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. Services

The Service Provider will deliver the Services to the Buyer as per this Agreement, acting as an independent contractor. Service Provider’s employees are not employees of the Buyer, and will not be supervised by the Buyer except for the overall results. The Buyer will not direct the technical approach or methods used by the Service Provider. Poornam Inc., an Arizona corporation (referred to as “Service Provider”), operates from 202 East Earll Drive, Suite 410, Phoenix, AZ 85012, under the names bobcares.com and poornam.com.

General Terms for All Service Plans:

• Bobcares are server emergency experts, with a historic 9/10 success rate, but past results do not guarantee future outcomes.
• By signing up, the Buyer authorises charges for hours worked, including variations from initial estimates, regardless of success.
• The Service Provider determines time required and payment schedules (prepayment, interim or post-payment).
• Research, studying, log checks, and issue recreation are billable hours.
• Sub-tasks are billed individually.
• Emergency work does not guarantee immediate or successful resolution; feasibility checks are billable.
• No guarantees on quality or quantity of recovered data.
• Resolved issues may recur due to server changes; additional time will be billed.
• Work is suspended if the server or website violates Bobcares’ AUP.
• Provider liability is limited to service fees paid, with maximum liability being a refund.
• Technical solutions and documentation are the Service Provider’s intellectual property and are not required to be shared with the Buyer; unauthorised sharing violates the Agreement.
• Plan pricing may change with the Buyer’s plan changes.
• Unused hours are non-refundable, except for merited quality complaints raised within 30 days, subject to review.
• Unused hours expire at the end of twelve months.
• The Buyer must maintain a valid payment method; the Service Provider may use alternative payment sources if needed.
• Terms may be updated; Buyers should review them regularly.
• A triage system applies for emergency support influxes, as detailed in the referenced document https://bobcares.com/emergency-support-severity/.
• All monetary values are in US Dollars.
• The Service Provider may use the Buyer’s company name, logo, and non-proprietary problem/solution details for marketing purposes unless the Buyer withdraws permission in writing.

cPanel Migration Service

• Includes only the standard migration process as supported by cPanel tools. Any limitations (e.g., database import failures due to version mismatches, undetected hard-coded paths) are not covered and will require additional service credits for expert intervention.
• DNS changes are included only for domains using the destination server as the DNS server. External DNS or domain registrar changes require additional service credits.
• Re-syncing files or databases from the old server after the initial copy is possible only if the destination server/control panel supports it. Manual intervention for unsupported scenarios will require extra service credits.
• Migration covers only standard software provided with the control panel. Assistance with custom or non-standard software installations/configurations requires additional service credits.
• Backup configuration on the new server is not included. This must be requested separately and will incur additional service credits.

Server Management Plans (SMP)

• Scope: SMP covers ongoing monitoring and maintenance for servers, including VM and AWS cloud management. These terms apply to all such plans.
• Monitoring: SMP monitors servers for issues (e.g., service errors). Monitoring is limited to available tools and compatible hardware/services, and performed via periodic checks—some incidents may be detected with a delay. SMP includes monitoring up to 3 websites per server; additional sites incur a quarterly fee per site.
• Security: SMP aims to protect servers from threats, DoS attacks, and spam. However, factors like server OS, running websites, and admin access may affect overall security.
• Updates: OS updates are monitored and installed after your approval to let you prepare for potential impacts.
• Performance: SMP seeks to optimise server and website performance, but actual results may vary based on hardware, software, network, and user activity.
• Backups: SMP assists in setting up and maintaining backups but does not store backups. Backup integrity is checked by date, size, etc., but may not guarantee suitability for all purposes.
• Exclusions: SMP does not cover website migrations, site-level issues (FTP, email, DNS, SSL), additional software installations, code debugging or changes, or CMS upgrades. These are available via On Demand Server Administration at standard hourly rates.
• Limitless Plans: Unlimited plans use service credits—quarterly (3 hours/month) or annual (36 hours/year). Excess usage is billed at the hourly rate. Includes monitoring for up to 20 servers; extra servers incur additional charges. Services such as hardening or audits are provided on request. Servers must be specifically requested for monitoring under the plan.

