’s systems resulting from the Client’s negligence, or any claims or disputes arising from the Client’s violation of intellectual property protections.

13. Solicitation of Employees

The Parties agree that it would be impracticable and extremely difficult to fix the amount of actual damages for a breach of this Section 13 and further agree that hundred-thousand dollars ($100,000 US) is a reasonable estimate of the damages either Party would incur as a result of a breach of this Section. In addition, the Parties agree that the loss of multiple employees through solicitation would have an increased impact and is sufficient support to award punitive damages against the breaching Party in addition to any liquidated damages or other remedies available. The Parties have the right to enforce this provision by (a) obtaining an injunction or any and all other provisional and non-monetary equitable relief provided under the law governing this Agreement; and (b) the pursuit of liquidated damages as described above. Such remedies shall be cumulative and selection of one remedy shall not be a waiver or bar against seeking any other remedy except in the case that the damaged Party elects to pursue liquidated damages, in which case such Party may only seek the recovery of the liquidated damages plus any punitive damages permitted under this Section 13. The terms of this Section 13 will survive termination of this Agreement for the periods set out above. For the Service Provider to enforce this clause, the Service Provider is entitled to invoke the jurisdiction of local courts where the solicitation of their employees has happened. The Service Provider is also entitled to bifurcate the cause of action available against the Buyer and the Solicited Employees or the Entity through which indirect solicitation has occurred.

There shall be a presumption of indirect solicitation by the Buyer if the Buyer employs any company or establishment which recruits more than three employees of the Service Provider who were involved with the projects of the Buyer while in employment of the Service Provider. It shall be the obligation of the Buyer to rebut that presumption in litigation.

14. Confidentiality

Both parties must keep all confidential information received oral, written, or electronic strictly confidential and use it only to fulfil this Agreement. Confidential information covers business, technical, financial, and proprietary details shared during the relationship. Disclosure to third parties is prohibited without written consent, unless required by law. Reasonable measures must be taken to protect confidentiality, and employees, agents, and contractors with access must be similarly bound. Confidentiality does not apply to information that is public, known before disclosure, lawfully obtained from others, or independently developed. These obligations survive termination of the Agreement for three years or longer if required by law.

15. Indemnity

The Client agrees to indemnify and hold harmless the Service Provider, its affiliates, employees, and agents from any claims, damages, liabilities, or expenses arising from Client’s breach of these Terms or misuse of the Services. This means that if the Client’s actions, such as violating any part of these Terms, engaging in unauthorised or unlawful activities, or misusing the Services in any way result in legal claims, financial losses, damages, penalties, or costs being incurred by the Service Provider or its representatives, the Client will be fully responsible for compensating and protecting the Service Provider and its associated parties against such consequences. This indemnity covers all forms of liability, including but not limited to, legal fees, settlement costs, regulatory fines, and any third-party claims resulting from the Client’s conduct. This obligation applies irrespective of whether the claims or losses arise directly or indirectly from the Client’s actions. The Client must also promptly assist and cooperate with the Service Provider in defending against any such claims, providing necessary information or documentation as requested. The purpose of this clause is to ensure that the Service Provider, along with its affiliates, employees, and agents, is shielded from any adverse effects, losses, or proceedings stemming from the Client’s non-compliance or improper use of the Services, thereby safeguarding the interests and reputation of the Service Provider at all times.

16. Term and Termination

16.1 For Non-Quarterly Plans

A. This Agreement shall be effective from the Effective Date and shall continue for a term of twelve months, unless earlier terminated as set out in this Agreement(“Initial Term”). This Agreement will be automatically renewed for an additional twelve months on the last day of the Initial Term of the Agreement (“RenewalTerm”) unless one party provides the other with written notice of its intent not to renew the Agreement no later than forty-five days prior to expiration of the Initial Term or any Renewal Term. The Initial Term and Renewal Term may be referred to in this Agreement as the “term.” Any termination of this Agreement or non-renewal shall not affect any accrued rights or liabilities of either Party and the Agreement shall remain in full force and effect until the termination date.

