Terms of Service
HostBooks Software Services
Please, review the agreement terms (“Agreement”) thoroughly before using the software services of HostBooks Limited (referred to as “HostBooks”, “we”, “our”, or “us”). This is a legal agreement between HostBooks Limited and a person competent to contract under Indian Contract Act, 1872 (“You”, “User” or “Users”) for the HostBooks Software Services. By accepting these agreement terms electronically or by any other means like, accessing and/or using the HostBooks Software Services, you (assumed a person competent to contract under Indian Contract Act, 1872) agree to the agreement terms and it indicates that you have read, understood and assent to be bound by the terms of this Agreement. If the person accepting, accessing and/or using the HostBooks software services is an individual working for some other person/company as representative (“Agent”), this agent is agreeing to the terms and conditions of this Agreement on behalf of such person/company and represents and warrants to HostBooks that he/she has full authority to enter into this Agreement on behalf of such person/company. If, anyhow you are do not agree to the Agreement terms, you may not use the HostBooks Software Services.
AGREEMENT TERMS AND CONDITIONS
This Agreement hereunder read and describes the terms governing the use of HostBooks Software Services which may be licensed on a monthly or yearly subscription basis, as offered and selected by you or your agent provided through HostBooks website including all software, cloud, content, platform, forum, information, updates and releases collectively, the “Services” and it includes by reference.
- i) HostBooks’s Privacy Statement on the website or provided otherwise.
- ii) Third parties Terms and Conditions and Additional Terms and Conditions provided.
iii) Any other separate terms provided for the Services, including ordering, downloading, product or program terms, activation and/or payment terms etc.
- RIGHTS TO USE THE SOFTWARE SERVICES
2.1 The HostBooks Software Services are protected by intellectual property laws in India and users are granted the right to use the Software Services only for the purposes described by HostBooks. HostBooks grants the users limited, personal, non-exclusive, non-transferable license and right to use of the Software Services. HostBooks reserves all other rights in the HostBooks Software and Services.
2.2 If users are registered for a trial version of HostBooks software services (“Trial Period”), they must decide to subscribe a license of the HostBooks Software Services, at the current rate, within the Trial Period itself in order to retain any content that they have entered through the HostBooks Software Services, created, posted and/or uploaded during such Trial Period. If they do not subscribe for a license of the HostBooks Software Services by the end of the Trial Period, their content will no longer be available to them.
HostBooks may include new and/or updated beta features (“Beta Features”) in the HostBooks Software Service from time to time and at on its sole discretion, for use and which permit users to provide feedback (fees may or may not apply). Users hereby accept and agree that the use of the Beta Features is voluntary and HostBooks is not under any obligation to provide them with any Beta Features in future. Users hereby understand that once they have used the Beta Features, they may not be able to revert back to the earlier non-beta version of application. Further, if such re-version is possible, you may be unable to return or re-store data created with the Beta Feature back to the previous non-beta version. The Beta Features will provide on an “as is” basis and may contain errors or in-accuracies that could cause loss, corruption of data and/or information from any related device. Users accept and agree that use of the Beta Features is at their sole risk.
2.3 Users accept and agree that in order to provide them with access to and use of the HostBooks Software Services, HostBooks may provide their access information and account data to (i) their employee or agent who is identified in the registration data as the authorized user for their account (the “Authorized User”), and (ii) such other employee or agent who may be designated by them as a replacement authorized user for the their account by following the procedures required by HostBooks to effectuate such replacement. Any other person they identified as an authorized user of the HostBooks Software Services will have access to the account data subject to the access permissions assigned to them by the Users.
2.4 You accept and agree not to use or not to permit any third party, the use of the Software Services that is not according to this agreement, regulation and/or any other applicable law. You agree not to:
- i) Allow or provide any access to use and/or give any part of the software services to any third party to use.
- ii) Copy, modify, reproduce, and resell the software services.
- ACCESS TO USER’S FINANCIAL INSTITUTION SERVICES DATA
3.1 In connection with use of the HostBooks Software Service and as part of the functionality of certain versions of the HostBooks Software Services, users may wish to have access to their online account(s) and financial information, including their account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access their financial institution(s) (“Financial Login Data”) and the data made available by their financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between them and the financial institution(s) (“Financial Account Data”).
