TOS (terms of service) applies automatically to all Tagance clients upon subscription to the Services including subscription through a third party or any commercial partner. BY SUBSCRIBING TO Tagance’S SERVICES YOU ACCEPT THE POLICIES LISTED IN THIS DOCUMENT AND ACCEPT TO RESPECT THEM. The service order is described as the package description as presented on the web In this document, Tagance Shared Hosting sections apply to subscribers of the Shared Hosting packages, Tagance Dedicated Servers sections apply to Dedicated Servers subscribers, Tagance VPS sections apply to VPS subscribers, Tagance Domain and SSL section apply to Domain registration and SSL certificates and Tagance Software Licensing apply to Software Licensing.
Tagance agrees to provide services described in the Service Order(s) signed by the parties (“Services”) to the customer subject to the following Terms of Service (TOS). Use of Tagance services constitutes acceptance and agreement to these Terms of Service and all attachments. Tagance will make all reasonable efforts to provide a quality service to the Customer.
Tagance will use the customer’s personal information only as reasonably necessary to provide contracted services and to collect fees and will not disclose such information to any third party except as required by law as evidenced by an order of a court of competent jurisdiction and to collection services if needed. The Customer authorizes Tagance to use its name, business name and comments in marketing documents.
A. Shared Hosting
B. Dedicated and Virtual Servers
C. Domain Registrations and SSL Certificates
D. Software Licensing
E. Bandwidth Services
F. Other Services
A. Shared Hosting
The Customer agrees to use resources as described in the Acceptable Usage Policy. If a customer found abusing the service in that case Tagance reserves all the rights to suspend/terminate his/her account. As per our TOS the customer agrees to provide the legal documents if asked.
B. Dedicated and Virtual Servers
The Customer agrees to use bandwidth as described in the Acceptable Usage Policy and agrees that bandwidth shall not exceed the number of gigabytes per month for the Services ordered by the Customer on the Service Order Form and that number of gigabytes is the sum of the incoming and outgoing data transfer for a period of 1 month. Tagance will monitor the Customer’s bandwidth usage and shall have the right to take corrective action if the Customer’s bandwidth usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges based on the per gigabyte price stated on the Service Order. Tagance is the owner of the equipment used by the customer and grants a license to use this equipment. The Customer has no rights on the equipment. Physical access to the equipment by the Customer is strictly prohibited. Tagance reserves all the rights to seize the server in case of DMCA violation. The customer is agrees to provide legal documents if asked as per this TOS.
C. Domain Registration and SSL Certificates
1. Domain Registration
We cannot check and are not obligate to see whether the domain name you select/transfer, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we might turn to you to hold us harmless and indemnify us.
A domain can be registered for 1-10 years of period. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). Our contractors and we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your CRN ID or Password; (5) loss or liability resulting from errors, omissions, or mis-statements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant’s domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event our maximum liability shall exceed the amount of fees paid by you for the service/s hired by you.
2. SSL Certificates
SSL Certificates provided with the services under this agreement, has been provided by third parties, Customer hereby accepts and agrees to abide by the terms and conditions of tos of the certificate issuer.
D. SOFTWARE LICENSE
Software provided with the services under this Agreement, has been provided by third parties. All such third party provided software is licensed to Customer subject to terms and conditions of an end-user license The Agreement (“EULA”) provided as either a document accompanying such software, or as a pop-up screen during initial use of such software. Customer hereby accepts and agrees to abide by the terms and conditions of EULA associated with any third party software provided to Customer with any of the Services. Customers agree that he shall not use any pirated software.
E. Bandwidth Services and IP Addresses
Any IP Addresses allocated to the Customer by us must be maintained by the Customer in an efficient manner as deemed by ARIN and utilized at 80% within 30 days of assignment by Tagance to the Customer. Failure to comply with this Section may result in the revocation of IP Addresses by Tagance after two days’ notice to the Customer. Tagance shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Tagance, and Tagance reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. All IP requests must be fully justified.
Tagance will provide to the Customer the Internet Connectivity, IP Addresses and Internet Traffic services (collectively, the “Bandwidth Services”), as specified in the Service Order.