B. Notwithstanding anything to the contrary in this Agreement, if the Buyer revises the plan through a plan-change-agreement/addendum/revision-agreement, then the Buyer shall be obligated to perform as per the plan-change/revised/amended agreement for a minimum period of 12 months from the date of change/revision/amendment. The said period of 12 months shall be a lock-in period for the Buyer with the Service Provider, and the Buyer would be ineligible to terminate the agreement during this lock-in period.

16.2 For Quarterly Plans

A. This Agreement shall be effective from the Effective Date and shall continue for a term of Three months, unless earlier terminated as set out in this Agreement (“Initial Term”). This Agreement will be automatically renewed for an additional three months on the last day of the Initial Term of the Agreement (“Renewal Term”) unless one party provides the other with written notice of its intent not to renew the Agreement no later than thirty days prior to expiration of the Initial Term or any Renewal Term. The Initial Term and Renewal Term may be referred to in this Agreement as the “term.” Any termination of this Agreement or non-renewal shall not affect any accrued rights or liabilities of either Party and the Agreement shall remain in full force and effect until the termination date.

16.3 For Biennial Plans This Agreement shall be effective from the Effective Date and shall continue for a term of Twenty Four months, unless earlier terminated as set out in this Agreement (“Initial Term”). This Agreement will be automatically renewed for an additional Twenty Four months on the last day of the Initial Term of the Agreement (“Renewal Term”) unless one party provides the other with written notice of its intent not to renew the Agreement no later than sixty (60) days prior to expiration of the Initial Term or any Renewal Term. The Initial Term and Renewal Term may be referred to
in this Agreement as the “term.” Any termination of this Agreement or non-renewal shall not affect any accrued rights or liabilities of either Party and the Agreement shall remain in full force and effect until the termination date.

For All Plans

16.4. If a Party is in breach of this Agreement, the non-breaching Party shall provide written notice of the breach to the breaching Party requiring that the breach be cured within (a) five days, if a monetary breach or solicitation of employees by Buyer is involved or (b) ten days if any other material breach is involved. Such written notice requirement does not affect the right of Service Provider to suspend the Services for failure to pay as described herein. If the breach is not cured within
the required time period, then the non-breaching Party will have the right to terminate this Agreement. Such remedy is not cumulative with any other rights or remedies available to the non-breaching Party and selectaion of one remedy is not a
waiver of any other rights or remedies.

16.5 Notwithstanding anything to the contrary in this Agreement, the Service provider may terminate this Agreement at any time and for no cause on forty-five (45) days prior written notice. If Service Provider terminates under this subsection C, Service Provider will honor any discounts for pricing so long as such termination is not for cause or breach.

16.6 .This Agreement shall apply to all Service Plans purchased by the Buyer from the Service Provider as of the date of sign-up, unless otherwise agreed in writing by both parties.

17. Termination of Access

The Service Provider reserves the right to suspend, restrict, or terminate access to the domain at its sole discretion if the Client is found violating these Terms or applicable law. This means that, should the Client breach any part of the agreement, misuse the Services, or engage in any activities that are unlawful or unauthorised, the Service Provider may take immediate and appropriate action without prior notice. Such actions may include temporarily disabling the Client’s access, imposing limitations on usage, or permanently revoking access, depending on the severity and nature of the violation. This right is absolute and may be exercised for a range of breaches, including but not limited to, unauthorised use of intellectual property, infringement of third-party rights, failure to comply with indemnity obligations, or solicitation of employees in violation of the agreement. The Service Provider is not required to provide advance warning or justification prior to suspension or termination, and any such measures may remain in effect until the breach is remedied or, in cases of serious violation, indefinitely. The Client acknowledges that any suspension, restriction, or termination of access resulting from these circumstances does not absolve them of any ongoing obligations under the agreement, including the duty to indemnify the Service Provider and the responsibility to settle any outstanding liabilities or claims. This clause is designed to protect the integrity of the Service Provider’s domain, ensure compliance with legal and contractual requirements, and safeguard the interests of all parties involved.

18. Fees for the Service

Service Fees are due in advance and Service Provider shall have no obligation to perform the Services unless it has received the appropriate Service Fees. Should Buyer request additional services, or changes to the Services, these changes or additions may incur additional costs. As part of the Renewal Agreement, referenced in 16A, the service provider has the right to increase the fees on an annual basis by up to but not greater than 6.5%.

