TERMS & CONDITIONS

Terms and Conditions for the Provision of Services.

Eicra.com (hereinafter referred to as "Eicra Soft Limited") provides web hosting and web enabled service to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Eicra services. Once an order is placed with Eicra, you concur that you are in agreement with and bound by the terms and conditions below.

  • Any work done by Eicra for any client, which includes the scripts, coding or software, unless mutually agreed, will be copyright of Eicra and should not be commercially reproduced or resold without the knowledge and permission of Eicra.
  • Eicra cannot be held liable for copyright violations caused by materials and content submitted by the client.
  • Eicra will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  • Eicra will not be liable for non execution of project for certain reasons not in control of IT Chimes.

To the fullest extent permitted at law Eicra Soft Ltd provide this website and its contents on an 'as is' basis and we make no warranties until a client enters into an agreement with us on pay for service basis. Then the agreement of the service will determine the nature of representations and warranties.

Eicra Soft Ltd seeks to ensure that all material on this site is accurate and current. However, Eicra Soft Ltd is not responsible for the content of any external websites which may be linked to from this site.

TherThe following terms and conditions will apply to general web site design services offered by Eicra Soft Ltd. By ordering services from Eicra Soft Ltd you are agreeing to the following terms and conditions. If Eicra.com enters into a specific written agreement with you then the details of that agreement will determine the nature of representations of that particular agreement relating to payments, deliverables etc.

  • We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright.
  • The acceptance of a commission shall be deemed as a contractual agreement between the client and Eicra Soft Ltd.
  • Eicra Soft Ltd cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.
  • All material, both text and images, supplied by the client and used in the construction of the client's web site, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
  • The copyright for all material provided by Eicra Soft Ltd , such as HTML code, graphics, photographs and text, will remain the property of Eicra Soft Ltd until such time as payment has been made in full.
  • Eicra Soft Ltd makes every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
  • Eicra Soft Ltd can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion, chooses not to list a client's web site.
  • Eicra Soft Ltd will initially place the client's website on one of Eicra Soft Ltd's demonstration servers during development in order that the client may view and comment upon the website's progress. When both Eicra Soft Ltd and the client agree that the website meets the criteria agreed during the commissioning process, Eicra Soft Ltd will invoice the client for the full amount due for the commission. On receipt of payment, Eicra Soft Ltd will publish the website on the client's server, or provide the source code for the site via a download (or cd-rom disk) for the client to upload.
  • If at any point during the Website Development Cycle a client wishes to cancel, they may do so and the client will be refunded his payment already made but must not use any of the works done by Eicra Soft Ltd in any manner.
  • If, during the Website Development Cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Eicra Soft Ltd may charge extra to restart work on that project.
  • Eicra Soft Ltd expects payment by cheque, credit card or cash within 07 days of the date on the invoice.
  • Any payment returned by the bank or credit card company will incur a 60 USD administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.
  • Eicra Soft Ltd does not undertake to maintain or update a client's website as part of the design commission. If a client wishes Eicra Soft Ltd to maintain or update a web site as a separate commission, Eicra Soft Ltd will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
  • Eicra Soft Ltd reserves the right to alter prices at any time without notice. If a client has commissioned any services from Eicra Soft Ltd prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
  • By agreeing to these terms and conditions your statutory rights are not affected.
  • Eicra Soft Ltd reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions.


Third Party Content

We have partners and other suppliers who provide us with their content. You can use it, but again, only for personal use and with no changes, unless you get permission directly from that partner. Eicra also can't take any responsibility for the verifiability or truthfulness of any claims, warranties or fitness for any particular purpose, whether stated outright or implied.


Links to Third Party Sites

Eicra does not endorse any links that lands up on its pages


Proprietary Rights

Any trademarks, copyrights or logos you see on the site are the property of Eicra


Copyright and Trademark Infringement

We respect the intellectual property rights of others and we ask our Eicra users to do the same. If you are a copyright holder and believe that your work has been borrowed/stolen, altered, illegally copied or misused in any other way, please let us know.


Limitation of Liability

Only you will be liable for any illegal activity while you are utilizing the resources of Eicra


TRADEMARKS

Eicra content and other Eicra graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks.


Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. Each User is solely responsible for all installation, maintenance, security and backup of the operating system, software, files and data used in the User's Container, as well as any reinstalls and changes. This service is provided to you as a courtesy. Eicra is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Eicra servers. Backups. For its own operational efficiencies and purposes, Eicra from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON Eicra SERVERS, AND under no circumstance will Eicra be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Eicra server. Eicra will not attempt to back up accounts that exceed 50,000 files or 20 Gigs of space for any reason..


ENFORCEMENT


Investigation of Violations

Eicra Soft Limited may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Eicra Soft Limited will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.


Eicra

Actions

Eicra Soft Limited reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, Eicra Soft Limited may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Eicra Soft Limited 's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Eicra Soft Limited which, in Eicra Soft Limited 's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Eicra Soft Limited to civil or criminal liability or public ridicule. It is Eicra Soft Limited 's policy to terminate repeat infringers. Eicra Soft Limited's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If Eicra Soft Limited takes corrective action due to such possible violation, Eicra Soft Limited shall not be obligated to refund to you any fees paid in advance of such corrective action.


Disclosure Rights

To comply with applicable laws and lawful governmental requests, to protect Eicra's systems and customers, or to ensure the integrity and operation of Eicra's business and systems, Eicra Soft Limited may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Eicra's servers and systems. Eicra Soft Limited also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.


WARRANTY DISCLAIMER

Customer and/or Third Party Acts

Eicra Soft Limited is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, Eicra Soft Limited is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Eicra's reasonable control.


Customer and/or Third Party Acts

Eicra Soft Limited is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, Eicra Soft Limited is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Eicra's reasonable control.


No Express or Implied Warranty

ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY Eicra Soft Limited UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT Eicra Soft Limited EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH Eicra Soft Limited's COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. Eicra Soft Limited DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, Eicra Soft Limited DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.


Your Warranties and Representations to Eicra Soft Limited

You warrant, represent, and covenant to Eicra Soft Limited that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.


LIMITATION AND EXCLUSION OF LIABILITY

Limitations

IN NO EVENT SHALL Eicra Soft limited HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Eicra Soft limited , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. Eicra Soft limited SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Eicra Soft limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Eicra Soft limited TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Eicra Soft limited BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Eicra Soft limited UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Eicra Soft limited FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.


Interruption of Service

You hereby acknowledge and agree that Eicra Soft limited will not be liable for any temporary delay, outages or interruptions of the Services. Further, Eicra Soft limited shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).


Maintenance

You hereby acknowledge and agree that Eicra Soft limited reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Eicra Soft limited will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
Last Revised: SEP 9, 2013
(END of Terms and Conditions)
Copyright © 2007-2013 Eicra.com, All Rights Reserved.