3. Delivery of Services

If the Buyer does not provide the Service Provider with all information required to commence the Services, the Service Provider shall not be responsible for starting the Services by the agreed date. The Service Provider’s obligation to deliver the Services begins only upon receipt of all necessary information from the Buyer.
Accuracy Disclaimer: The Buyer holds sole responsibility for ensuring the accuracy and integrity of any data supplied by themselves or their customers to the Service Provider. The Service Provider may rely upon this information and may also provide links to other Services Intellectual Property (as defined in this Agreement), or to external Internet sites or resources it considers relevant to the Services. The Service Provider neither endorses nor assumes responsibility for any data, software, or other content available from such external sites or resources. The Buyer acknowledges and agrees that the Service Provider is not liable for any damage or loss arising from the use of, or reliance on, such data by the Buyer or the Buyer’s customers.
The Service Provider’s blog and informational content are provided for general reference purposes only and may not be regularly reviewed or updated; accordingly, certain content may be outdated or no longer accurate.

4. Manner of Performing Services

The Service Provider will supply all necessary tools and materials for delivering the Services, which may be performed offsite at a location of the Service Provider’s choosing. Access to the Buyer’s systems will be via access codes (e.g., SSH keys, passwords) provided by the Buyer, who may revoke access after service completion or request its removal. The Service Provider will determine how the Services are performed but will ensure staff availability during the Buyer’s regular business hours for discussions. The Buyer must specify which individuals are authorised to request additional work, which will be billed at the standard hourly rate.

5. Authorized Use

Access to the domain is granted solely for lawful and mutually agreed business activities. You must use the Services only for these authorised purposes, complying with all applicable laws, regulations, and the terms of your agreement with the Service Provider. Unauthorised use, security breaches, or illegal activities are strictly prohibited and may result in immediate access revocation and legal action as per Service Provider policies.

6. Prohibited Activities

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

1. Engaging in any form of network intrusion, including hacking, port scanning, IP range scanning, vulnerability testing, or launching denial-of-service (DoS) attacks.

2. Uploading, transmitting, or distributing viruses, Trojans, worms, or any other malicious code.

3. Using, hosting, or distributing illegal, pirated, or unlicensed software, source code, or applications.

4. Hosting, sharing, or distributing content that infringes upon third-party intellectual property rights, such as copyrighted works, trademarks, music, videos, ringtones, or software.

5. Publishing, uploading, or sharing obscene, defamatory, offensive, politically or sexually explicit, or otherwise unlawful content.

6. Attempting to circumvent security or authentication measures implemented by the Service Provider.

7. Operating IRC hosts or servers that connect to external IRC networks. Any server or virtual hosting account found to be associated with such networks will be removed immediately and without notice. Reconnection will only occur once all IRC-related content has been removed and verified. A second violation will result in immediate termination of the account.

8. Hosting any form of games is strictly prohibited. If any gaming-related content is detected in your hosting account, it will be terminated immediately.

9. Engaging in activities such as distributing pirated software, ROMs, emulators, phreaking tools, hacking utilities, password cracking programs, IP spoofing, or encrypting any of the aforementioned materials. This also applies to websites offering links to or instructions on such activities.

10. Operating or promoting Ponzi or pyramid schemes, prime bank programmes, bank debentures or trading programmes, cryptocurrency or bitcoin miners, forex trading, e-gold, proxies, bots, spam bots, mail bombers, port or IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, selling illegal pharmaceutical products, drugs, explosives, anonymous or bulk SMS gateways, malware, warez, phishing materials, lottery or gambling activities, illegal downloads, pirated software distributions, escrow services, high yield investment programmes, adult thumbnail galleries or banner exchanges, streaming or broadcasting live copyrighted events, or any website promoting or linking to illegal activities.