The HostBooks Software Services are designed to allow users to access and download their Financial Account Data through the HostBooks Software Services, to allow HostBooks to access their financial institution account(s) using their Financial Login Data, to allow HostBooks to download and use their Financial Account Data, and to allow HostBooks to aggregate and combine their Financial Account Data with other data.
If users lose or forget their user name or password, it will be necessary for them to return to the appropriate financial institution if they have any problems with respect to that user name or password thereof.
Users accept and agree that except as set forth this Agreement, HostBooks has no control over their Financial Login Data and no control over the access to their Finanical Account Data, does not guarantee that they will be able to use the HostBooks Software Service with their financial institution(s), and will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in their inability to use the HostBooks Software Service to access their accounts, obtain data, download transactions, or otherwise use or access their Financial Account Data.
3.2 COLLECTION OF INFORMATION, FINANCIAL LOGIN DATA AND FINANCIAL ACCOUNT DATA FROM FINANCIAL INSTITUTION WEBSITES
- i) acknowledge that in accessing their financial institution account(s) through the HostBooks Software Service, their Financial Login Data and Financial Account Data may be collected, converted, stored in encrypted form and used by HostBooks in India for the purpose of providing the HostBooks Software Service;
- ii) authorize HostBooks to (a) collect and store in encrypted form their Financial Login Data, (b) access the financial institution(s)’ websites using their Financial Login Data, from time to time; (c) download and store their Financial Account Data; (d) re-format and manipulate their Financial Account Data; (e) create and provide hypertext links to their financial institution(s) Financial Account Data; (f) enhance the type of data and services HostBooks can provide to users in the future, and (g) take such other actions as are reasonably necessary to perform the actions described in this Agreement as it relates to their use of the HostBooks Software Service;
iii) hereby represent that the financial institution(s)’ account(s) and Financial Login Data belong to them, they have the right to use the Financial Login Data and Financial Account Data as set out above and that they have the authority to appoint, and hereby expressly do appoint, HostBooks as their agent with all necessary power and authority to use their Financial Login Data and to access and retrieve their Financial Account Data, as described above, on their behalf;
- iv) acknowledge that HostBooks does not review their Financial Account Data and agree that HostBooks is not responsible for its completeness or accuracy;
- v) acknowledge that any transactions or informational activities performed at any financial institution(s)’ website are not made through the HostBooks Software Service and HostBooks assumes no responsibility for any such transactions or activities; and
- vi) acknowledge that they are solely responsible for any charges, fees or costs associated with their financial institution account(s) when accessed through the HostBooks Software Service by them or by HostBooks.
vii) some financial institution(s) may not permit HostBooks or other third parties to have access to Financial Login Data or to allow the HostBooks Software Service to access their Financial Account Data;
(viii) financial institution(s) may make changes to their websites, with or without notice to them or HostBooks, that may affect the overall performance of the HostBooks Software Service and prevent or delay aggregation of data from such websites; and
(ix) the HostBooks Software Service refreshes users HostBooks Software Service account data by collecting the Financial Account Data automatically or manually (depending on users’ financial institution(s) or any changes by users that may require an update), so users most recent transactions may not always be reflected in the account balances or other account information presented to users by HostBooks through the HostBooks Software Services. If users see a discrepancy in their HostBooks Software Service account data as compared to their Financial Account Data, and in any case before making any transactions or decisions based on such account data presented in the HostBooks Services, users should check the last refresh date for their financial institution account(s) and confirm the accuracy of the HostBooks Software Service account data against their Financial Account Data and manually update such data as necessary.
3.3 ONLINE DATA TRANSFER
Users may have the option for HostBooks to transfer their data files from the HostBooks Software Service in order to facilitate certain interoperability, data integration, and data access between the HostBooks Software Service and certain supported ancillary services (the “Ancillary Services”) users may sign up for and use in connection with the HostBooks Software Service (the “Online Data Transfer”).
In order for users to select the Online Data Transfer option, they must:
- i) have registered selected versions of the HostBooks Software Service;
- ii) have Internet access;
iii) have an active subscription to the HostBooks Software Service; and
- iv) and may need to be an active subscriber to the Ancillary Services.