19. Price Change

Depending on the pricing of our vendors, the costs of our services may occasionally change. We are a number of license providers’ approved partners. We will be compelled to raise our service prices to cover our costs if their pricing structure changes in anyway. You must periodically review your billing information to prevent any unexpected charges

20. Late Fees and Suspension Fees

If payment is not received by the Due Date, the Buyer will be charged a late fee of either (a) two percent (2%) of the total amount due; or (b) Ten Dollars ($10.00 US), whichever is greater (the “Late Fee”) till the 5th day after due date. From 6th day onwards, a late fee of 2% will be charged on daily basis . If the payment, including the Late Fee, is not received within fourteen days of the Due Date, the Service Provider shall suspend all Services until all outstanding obligations are paid in full. Should the Services be suspended because Buyer has failed to pay an invoice by the Due Date, the Service Provider shall charge $50.00 US to recover the administrative costs for suspension and reinstatement of the Services (the “Suspension Fee”). Any delays in payment due to card failures will be the Buyer’s responsibility. If Buyer wishes to dispute a charge listed on an Service Provider invoice to Buyer (a ”Disputed Amount”), Buyer must submit a written dispute notice that includes reasonably sufficient supporting documentation within thirty days of receipt of the initial invoice on which the Disputed Amount appears. If Buyer does not submit such written dispute notice and reasonably sufficient supporting documentation to Service Provider the period above, then notwithstanding anything in this Agreement to the contrary, Buyer waives all rights to dispute such Disputed Amount and to file a claim of any kind relating to such Disputed Amount (and Buyer also waives all rights to otherwise claim that it does not owe such Disputed Amount or to seek any set-offs or reimbursements or other amounts of any kind based upon or relating to such Disputed Amount)

21. Third Party Beneficiaries

Except as expressly stated elsewhere in this Agreement, nothing in this Agreement is intended or shall be construed to grant any rights to anyone other than the Parties hereto and their respective successors and approved assigns. Regardless of the foregoing, the customer acknowledges and accepts that every provider of a third-party good or service described in the contract definition as a third-party beneficiary is the designated third-party beneficiary of the requirements set forth in this Agreement because they apply exclusively to its goods or services, and has the right to explicitly implement the terms and conditions. Anyone other than the Parties hereto and their respective successors and approved assigns. Regardless of the foregoing, the customer acknowledges and accepts that every provider of a third-party good or service described in the contract definition as a third-party beneficiary is the designated third-party beneficiary of the requirements set forth in this Agreement because they apply exclusively to its goods or services, and has the right to explicitly implement the terms and conditions.

22. Third Party Agreements Applicable

When you purchase a third-party product or service from the Company, you agree to this Agreement as well as the terms and conditions of the third-party product or service included in this Agreement.

• DigitalOcean:https://www.digitalocean.com/legal/terms-of-service- agreement/
• AWS:https://aws.amazon.com/service-terms/
• WHMCS:https://www.whmcs.com/terms-of-service/
• Office 365:https://www.microsoft.com/enus/legal/intellectualproperty/copyright/default
• G Suitehttps://policies.google.com/terms
• cPanel & WHM:https://cpanel.net/legal-notices/
• Plesk: https://www.plesk.com/legal/
• Softaculous: http://softaculous.com/softaculous/tos

23. The Company as Reseller or Sub-licensor

We may use third-party services, hardware, software, and equipment as a reseller or sub-licensor. We are not responsible for any changes to the Services, including enhancements or adjustments that otherwise affect the output of the Services, that render any Resold Products obsolete. It is not considered a breach of the Company’s obligations under this Agreement if any Resold services fail or have flaws, whether they were sold, sublicensed, or given to you by us. Any rights or claims you may have in relation to the possession, granting of licenses, use, or infringement of any resold product are restricted to those that the manufacturer has granted to you. In relation to your use of the Services as permitted by this Agreement, you are only qualified to use any resold products that we offer. A Resold Product may not be copied, altered, reverse-engineered, or used in any way other than in connection with the Services.

24. Account Security and Company Systems

You are responsible for any misuse of your account, so you must take precautions to prevent others from gaining unauthorized access to your account. Furthermore, you may not use your account to compromise the security of another account or to attempt unauthorized access to another network or server.