7. Abuse of Resources

Any attempt to hack, scan, or exploit network devices belonging to Bobcares or any other entity is strictly prohibited. This includes port scanning, vulnerability scanning, denial of service (DoS) attacks, and similar activities. Violations will be fully investigated and may lead to immediate termination of service.
Hosting illegal software, hacking tools, malicious code (such as viruses or Trojans), or instructions for committing illegal acts is forbidden. Suspected violations will be investigated and may result in service termination without notice.
It is prohibited to host or distribute content that infringes on copyrights, trademarks, or service marks, including pirated software, music, videos, or other “warez” materials. Valid complaints may lead to discontinuation of service.
Deliberately causing emotional harm, hosting private information without consent, defamatory content, or infringing on intellectual property rights is not allowed. Any attempt to damage or misuse server resources will result in immediate account deactivation without refund.

8. Client Responsibilities

Clients are required to adhere to all applicable laws and regulations while utilising the Service Provider’s services. They bear full responsibility for any activity conducted under their account credentials and must take appropriate measures to safeguard their login details. Any violation of these Terms may result in the immediate suspension or termination of access without prior notice, and could also expose the Client to additional legal or contractual repercussions. Clients are expected to regularly review both legal obligations and the Service Provider’s policies to maintain continuous compliance.

9. 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.

10. Intellectual Property

All intellectual property related to the Service Provider’s domain—including trademarks, logos, designs, software, content, and any enhancements or modifications—remains the exclusive property of the Service Provider. The Client receives only a limited, non-exclusive, and revocable right to use these assets as expressly permitted in the agreement or these Terms, and gains no ownership or proprietary interest.
Unauthorised use, reproduction, distribution, or commercial exploitation of the Service Provider’s intellectual property is strictly prohibited. The Client must not remove or alter proprietary notices and must promptly report any suspected infringement. Unless otherwise agreed in writing, the Client may not reverse-engineer, decompile, or create derivative works from the Service Provider’s software or intellectual property. All goodwill from use of the Service Provider’s branding accrues solely to the Service Provider.

11. Limitation of Liability

The Service Provider shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising from the Client’s misuse of the domain or Services. This limitation encompasses all forms of loss, damage, or expense incurred by the Client, including but not limited to loss of data, disruption of business activities, loss of profits, damage to hardware or software, and any third-party claims—such as those relating to alleged intellectual property infringement—resulting directly or indirectly from unauthorised access, prohibited conduct, or breach of these Terms by the Client. Furthermore, the Service Provider expressly disclaims any responsibility for damages caused by viruses, malware, or other harmful code uploaded, transmitted, or distributed by the Client, as well as for any infringement of third-party intellectual property rights or violations of laws and regulations attributable to the Client. The Client acknowledges and accepts that the Service Provider’s liability is strictly limited, and that the Client bears full responsibility for their actions while using the domain or Services, including the obligation to defend and resolve any third-party claims arising from such actions. This limitation remains in force regardless of whether such damages or claims were foreseeable or whether the Service Provider was made aware of their possibility. The Client further recognises that the Service Provider is not accountable for third-party content, unauthorised access to the Client’s systems resulting from the Client’s negligence, or any disputes or claims stemming from the Client’s violation of intellectual property protections.

12. 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 12 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 12. The terms of this Section 12will 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.

13. 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.

14. Indemnity

The Client agrees to indemnify and hold harmless the Service Provider, its affiliates, employees, and agents against any claims, damages, liabilities, or expenses arising from the Client’s breach of these Terms or misuse of the Services. This includes responsibility for all related legal fees, penalties, regulatory fines, and third-party claims, whether arising directly or indirectly from the Client’s actions. The Client must also promptly assist the Service Provider in defending against such claims. This clause is intended to protect the Service Provider and its associated parties from any losses or proceedings resulting from the Client’s non-compliance or improper use of the Services.

15. Term and Termination

15.1 Non-Quarterly Plans

Non-Quarterly Plans: This Agreement starts on the Effective Date and continues for twelve months (“Initial Term”). It automatically renews for another twelve months unless either party gives written notice of non-renewal at least 45 days before the term ends. Termination or non-renewal does not affect rights or liabilities accrued before the termination date.
If the Buyer changes the plan via a revision agreement, the Buyer must continue with the revised plan for at least 12 months from the change date (lock-in period), during which termination is not permitted.