If users select the Online Data Transfer option, a copy of all or part of their company data files will be transferred via the Internet to HostBooks servers; where users grant HostBooks the right and license to:
- i) host and maintain their data,
- ii) use and transfer their data to the Ancillary Services and
iii) re-format and manipulate their data as reasonably necessary for the data to function with the Ancillary Services. Users’ original data files will remain in the HostBooks Software Service.
If users sign up for any Ancillary Services that support Online Data Transfer, they will have the option to request that HostBooks send their data to any of those supported Ancillary Services. If a supported Ancillary Service is provided by a third party, users authorize HostBooks to transfer their data to and from the third party provider to enable provision of the Ancillary Services to them. HostBooks will support and maintain the data transfer service as part of the HostBooks Software Service. Users agree that the third party provider may transfer users data from the Ancillary Service to HostBooks, and that, HostBooks may use such data subject to the terms of this Agreement. Users accept and acknowledge that HostBooks has no control over any third party provider or any third party Ancillary Services. Users use of the Ancillary Service is subject to additional third party terms and conditions. Users hereby further accept and agree that their data, including their financial or personal information, may be transferred to a third party service provider who may be located in a country that does not have adequate security controls to protect their data.
3.4 HOSTBOOKS SOFTWARE SERVICE USE, STORAGE AND ACCESS
HostBooks shall have the right, in its sole discretion and with reasonable notice posted on the HostBooks site and/or sent to you at the current registered email address provided in the Registration Data, to revise, update, or otherwise modify the HostBooks Software Service and establish or change limits concerning use of the HostBooks Software Service, temporarily or permanently, including but not limited to:
- i) the amount of storage space users have on the HostBooks Software Service at any time, and
(ii) the number of times (and the maximum duration for which) user may access the HostBooks Software Service in a given period of time. HostBooks reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide users with electronic or written notice within thirty (30) days after such change. Users may reject changes by discontinuing use of the HostBooks Software Service to which such changes relate. Users’ continued use of the HostBooks Software Service will constitute their acceptance of and agreement to such changes. HostBooks may, from time to time, perform maintenance upon the HostBooks Software Services resulting in interrupted service, delays or errors in the HostBooks Software Services. HostBooks will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
The following payment terms and conditions apply on subscriptions, unless HostBooks notifies it in writing otherwise:
- i) All the payments will be billed and collect in (INR) Indian rupees, and your card and/or account will be charged when you provide payment information and subscribe for the software services.
- ii) You can pay with any of the following options:
- A valid and acceptable debit card;
- A valid and acceptable credit card;
- An Indian bank account for an electronic transfer/charge of the dues and
- By other payment options like digital Wallet acceptable by HostBooks.
iii) The registration and payment information should be accurate, current, and complete and user should notify us immediately when any such information changes. We may suspend and/or terminate any account/services, if the registration and payment information is not accurate, current and complete.
- iv) If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- v) HostBooks will automatically renew your software services subscription at the current rates, unless the software services are terminated or cancelled under this Agreement.
- vi) Other additional payment, renewal and cancellation terms may be provided on the HostBooks website for the software services.
vii) All the refunds, if authorized will be initiated in the original form of payment to HostBooks.
- USE OF THE SOFTWARE SERVICES ON MOBILE DEVICES
The use of our software services may be available on compatible mobile devices and may require additional software and internet service. You accept and agree that you will be solely responsible for these requirements and the terms of such service providers.
HostBooks gives no assurance, warranties or any representation, express or implied as to:
(i) Any availability of the telecommunication resources and services from any such service provider and access to the services from any location or at any time;
(ii) Any security intrusion, damage and/or loss of the telecommunication services and
(iii) Any information disclosure to third parties or not to transmit and convey any information, data, or any setting related and connected with the services.
- USERS’ PERSONAL DATA AND INFORMATION
Users can go through HostBooks Privacy Statement provided on the HostBooks website. You accept and agree to the HostBooks Privacy Statement, and changes published by HostBooks. Users/You accept and agree that as part of the software services, HostBooks may use and maintain users/your data according to the HostBooks Privacy Statement. Users/You also give permission to HostBooks to aggregate non-personally identifiable data/information which users/you enter and/or upload with that of other users of the Services. This means that HostBooks may use that aggregated data and information to improve software services, design services promotions and/or compare business practices with other software service users.