F. Other Services
Upon request by the Customer, Tagance may provide the Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support, in connection with the Customer’s use of the Customer Space and Bandwidth Services. The Customer agrees to pay the hourly rate of $65 USD for those other services.
Tagance shall not be responsible for any third party software neither shall it be responsible for damage caused by such software. Further Tagance for a charge at the request of the customer may configure the third party software with the Customer’s equipment, the configuration of the software shall be done as per the instructions of the third party, Tagance shall not be liable for any damages arising due to configuration of the third party software with the customer’s equipment.
The Customer will, upon email request from Tagance‘s, relocate the Equipment, server or web site to other space offered by Tagance within 2 days of such request.
Under no circumstances will Tagance be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.
If the Customer is in default
If the Customer is in default of any of its obligations under this Agreement, then Tagance may in its sole discretion do any or all of the following: (i) without notice suspend access to the Customer Space or the Premises, (ii) if the Customer’s default is non-payment of any sums due to Tagance , exercise all the rights and remedies of a secured party under applicable law including, without limitation, with the minimum notice (if any) required by law, Tagance may seize the Equipment and sell the Equipment to third parties in satisfaction of any Customer indebtedness owing to Tagance as well as any costs (including reasonable legal fees) incurred by Tagance in exercising any remedy under this Agreement.
Billing and termination
Invoices are sent by email, upon request a copy can be sent by mail. First Month’s Payment shown in the Service Order must be paid by the Customer to Tagance before commencement of the Term. All other invoices must be paid by the Customer within 2 days from the date of Tagance‘s invoices, which invoices will be issued 12 days before the end of the last paid period.
The Customer will pay Tagance the One-Time Install Fees (if applicable) and Recurring Monthly Fees specified in the Service Order, as well as any charges for Other Services the Customer will pay all applicable taxes levied against or upon the services stipulated in the Service Order (as amended by the parties from time to time) or otherwise provided by Tagance under this Agreement. All One-Time Install Fees will be payable in advance. Recurring Monthly Fees will be payable in advance upon the Customer’s chosen payment period. All other fees and the cost will be payable monthly and payment due on the renewal date. Except for the First Month’s Payment shown in the Service Order, which must be paid by the Customer to Tagance before commencement of the Term, all amounts will be payable in American Dollar or Indian Rupee within 12 days from the date of Tagance ‘s invoices, which invoices will be issued 12 days before the end of the last paid period. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not paid 7 days after due date may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Collection Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%).
Automatic debits by credit card
In the case of payments by credit card, Tagance will use the information in its possession to make a payment at the invoice date. The customer will not receive any previous notification but will receive a notice after every debit on the credit card. If ever the customer wants to disable the automatic debit, he only needs to contact the customer service via its customer hub by selecting the Finances section and “Contact billing”. If the customer wants then to re-enable the automatic debit, he only needs to mark the box “automatic debit” in his manual payment form. By submitting an initial payment or re-activating the automatic debit option, the customer confirms that he has read and accepts the conditions related to the automatic debit. In addition, the customer allows Tagance to withdraw the amount of the unpaid balance from the credit card. The client also authorizes the financial institution issuing the credit card to charge his account for the amounts related to the Tagance services. This authorization will be valid until an authorized person on the account asks to suspend the automatic debit.
Tagance Shared Hosting
The Customer will pay by pre-authorized payment to a Customer credit card, or PayPal of immediately available funds remitted to Tagance Payment by check will only be accepted for 3, 6 or 12 months prepayments.
Tagance Dedicated Servers and Tagance Colocation
The Customer will pay by pre-authorized payment to a Customer credit card, by wire transfer or PayPal of immediately available funds remitted to Tagance Payment by check and wire transfer will only be accepted for 3, 6 or 12 months prepayments.
Service will be interrupted on past due accounts after a 48 hours notification. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not collectible by Tagance may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Upon 30 days or greater written notice prior to the end of the initial commitment, Tagance may change any fees payable under this Agreement.
Term and termination
The term of this Agreement shall begin upon the date the server is installed and made available to the customer and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month. Agreement is renewed for successive 1 month after initial commitment until terminated by either Party. After initial commitment stated on the service order, either party may terminate this Agreement on the account’s anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
Service downgrades and upgrades
Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account’s anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on September 8, this account may be modified on the 8th of each month once the original commitment is over). Service upgrades, however, may take effect at any time.