Your account can be accessed using your password. You are in charge of keeping your password secure.It is not advised to give unauthorized users access to your account and password. Since you will be held accountable for any consequences, you should exercise caution and stop anyone else from using your account.

The service will be terminated if you make any attempt to obtain another user’s account password. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent any host, network, or account’s user authentication or security. This includes, but is not limited to, accessing data that is not intended for you, logging into or using a server or account to which you are not expressly authorized, and probing the security of other networks. It is restricted to use or distribute tools designed to compromise security. Password guessing programmes, cracking tools, and network probing tools are some examples of these tools.

You may not try to disrupt any user, host, or network’s service (“denial of serviceattacks”). This includes attempting to intentionally overload a service, “flood” a network, or “crash” a host, among other things.Users who violate network or system security could face criminal or civil penalties. Bobcares will fully assist with anyinvestigations into alleged system or network security violations at other locations, including working with law enforcement officials to look into suspected criminal offenses.

Regardless of the installation method, it is your responsibility to ensure that all programmes and scripts installed under your hosting account are safe and that directory permissions are set appropriately.

Users are ultimately liable for all actions taken on their behalf. Credentials such as username and password have been compromised. You must create a strong password. If you use a weak password, your account may be suspended until you agree to use a stronger password. Audits may be performed to prevent the use of weak passwords. If your password is found to be weak during an audit, we will notify you and give you time to change or update your password before suspending your account.

The Services are only made available for authorized customer use, along with all associated networks, equipment, and network devices. We may monitor our systems but are not obliged to do so. This includes checking that use is authorized, facilitating protection against unauthorized access, and confirming security protocols, survivability, and operational security. Information may be scanned, examined, recorded, copied, and used for authorized purposes during monitoring.You give your consent to being monitored for these reasons by using the Services.

Any account that is found connecting to a network or system of a third party without that third party’s consent is subject to suspension. Access to networks or systems not under your direct control requires the third party’s express written consent. We reserve the right to request proof that your access to a third-party network or system has been authorized.

Accounts that are discovered to be compromised may be disabled and/or terminated. If you do not clean up your account after we notify you of an ongoing problem, we reserve the right to disable your account. We may clean up your account at your request for an additional fee.

25. Quality Verification System

The Service Provider has instituted an internal quality verification system (“Quality Verification”) to rate and improve its performance of the Services. Quality Verification shall be used by Service Provider to evaluate the personnel and methods related to performance of the Services. Buyer may request in writing that certain items particular to the Services be included in the Quality Verification. Such request will be reviewed in good faith by the Service Provider, however, the decision to include the request in the Quality Verification shall be made in the sole discretion of the Service Provider. The results of such Quality Verification are intended for Service Provider’s internal purposes; such results may be provided to the Buyer only at Service Provider’s discretion and shall be Confidential Information.

26. Force Majeure

The Service Provider shall not be liable for any delay or failure in performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural calamities, war, terrorism, strikes, lockouts, pandemics, governmental restrictions, or failures of communication or utility services. In such events, the Service Provider’s obligations shall stand suspended without penalty for the duration of the event, and timelines shall be automatically extended. The Client shall not be entitled to claim any damages or terminate this Agreement due to such delay or non-performance, and the Service Provider may, if the event continues beyond ninety (90) days, terminate this Agreement without any liability.

27. Data Protection

In compliance with the European Framework for handling Personal Data that comes into force from May 25th 2018, the Service Provider ascertains that all Personal Data collected by us, is stored in secure internal infrastructure located in Kerala, India and for Phone Customers in Arizona, USA.

The contact information that the Service Provider needs to collect for meeting the business requirements are:

• Name, Address, Location and email-id : For legal requirements like signing SLA and NDA.
• Professional designation, Phone number, Chat-id, email-id : For communicating with the Buyer or Buyer’s representatives, while doing the business. Such communication include day-to-day communication on tasks being handled by the Service Provider, periodic feedback collection, occasional marketing emails etc.
• Payment details : For billing requirements.