7.1 Users/You are legally responsible for all their/your content which includes but not limited to any data, information, text, graphics, software and/or other materials (“Content”), which is used through their/your use of the software services. Users/You grant HostBooks a free worldwide non-exclusive license to host and use the content in order to provide them/you with the software services. Users/You are advised regularly backup/archive their/your content. Users/You are personally responsible for any content that may be lost and/or un-recoverable through their/your use of the software services. Users/You accept and agree that they/you will not use the software services to use any information or data that is not in accordance with the law of India. Any users suspected of having information which involves any activities prohibit by law may have their software services terminated, data deleted and also may be reported to law enforcement agencies in India. HostBooks is not responsible for any content you submit on HostBooks website.
Users/You accept and agree not to use the HostBooks software services to publish, up-load, link to, re-produce, transmit and/or engage in any of the following, including but not limited to:
- i) Illegal, in-appropriate and/or objectionable information and/or communication directly or indirectly under any Indian or Foreign Law;
- ii) Any content that would impression of someone else and/or falsely represent any identity or characteristics, and/or amount to be a breach of any individual’s privacy;
iii) In any write-up, adverts, solicitations, business opportunities, thread letters, schemes and other un-solicited business communication except as otherwise permitted by HostBooks;
- iv) Any virus and/or in any other disruptive and/or harmful application/software and/or data/information; and
- v) Any content and which is not legally theirs/yours and may be protected by any intellectual property rights, without permission from the intellectual property holders/owners.
7.2 Expert and community forums on HostBooks website. The software services may include an expert and community forum and/or other social features to exchange views, information and content with other users of the software services and to the general public. Users should be cautious while interacting with other users and should not post any data or information that they do not want to share with general public. Users/You may publish hypertext links to the content of third parties and HostBooks will not be responsible for anything in this regard.
7.3 HostBooks will be freely using feedback from the users of software services. Users/You accept and agree that HostBooks may use such advice, feedback, request in any way, including modifying of the software services, marketing means and/or other services. Users/You grant HostBooks a free worldwide non-exclusive license to use the feedback you provide to HostBooks in any manner.
7.4 On its sole discretion, HostBooks may monitor users’ content but has no obligation to monitor content on the software services. HostBooks may disclose any information under any legal obligation to law enforcement agencies, to protect HostBooks or its software service users and/or operating the software services effectively. HostBooks, may post, refuse to post, remove, or refuse to remove, any content entirely or any part thereof, which is in-appropriate, and/or in violation of the terms of this agreement.
- THIRD PARTY PRODUCTS AND SERVICES
HostBooks may tell users about third party products or services, including via the Service. HostBooks may offer products and services on behalf of third parties who are not affiliated with HostBooks (“Third Party Products”) and/or provide access or links to third party websites (“Third Party Sites”). If users decide to use any Third Party Products or access any Third Party Sites, they are solely responsible for their selection, review of separate product terms, website terms and privacy policies. HostBooks is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with HostBooks in any way. Users agree that the third parties, and not HostBooks, are solely responsible for the Third Party Product’s performance (including technical services), the content on their websites and their use or disclosure of users data. HostBooks will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.
Users accepts and agree that they will:
- i) comply with all applicable laws, regulation and ordinances;
- ii) not use the Third Party Products in any manner that would infringe or violate the rights of HostBooks or any other party; and
iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
- ADDITIONAL SOFTWARE SERVICES TERMS
9.1 HostBooks does not give any professional advice under this agreement. Unless specifically included with the other professional services agreement, HostBooks does not provide any professional services or advice. HostBooks recommended users to consult a competent professional when any professional advice/services required.
9.2 HostBooks may offer other services to the users and additional fees, terms and conditions may apply.
9.3 Communications. Users/You accept and agree that HostBooks may send them/you communication via email or by posting them on websites under any law, any other services and/or third party products/services.
9.4 Users/you will manage their/your passwords and accept application updates time to time. Users/You are responsible for managing their/your password(s) securely for the software services and to contact HostBooks in any case. The software services may periodically be updated by any means to improve the software services and users/you agree to receive the updates time to time.