Any prepayment is a commitment regarding the payment period that cannot be refunded outside the terms of the satisfaction warranty which applies for 24 hours following the opening of the account. However, when closing a product, the account may be credited with the value of advanced payments for that product. The credit may be used for further purchases at Tagance.
The billing errors can be credited retroactively for a period of up to two (2) months.
Upon account activation, Tagance reserves space, equipment and resources for the customer’s needs. The Customer must pay its account even if he is not making any use of it.
The Customer hereby authorizes Tagance and gives consent to Tagance under applicable privacy laws for Tagance to obtain credit information and bank and other financial references regarding the Customer for the purposes of assessing the Customer’s credit worthiness, and the Customer will promptly execute and deliver to Tagance such further documents and assurances and take such further actions as Tagance may from time to time reasonably request in order to carry out the intent and purpose of this Section.
Limitation of Liability
THE CUSTOMER ACKNOWLEDGES THAT Tagance PERMITS OTHER CUSTOMERS TO INSTALL THEIR SOFTWARE AND EQUIPMENT IN THE PREMISES. Tagance WILL HAVE NO LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES INCURRED BY THE CUSTOMER (OR ITS CUSTOMERS) CAUSED BY SUCH OTHER LICENSEES’ ACTS, EQUIPMENT, SOFTWARES, ACTIVITIES OR FAILURES TO ACT. THE LIMIT OF Tagance ‘S LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR BY STATUTE OR OTHERWISE TO THE CUSTOMER (OR ITS CUSTOMERS) CONCERNING PERFORMANCE OR NON-PERFORMANCE IN ANY MANNER RELATED TO THIS AGREEMENT, FOR ANY AND ALL CLAIMS WILL NOT, IN THE AGGREGATE, EXCEED THE TOTAL FEES PAID BY THE CUSTOMER TO Tagance UNDER THIS AGREEMENT IN THE IMMEDIATELY PRECEDING 3 MONTHS FROM THE DATE THE CLAIM AROSE. IN NO EVENT WILL Tagance BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES.
Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, nor other similar event beyond the control of the party affected (“Force Majeure”). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This Section will not apply to excuse a failure to make any payment when due.
Tagance Shared Hosting
Tagance will make all possible efforts to provide a backup mechanism and keep complete backup copies of all shared hosting solutions. However, the customer must keep a personal backup copy of its software, sites, databases and all hosted content. Tagance should not be held responsible of any loss of data or data corruption.
Tagance Dedicated Servers and Virtual Servers
Tagance can, upon request and as a service upgrade involving monthly fees, provide backup service for colocation and dedicated server customers. The customers interested in such services must order it using the appropriate online form.
The Customer in the normal course of its business may resell to its customers use (subject to all the terms of this Agreement) of the Customer Space, Resources and Bandwidth Services provided by Tagance to the Customer pursuant to this Agreement, except that the Customer will not allow such customers to interconnect with other users in the Premises Any act or omission of any such customer that would be a breach of this Agreement if committed by the Customer will be deemed a breach of this Agreement by the Customer. The Customer agrees to defend, indemnify and hold harmless Tagance, and its officers, directors and employees (collectively, the “Indemnities”), from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from (i) any act or omission of any such the customer that would be a breach of this Agreement if committed by the Customer, and (ii) any claim by any such customer arising from use of the Premises, services provided by Tagance under this Agreement or otherwise from performance or non-performance by a party in any manner related to this Agreement.
Responsibility for Content
The customer is solely responsible for the content stored on and served by his servers.
This Agreement shall be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to the jurisdiction to the Territory Region of Jodhpur (Rajasthan).
This Agreement including the attachments hereto and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, Tagance MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority, this main agreement will take second priority and the attachment will take third priority in interpreting the parties’ rights and obligations.
Complaints or TOS & AUP violations must be reported to [email protected]
Changes and rights
Tagance may vary these rules and regulations from time to time in its sole discretion, and the Customer will comply with all other reasonable security requirements that Tagance may impose from time to time, provided that the Customer has been given 30 days’ notice.Top