The Service Provider recommends using official contact information for establishing the business relationship. Using personal contact information for this purpose is solely at the discretion of the Buyer. By submitting your Personal Data, the Buyer agrees to accept this arrangement. The Service Provider will take all reasonable and necessary steps in storing the Buyer’s Personal Data complying with the Terms of the GDPR. The Service provider being a ISO 27001: 2013 information security compliant company since 2008, already has the necessary systems in place for the same.

The Service Provider may have access to the personal information of Buyer’s clients if it is stored in Buyer’s system. Further, the Service Provider may have to store the accessed data as part of service delivery as well as meeting statutory, legal or business requirements of the Service Provider.

The Service Provider certifies that all the activities done by the Service Provider’s employees with access to this information are logged in our servers for quality verification and to comply with the ISO 27001:2013 requirements. This includes, but is not limited to, server terminal activities, chat transcripts, email communication, notifications from support helpdesk, alerts, emails to end customers send via support helpdesk and any other activity which can be classified as work record, for the work done for the Buyer. The work records will be retained in the Service Provider’s internal servers for a period of ten years with access restricted to selected employees, to meet the Service Provider’s business requirements.

In the event there are more than one point of contact or representatives from the Buyer, the Service Provider may add them as contacts in the Service Provider’s portal. The Buyer can login to the portal and change the information stored, or can contact the Service Provider to make necessary changes. By submitting the contact details for another person, the Service Provider assumes that the Buyer has obtained the consent of the person.

If the Buyer would like the Service Provider to delete the personal Information of the Buyer or their clients from the internal records, the Buyer may send an email to customercare@bobcares.com, which will be responded to within a reasonable time. The Service Provider may be required to retain certain information as per local government requirements and/or for own legitimate business purposes. To protect your privacy, we will require you to prove your identity before granting access to, or agreeing to update, correct or delete your Personal Information and we will only implement requests with respect to Personal Information about you (not anyone else). The service provider maintains backup archives with a retention policy designed for each system, based on the business requirement. The Service Provider will have the Buyer’s data in backups for the retention period designed for the system, after it has been removed from the production systems. This data will never be restored back to production systems and the access to the backup is restricted.

For more details on our GDPR compliance, please visit the following link https://bobcares.com/gdpr/.

Upon your request, Bobcares will sign and execute a DPA (Data Protection Agreement) to document our adherence to GDPR regulations.

Buyer is advised that, as may be applicable to it under California Civil Code Section 1789.3, to initiate a complaint about the Services, Buyer may contact Service Provider at the address set out in this Agreement. If Buyer is dissatisfied with the manner in which Service Provider responds to a complaint regarding the Services, Buyer may contact Service Provider at the address set out in this Agreement, and the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

28. Notice to California Customers

Buyer is advised that, as may be applicable to it under California Civil Code Section 1789.3, to initiate a complaint about the Services, Buyer may contact Service Provider at the address set out in this Agreement. If Buyer is dissatisfied with the manner in which Service Provider responds to a complaint regarding the Services, Buyer may contact Service Provider at the address set out in this Agreement, and the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

29. Attorney’s Fees

If either Party brings an action to enforce the terms of this Agreement or declare rights under this Agreement, the prevailing Party in the final adjudication of any such action, on trial or appeal, shall be entitled to its costs and expenses of suit, including, without limitation, its actual attorney’s fees, to be paid by the losing Party as fixed by the court.

30. Assignment

The Client shall not assign, transfer, or delegate any of its rights, interests, or obligations under this Agreement, whether in whole or in part, to any third party without the prior written consent of the Service Provider. Any attempted assignment or transfer by the Client without such consent shall be null and void and of no effect. The Service Provider may assign, transfer, or delegate its rights and obligations under this Agreement, in whole or in part, to any of its affiliates or to any successor entity in the event of a merger, acquisition, or sale of all or substantially all of its assets, without requiring the Client’s consent. This clause is intended to ensure continuity of services and protect the commercial interests of the Service Provider.

31. Disclosure to Law Enforcement

The Service Provider reserves the right to disclose any information, data, or records relating to the Client or its use of the Services to law enforcement agencies, regulatory authorities, or other governmental bodies as required by applicable law, regulation, or legal process. Such disclosure may be made without prior notice to the Client if deemed necessary for compliance with legal obligations, the protection of the Service Provider’s rights or property, or the prevention or investigation of unlawful activities. The Client acknowledges and agrees that such disclosures may include personal information and other confidential data, and expressly waives any claims against the Service Provider arising from such lawful disclosures.