- DISCLAIMER OF WARRANTIES
10.1 Use of HostBooks software services and its contents is entirely at your own/users risk. Except as described in this agreement, the software services are provided “as is.” to the maximum extent permitted by applicable law. HostBooks disclaims all express or implied warranties. HostBooks does not warrant that the services are free from bugs, interruption, errors and secure.
10.2 HostBooks disclaims any warranties or re-presentation that use of the HostBooks software services will ensure compliance with any law, regulations and/or legal obligations.
Notwithstanding, no provision of this agreement shall exclude or limit liability to the extent such exclusion or limitation is prohibited by the applicable laws of India and HostBooks does not intend to exclude or limit liability which cannot be lawfully excluded by contractual agreement of the parties.
- LIMITATION OF LIABILITY AND INDEMNITY
The entire liability of HostBooks for all claims relating to this agreement shall be limited to the amount users paid for the services during the twelve (12) months prior to such claim subject to the maximum extent permitted by applicable law.
Subject to applicable law, HostBooks is not liable for the following in any case:
- i) Any special, incidental, punitive, consequential and/or indirect damages;
- ii) Damages due to failure of any telecommunications means, internet, corruption, security, theft and/or loss of data, any virus, bugs, spyware, any loss, revenue or use of any hardware/software that does not meet HostBooks systems requirement. Further, this agreement sets forth the entire liability of HostBooks and users exclusive remedy with respect to the HostBooks services and its use.
Users/You accept and agree to indemnify and hold HostBooks and its officers harmless from any and all claims, expenses and other liabilities, including reasonable legal fees and costs, arising out of users/your use of the software services or breach of this Agreement anyway (collectively referred to as “Claims”).
HostBooks reserve the right to amend or change the terms of this Agreement at any time, and all the amendment and changes will be effective as and when posted through the services, on HostBooks website for the software services or when HostBooks notify by any other communication means. HostBooks may also change or discontinue the software services, in its entirety or in parts. Users’ continued use of the HostBooks software services indicates their consent and agreement to the amendments and changes.
- TERMINATION/CANCELLATION OF THE AGREEMENT AND SERVICES
HostBooks may terminate a free trail account at any time. Further, HostBooks, in its sole discretion and without notice may immediately terminate this Agreement or suspend the software services if users fails to comply with any terms of this agreement or if users no longer accept or agree to receive any communication. Upon termination users must stop using the software services immediately. Any termination of this Agreement shall not affect HostBooks rights to claim and receive any payment due to it and sections 2.2, 3 through 16 will survive and remain in effect for users, even if the Agreement is terminated.
Upon cancellation by users, users will be able to access the HostBooks Software Service only through the end of the subscription term. After the subscription term ends, users will not have any access to the HostBooks Software Service. Please request HostBooks on its website to cancel your account.
There are no refunds upon cancellation and/or termination of the HostBooks Software Services.
- GOVERNING LAW
This Agreement shall be governed by, subject to and interpreted in accordance with Indian Laws, and any dispute arising relating to this Agreement, or the breach thereof, whether occurring while this Agreement is in effect or thereafter, shall be submitted exclusively to binding arbitration pursuant to the (Indian) Arbitration and Conciliation Act, 1996 by an arbitrator selected in accordance with such Act and agreed to by the parties. The arbitration proceeding shall take place at New Delhi, India and shall be conducted in the English language, including notices between the parties. Notices between the parties shall be by certified or registered mail, return receipt requested, and shall be deemed given upon receipt at the address of the recipient party or twelve (12) days after deposit in the mail. If the notice is to HostBooks, it shall be sent to the attention of the HostBooks Legal Department.
This Agreement is written and published in English language and the parties hereby confirm that they have requested that this Agreement and all other related documents to be drafted in English.
This Agreement, including all the Terms, is the entire agreement between users and HostBooks and replaces all other communications, understanding and agreements on this subject matter. If any court of law, having the jurisdiction, rules that any section or part of this Agreement is invalid, that part or section will be removed without affecting the remainder of the Agreement and the remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Users cannot assign or transfer ownership of this Agreement to anyone without written consent of HostBooks. However, HostBooks may assign or transfer it without users consent to (a) any affiliate, (b) a company through a sale of assets or (c) a successor by merger or other means. Further, any assignment in violation of this Section shall be void.