15.2 Quarterly Plans

This Agreement begins on the Effective Date and lasts three months (“Initial Term”). It auto-renews for three-month terms unless either party gives at least 30 days’ written notice before the term ends. Termination or non-renewal does not affect accrued rights or liabilities.

15.3 Biennial Plans

This Agreement is effective for 24 months from the Effective Date (“Initial Term”) and auto-renews for 24-month periods unless either party gives at least 60 days’ written notice before the term ends. Accrued rights or liabilities remain unaffected by termination or non-renewal.

15.4 Breach

For breaches, the non-breaching party must give written notice:

• 5 days to cure for monetary breaches or solicitation of employees,
• 10 days for other material breaches.

If not cured, the non-breaching party may terminate the Agreement. This does not limit other remedies.

15.5 Service Provider Termination

The Service Provider may terminate this Agreement without cause by giving 45 days’ written notice. Discounts will be honoured unless termination is for cause.

15.6 Applicability

These terms apply to all Service Plans purchased by the Buyer, unless otherwise agreed in writing.

16. Termination of Access

The Service Provider may, at its sole discretion, suspend, restrict, or terminate the Client’s access to the domain for any breach of these Terms or applicable laws, including misuse of services or unauthorised activities. Such action may be taken immediately and without prior notice, and may include temporary or permanent restrictions depending on the severity of the violation. This right covers, but is not limited to, unauthorised use of intellectual property, infringement of third-party rights, failure to comply with indemnity obligations, or employee solicitation in breach of the agreement. Suspension or termination does not release the Client from any ongoing obligations, including indemnity and settlement of outstanding liabilities. This provision ensures compliance and protects the Service Provider’s interests.

17. 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 15A, the service provider has the right to increase the fees on an annual basis by up to but not greater than 6.5%.

18. 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

19. Late Fees and Suspension Fees

If payment is not made by the Due Date, the Buyer will incur a late fee of either 2% of the outstanding amount or $10.00 US, whichever is higher, until the 5th day after the Due Date. From the 6th day onwards, a 2% daily late fee applies. If full payment, including late fees, is not received within fourteen days, the Service Provider will suspend all Services until dues are cleared. A $50.00 US Suspension Fee applies for service suspension and reinstatement. The Buyer is responsible for delays caused by card failures. To dispute any invoice charge, the Buyer must submit a written notice with supporting documents within thirty days of the invoice date. Failure to do so waives all rights to dispute the charge or seek related claims or reimbursements.

20. Third-Party Beneficiaries

Except as expressly stated in this Agreement, no rights are granted to anyone other than the Parties and their respective successors and approved assigns. However, the customer acknowledges that each provider of a third-party product or service defined as a third-party beneficiary in the contract is entitled to enforce the terms and conditions relevant to its goods or services.

21. 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/en-us/legal/intellectualproperty/copyright/default
• G Suite: https://policies.google.com/terms
• cPanel & WHM: https://cpanel.net/legal-notices/
• Plesk: https://www.plesk.com/legal/
• Softaculous: http://softaculous.com/softaculous/tos

22. The Company as Reseller or Sub-licensor

As a reseller or sub-licensor, the Company may utilise third-party services, hardware, software, and equipment. The Company shall not be held liable for any modifications to the Services—including upgrades or changes—that may impact the performance or render any Resold Products obsolete. Any failure or defect in Resold Services, whether sold, sublicensed, or otherwise provided to you by the Company, shall not constitute a breach of the Company’s obligations under this Agreement.
Your rights and remedies regarding the ownership, licensing, use, or infringement of any Resold Product are limited strictly to those granted by the original manufacturer. You are authorised to use only those Resold Products provided by the Company, and solely in accordance with the terms of this Agreement. You must not copy, modify, reverse-engineer, or use any Resold Product except as directly related to your use of the Services.