32. Governing Law & Jurisdiction

In the event that there is a dispute arising out of or in connection with this Agreement, the parties will attempt in good faith to promptly resolve any such controversy or claim through negotiations between executives of the parties, before resorting to other remedies available to them. Notwithstanding the foregoing, either party may pursue any legal or equitable remedies available to it in any court of competent jurisdiction if the dispute involves threatened or actual breach of their intellectual property rights, or those related to non-solicitation or confidentiality. This Agreement shall be governed by Arizona law without regard to its conflicts of laws provision. Venue for any suit under this agreement shall be the Superior Court of Maricopa County, Arizona, if brought in state court, or the Federal District Court for the District of Arizona, if brought in federal court. Each Party to this Agreement agrees that such courts will have jurisdiction over the Parties, and waives their right to a trial by jury. Any order of such courts will bind the Parties to this Agreement and their successors and assigns, and neither shall contest notice from such a court. If any provision of this agreement is found by a Court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall continue in full force and effect.

33. Representation in Legal Proceedings

In the event of any adjudication, or legal proceedings arising out of, or relating to this Agreement or the services rendered under it, Poornam Inc. shall have full authority to represent and act on behalf of Poornam Info Vision. As all services to the Buyer are being provided by Poornam Info Vision under the direction and authority of Poornam Inc.

34. Bandwidth and Backup Policy

When a DigitalOcean service is used, bandwidth use is managed and charged in accordance with the DigitalOcean bandwidth usage policies detailed in the link https://docs.digitalocean.com/products/billing/bandwidth/.

The customer agrees that any sensitive and significant data shall be backed up. Service Provider cannot guarantee that any account will be backed up, and in the event of a loss, we will not be responsible for any data loss.

35. Notices

Notices shall be in writing and shall be given by personal delivery, by deposit in the mail, certified mail, return receipt requested, postage prepaid, by facsimile transmission or by express delivery service, freight prepaid, in each case by delivery to Buyer and Service Provider at the addresses set forth below or at such other address as a Party may designate in writing. The date notice is given and received shall be

1. i. the date on which the notice is delivered, if notice is given by personal delivery or by deposit with an express delivery service;
2. ii. three days after the date of deposit in the mail if the notice is sent through government mail service, or an internationally recognized overnight express carrier mail; or
3. iii. the date of transmission if sent by facsimile (with confirmed delivery) before 5:00 p.m. Arizona time on a business day (or on the next business day if sent after 5:00 p.m. or on a non-business day).

Invoices for the Services may be delivered to Buyer by email at the address(es) listed below and shall be deemed to be delivered one (1) business day following submission of such email for delivery to the address(es) listed below. Buyer agrees that Service Provider may reasonably rely upon the email address(es) listed below for the delivery of invoices and that it is Buyer’s obligation to keep such address(es) current by providing Service Provider written notice of any changes. Any obligation of Buyer set out herein shall not be excused by its failure to receive notice due to Buyer’s failure to inform Service Provider in writing of a change to that address.

36. Service Provider Warranties and Indemnification

Service Provider warrants that it has the qualifications and ability to perform the Services in a professional manner, without supervision by Buyer, and that neither it nor its employees, if any, is under any obligation inconsistent with the terms and conditions of this Agreement. Service Provider warrants that Service Provider owns all copyrights and trade secrets in and to the Services or possesses sufficient rights thereunder to execute and perform this Agreement, and to Service Provider’s best knowledge, without investigation, the Services do not infringe any copyright or patent owned by a third party. Buyer warrants and represents to Service Provider that it has the right to provide to Service Provider all information and data necessary for Service Provider to perform the Services during the term. Buyer specifically warrants and represents to Service Provider, that it is in compliance with all laws governing the information to be provided to Service Provider and that it has secured all necessary permissions and authorizations to provide personally identifiable information, credit card information and intellectual property to Service Provider. Buyer further represents and warrants that no export licenses are required for Service Provider to access, process or retain any information provided by Buyer or its customers; (ii) for contracts governed by the laws of the United States only, Buyer warrants and represents that any such information is not governed by the Health Insurance Portability and Accountability Act, the Sarbanes-Oxley Act or the Gramm-Leach-Bliley Financial Services Act, or any amendments thereto. Other than set out in the paragraph entitled “Service Provider Warranties” Service Provider makes no warranties, and any implied warranties are expressly disclaimed.

