1. Agreement
This Agreement ("Agreement") constitutes the entire agreement between Your Company & ("Hostping") and the customer ("Customer") for the provision of the Hostping ERP Solution (the "HOSTPING ERP"). By accessing or using the Solution, Customer acknowledges and agrees to be bound by these Terms and Conditions.
2. Solution Description
The Solution provides Customer with the core functionalities of the ERP system, e.g., inventory management, accounting, customer relationship management, etc.
3. Access and Use
3.1 User Accounts: Customer is responsible for creating and managing user accounts within the Solution. Customer shall ensure that all users comply with these Terms and Conditions.
3.2 Data Security: Customer shall be responsible for maintaining the security of their login credentials and for preventing unauthorized access to their account.
3.3 Data Integrity: Customer is responsible for the accuracy and integrity of the data entered into the Solution.
3.4 Acceptable Use: Customer shall not use the Solution for any illegal or unauthorized purpose, including but not limited to:
* Violating any applicable laws or regulations.
* Infringing on the intellectual property rights of others.
* Interfering with the operation of the Solution or the servers on which it resides.
* Using the Solution for any malicious or harmful activity.
4. Service Availability
Hostping will use commercially reasonable efforts to maintain the availability of the Solution. However, Hostping does not guarantee uninterrupted service and may experience downtime for maintenance, upgrades, or other unforeseen circumstances.
5. Intellectual Property
5.1 Hostping's Rights: The Solution and all related intellectual property rights, including but not limited to copyrights, trademarks, and patents, are owned by Hostping or its licensors.
5.2 Customer Data: Customer retains all rights to its data entered into the Solution.
6. Data Privacy
Hostping will handle Customer Data in accordance with its Privacy Policy, which is available at https://hostping.pk/policy.html .
7. Fees and Payment
7.1 Fees: The fees for the Solution are as set forth in the applicable Order Form or Service Agreement.
7.2 Payment Terms: Payment is due upon receipt of invoice.
7.3 Late Payments: Late payments may be subject to interest charges at 0 per month.
8. Termination
8.1 Termination by Hostping: Hostping may terminate this Agreement immediately upon written notice to Customer for any of the following reasons:
* Material breach of these Terms and Conditions by Customer.
* Customer's insolvency or bankruptcy.
* Customer's use of the Solution for any illegal or unauthorized purpose.
8.2 Termination by Customer: Customer may terminate this Agreement upon 30 days written notice to Hostping.
9. Limitation of Liability
In no event shall Hostping be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to this Agreement or the use of the Solution, even if advised of the possibility of such damages.
10. Warranty Disclaimer
THE SOLUTION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Indemnification
Customer agrees to indemnify and hold harmless Hostping from and against any and all claims, liabilities, damages, losses, and expenses arising out of or relating to Customer's use of the Solution or its breach of these Terms and Conditions.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Govt. of Pakistan.
13. Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
14. Amendments
Hostping may amend these Terms and Conditions from time to time. Customer will be notified of any material changes.