23. Account Security and Company Systems

You are solely responsible for any misuse of your account and must take all necessary steps to prevent unauthorised access. Do not share your password or account access with unauthorised users, as you will be accountable for any resulting actions. Attempts to access another user’s account or compromise other networks are strictly prohibited and may result in service termination.
Always use strong passwords and ensure your programmes and scripts are secure with correct directory permissions. Weak passwords may lead to account suspension until updated. We may conduct audits, and if a weak password is detected, you will be notified and given time to update it.
Our services and associated networks are for authorised customer use only. We may monitor usage to ensure compliance and protect security, and by using our services, you consent to such monitoring. Accounts accessing third-party networks without proper written consent may be suspended, and we may request proof of authorisation.
If your account is compromised, it may be disabled or terminated. Failure to resolve ongoing issues after notification may also result in suspension. Account clean-up services are available upon request for an additional fee.

24. Quality Verification System

The Service Provider has established an internal quality verification system (“Quality Verification”) to assess and enhance the delivery of its Services. This system is utilised by the Service Provider to evaluate both the personnel and methodologies employed in providing the Services. Should the Buyer wish for specific aspects of the Services to be incorporated into the Quality Verification process, such requests must be made in writing. The Service Provider will review these requests in good faith; however, the ultimate decision regarding their inclusion remains solely with the Service Provider. The findings from the Quality Verification are intended exclusively for the Service Provider’s internal use. Disclosure of these results to the Buyer will be at the sole discretion of the Service Provider, and any such information will be regarded as Confidential Information.

25. Force Majeure

The Service Provider shall not be held responsible for any delay or failure to fulfil its obligations under this Agreement that arises from circumstances beyond its reasonable control. Such circumstances may include, but are not limited to, acts of God, natural disasters, war, terrorism, strikes, lockouts, pandemics, governmental restrictions, or interruptions in communication or utility services. In the occurrence of any such event, the Service Provider’s obligations under this Agreement shall be suspended without penalty for the duration of the disruption, and all relevant timelines shall be automatically extended accordingly. The Client shall not have the right to claim damages or seek termination of this Agreement owing to such delay or non-performance. Furthermore, if the force majeure event persists for more than ninety (90) days, the Service Provider reserves the right to terminate this Agreement without incurring any liability.

26. 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 business. Such communication includes day-to-day communication on tasks being handled by the Service Provider, periodic feedback collection, and occasional marketing emails.
• 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 under California Civil Code Section 1789.3, to initiate a complaint about the Services, Buyer may contact the Service Provider at the address set out in this Agreement. If Buyer is dissatisfied with the response, Buyer may also contact 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

27. 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.

28. 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.

29. 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.

30. Disclosure to Law Enforcement

The Service Provider may disclose information, data, or records about the Client or its use of the Services to law enforcement, regulatory authorities, or government agencies as required by law, regulation, or legal process. Such disclosures, which may include personal and confidential data, can be made without prior notice if necessary for legal compliance, protection of the Service Provider’s rights or property, or investigation of unlawful activities. The Client waives any claims against the Service Provider for such lawful disclosures.

31. Governing Law & Jurisdiction

In case of any dispute related to this Agreement, the parties shall first seek to resolve the matter through good faith negotiations between their executives. However, either party may approach a court of competent jurisdiction for legal or equitable remedies if the dispute concerns intellectual property, non-solicitation, or confidentiality. This Agreement is governed by Arizona law. Legal proceedings shall be held in the Superior Court of Maricopa County, Arizona (state court) or the Federal District Court for the District of Arizona (federal court). The parties agree to the jurisdiction of these courts, waive the right to jury trial, and accept orders from such courts as binding. If any provision is deemed unenforceable, the rest of the Agreement shall remain effective.

32. 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.

33. 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.

34. Notices

All notices must be in writing and delivered personally, by certified mail (return receipt requested), by express delivery service, or by facsimile, to the addresses specified below or as otherwise notified in writing. Notice is deemed received:

• On the day of personal or express delivery.
• Three days after posting via mail or a recognised overnight carrier.
• On the date of confirmed facsimile transmission if sent before 5:00 p.m. Arizona time on a business day (or the next business day if sent after 5:00 p.m. or on a non-business day).

Invoices may be sent to Buyer by email at the listed address, considered delivered one business day after sending. Buyer must keep the email address current by notifying Service Provider in writing of any changes; failure to do so does not excuse any obligations under this Agreement.