37. Limitation of Service Provider’s Liability and Indemnification

Indemnity. Service Provider shall defend Buyer, at Service Provider’s expense, against any action brought against Buyer, which alleges that Buyer’s or its customer’s use of the Services infringes upon a copyright or patent, provided that (i) Service Provider is given prompt written notification of such claim; (ii) Service Provider’s position is not compromised by any delay in giving such notice; (iii) such notice grants Service Provider sole control over the defense and settlement of such action; (iv) Buyer provides all assistance in connection with such defense as Service Provider may reasonably request and (v) and any such claim is based on the Services as wholly owned or developed by Service Provider.

The liability of the service provider is limited to the cost paid by the buyer for the services only and the maximum liability of such sort is limited to the refund of the costs to the buyer. Buyer agrees to indemnify, defend and hold harmless Service Provider, its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to

1. i. Buyer’s use of the Service;
2. ii. any violation by Buyer of any of Service Provider’s policies;
3. iii. any breach of any of Buyer’s representations, warranties or covenants
   contained in this Agreement;
4. iv. Services Provider’s use of any Services Intellectual Property; and/or
5. v. any acts or omissions by Buyer. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the term “Buyer” as set out in subparagraph’s (i) through (iii) and (v) include Buyer and its customers. Buyer acknowledges that its customers (“Third Party Customers”) may be the end-users of the Services and/or products resulting from the Services. Both Parties agree that this Agreement does not create any relationship, enforceable rights or obligations between the Service Provider and Third Party Customers. Buyer agrees to indemnify Service
   Provider for any claims, demands, losses, liabilities, damages and expenses, including attorney’s fees, based on Third Party Customers’ use of the Services and/or products resulting from the Services.

38. Service Provider Employees; Indemnification

Service Provider and Service Provider’s employees shall not be considered under this Agreement or otherwise to be employees of Buyer or to be eligible for any benefits provided to Buyer’s employees. Service Provider shall be responsible to pay all applicable statutory benefits to its employees. Service Provider shall maintain sufficient insurance to protect itself from worker’s compensation and other disability claims by its employees, and from claims based on any property damage or bodily injury, sickness, or death of Service Provider’s employees or of any other person which arises out of any act or failure to act of Service Provider or Service Provider’s employees or agents. Service Provider shall indemnify and hold Buyer harmless to the extent of any obligation imposed by law on Buyer to pay withholding, social security, unemployment or disability insurance, worker’s compensation, or similar levies, taxes, or claims in connection with this Agreement on account of Service Provider’s agents or employees. Service Provider shall indemnify and hold Buyer harmless against all claims, losses, liabilities, damages, and expenses, including attorney’s fees, arising out of or resulting from any action brought against Buyer based on any property damage or bodily injury, sickness, or death of any of Service Provider’s employees or any other person which arises out of any act of or failure to act by Service Provider or Service Provider’s employees or agents. The terms of this Section will survive termination of this Agreement.

39. Acceptance

By accessing or using the Service Provider’s domain, the Client confirms acceptance of these Terms and agrees to be legally bound. This means that the Client, upon engaging with any part of the Service Provider’s website, platform, or services, whether by browsing, registering, submitting information, or making use of the offered functionalities, irrevocably consents to and agrees to comply with all provisions, AUPobligations, and conditions outlined in this Agreement. The Client acknowledges that such acceptance constitutes a binding contract between the parties, enforceable under the governing law specified herein. Furthermore, the Client’s continued access or usage shall be deemed ongoing acceptance of any updates or amendments to these Terms as may be periodically communicated by the Service Provider. It is the responsibility of the Client to review the Terms regularly to ensure awareness of any modifications. If the Client does not agree to any part of these Terms, they must immediately cease all access and use of the Service Provider’s domain and services.