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TERMS
AND CONDITIONS
The contract
between the applicant and "ZEN Software Labs" contains the following terms and
conditions.:
I. REGISTRATION
1. ZEN Software Labs "(here after referred as "ZSL")will:
i. Process the application and accordingly consider whether to accept or reject
it in accordance with the criteria for the Domain and Sub-Domains in force.
(At the time of the application for the registration)
ii. (if the application is accepted) Enter the Domain Name and other relevant
details in the Register of ZSL as a pending registration and, on receipt of
the fee convert the pending registration to a full registration.
2. The initial registration period is one year from the date of the application
for registration. Thereafter, the registration may be renewed indefinitely for
further period of one or more years, on payment of the renewal fees applicable
at the time of re-registration, and subject to point 13 below.
3. No refund of fees will be payable by ZSL after a full registration i.e. once
the Domain Name and the Applicant's details have been entered in the Register
of ZSL permanently.
II PAYMENT
All payments are to be made in favour of 'ZEN Software Labs' and payable at
New Delhi. No outstation cheques will be accepted. There would not be any responsibility
of ZSL to register your domain against outstation cheques.
III Cancellation
ZSL reserves the right to cancel, suspend or refuse any e-mail accounts, web
space allocation or search engine notification process at any time if it is
decided that the Applicant is abusing these services by either allowing bulk
e-mailing through the account, using the webspace for the display of or use
for immoral, illegal or any other purpose which ZSL considers to be illegal,
unsuitable or inappropriate. Also, If the traffic on the Applicants webspace
on our servers is considered to be too heavy or too excessive, ZSL reserves
the right to cancel the webspace and refund the part of the fees paid relating
to the webspace. In the event that the webspace is being used for illegal or
immoral purposes, and an e-mail and webspace account is cancelled, the Applicant
will be charged by ZSL for all administrative costs and expenses incurred and
involved in any such cancellation, and if a domain name has to be moved or repointed
then ZSL reserves the right to charge this cost at our hourly rate in force
at that time. Furthermore, in this event a domain name will not be released
until such charges are settled in full and final settlement. ZSL reserves the
right to amend, change or alter our terms and conditions without prior notice.
IV GENERAL
1. ZSL is entitled to register Domain Names on a first come, first served basis,
whether it has received payment for their registration or not; and, until ZSL
has confirmed it as a pending registration, there is no guarantee that the Domain
Name applied for will be entered in the Register as such. Applicants are advised
not to take any action in respect of the registration of a Domain Name before
it becomes a full registration
2. ZSL may cancel the registration or suspend the delegation of a Domain Name
in an exceptional circumstances which include, in particular:
i. If maintaining the registration would compromise ZSL by placing it in conflict
with statutory obligations or the terms of a Court Order, or
ii. where the registration or use of the Domain Name conflicts with the criteria
for the Domain And Sub-Domains in force at the time of the application for registration
3. ZSL does not accept any responsibility for the use of any Domain Name on
the Register of Domain Names and in particular for any conflict with trade marks,
registered or unregistered, or with rights to names in other contexts
4. ZSL liability to the Applicant under the contract or otherwise (including
liability for negligence) is limited to 100% of the registration fees paid in
respect of a particular period of registration.
5. The Applicant warrants to ZSL that the details submitted by the Applicant
to ZSL are true and correct, and that future additions or alterations to those
details will be true and correct.
6. ZSL will use its reasonable endeavours to ensure that the appropriate details
of the Applicant's registration are correctly entered and maintained in the
Register of Domain Names. All conditions and warranties which may be implied
(by law or as a result of prior negotiations) into the contract between ZSL
and the Applicant are excluded to the extent permitted by law. In no circumstances
will ZSL be liable for any loss of profit, business or anticipated savings suffered
by the Applicant.
7. The applicant warrants to ZSL that neither the registration of the Domain
Name nor the manner in which the Domain Name is directly or indirectly used,
infringes the legal rights of a third party. ZSL remedies under this warranty
will continue to be available after completion of the registration process and
notwithstanding any subsequent surrender, cancellation or transfer of the registration
of the Domain Name.
8. The Applicant indemnifies ZSL and each of the owners & directors against
any claim that the registration of the Domain Name or the manner in which the
Domain Name is directly or indirectly used infringes the legal rights of any
third party (except for claims arising from ZSL negligence or breach of the
terms of the contract); and indemnifies them against the reasonable costs and
expenses, however they may arise, incurred in defending or dealing with such
a claim.
9. The Register of Domain Names will include the names of the Applicant and
the Administrative Contact and other details relating to them. This information
(if it refers to individuals) is `personal data' for the purposes of data protection
legislation.
10. If any clause of these terms and conditions is held to be invalid or unenforceable
in whole or in part, the invalid or unenforceable wording shall be deemed to
be omitted
11. The contract may be assigned by ZSL.
12. ZSL may change the terms and conditions of the contract on renewal or transfer
of the registration of the Domain Name. All transfers and renewals will be made
under Zen Software Labs, Terms & Conditions for the Registration of Domain Names
current at the time of the transfer or renewal and, in the case of a transfer,
as agreed by the Transferor
13. Any notice to be given under the contract shall only be deemed to be served
if delivered by hand or sent by pre-paid post, by fax or e-mail, to the party
to whom it is given at its last known postal or e-mail address or fax number.
The notice will be effective: if delivered, on delivery; if sent by fax or e-mail,
when the sender receives confirmation of receipt; and if sent by post, on the
fourth day after posting
14. These terms and conditions, constitute the entire agreement between ZSL
and the Applicant for the registration of the Domain Name, and supersede all
prior agreements, understandings and representations whether oral or written.
Subject to clause 13 above, no variation may be made to the contract unless
it is in writing and signed by authorised representatives of the Applicant and
ZSL. 16. The contract shall be governed by the law of the country which the
domain name comes under, and the Applicant and ZSL submit to the exclusive jurisdiction
of the Courts governed by the law of the country which the domain name comes
under
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