35. Service Provider Warranties and Indemnification

The Service Provider warrants it is qualified and able to perform the Services professionally and independently, and is not bound by conflicting obligations under this Agreement. The Service Provider further warrants ownership or sufficient rights in all copyrights and trade secrets required to perform the Services, and to its knowledge, the Services do not infringe third-party copyrights or patents. The Buyer warrants they have the authority and all necessary permissions to provide Service Provider with required data, including personally identifiable and credit card information, and that they comply with all relevant laws. The Buyer also confirms no export licences are needed for the Service Provider to access or process such information. Except as expressly stated in the “Service Provider Warranties” section, all other warranties are disclaimed.

THE SERVICE(S) ARE PROVIDED AS-IS. BUYER’S USE OF THE SERVICE(S) IS AT ITS OWN RISK. SERVICE PROVIDER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS, AND/OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE(S), WILL MEET ANY OR ALL OF BUYER’S EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY BUYER; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE, OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON SERVICE PROVIDER’S BEHALF. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR (I) LOST PROFITS; (II) LOSS OF BUSINESS; (III) LOSS OF REVENUES (EXCEPT THAT CUSTOMER SHALL BE LIABLE FOR ANY SERVICE FEES OR OTHER AMOUNTS OWED TO SERVICE PROVIDER UNDER THISAGREEMENT); (IV) LOSS OF DATA OR INTERRUPTION OR CORRUPTION OF DATA; (V) ANY CONSEQUENTIAL OR INDIRECT DAMAGES; OR (VI) ANY INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES (IF APPLICABLE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER TYPE OF DAMAGES OTHER THAN DIRECT DAMAGES. IN NO EVENT WILL SERVICE PROVIDER BE LIABLE TO BUYER IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIM OF LIABILITY UNDER THIS AGREEMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY BUYER TO SERVICE PROVIDER DURING THE THREE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; BUYER AGREES THAT IN THOSE JURISDICTIONS SERVICE PROVIDER’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW

36. Limitation of Service Provider’s Liability and Indemnification

Indemnity. The Service Provider shall, at its own expense, defend the Buyer against any claim that the Buyer’s or its customer’s use of the Services infringes copyright or patent rights, provided: (i) the Service Provider is promptly notified in writing; (ii) any delay in notification does not compromise the Service Provider’s position; (iii) the Service Provider controls the defence and settlement; (iv) the Buyer reasonably assists as requested; and (v) the claim relates to Services wholly owned or developed by the Service Provider.
The Service Provider’s liability is limited to the amount paid by the Buyer for the Services, with the maximum liability being a refund of those costs. The Buyer shall indemnify and hold harmless the Service Provider, its affiliates, and related parties against any third-party claims, damages, losses, or expenses (including reasonable legal fees) arising from: (i) the Buyer’s use of the Services; (ii) breach of Service Provider policies; (iii) breach of Buyer’s representations or obligations; (iv) Service Provider’s use of Service Intellectual Property; and (v) any acts or omissions by the Buyer. These obligations survive termination of this Agreement. The Buyer also agrees to indemnify the Service Provider for any claims arising from its customers’ use of the Services or resulting products. This Agreement does not create any rights or obligations between the Service Provider and the Buyer’s customers.

37. Service Provider Employees; Indemnification

Service Provider and its employees are not considered employees of Buyer and are not entitled to Buyer’s employee benefits. Service Provider is responsible for all statutory benefits and will maintain adequate insurance for worker’s compensation, disability, and coverage against property damage or bodily injury arising from its actions. Service Provider shall indemnify Buyer against any legal obligations to pay employment-related taxes or claims for Service Provider’s personnel, and against any claims, damages, or expenses (including legal fees) resulting from property damage or personal injury caused by Service Provider or its employees. These obligations continue after this Agreement ends.

38. Acceptance

By accessing or using the Service Provider’s domain, the Client accepts and agrees to be legally bound by these Terms. Any interaction with the website, platform, or services—such as browsing, registering, or submitting information—constitutes acceptance of all provisions in this Agreement. Continued use implies ongoing acceptance of any updates, which the Client is responsible for reviewing. If the Client disagrees with any Terms, they must immediately stop using the Service Provider’s domain and services.