TERMS & CONDITIONS

Last Updated: 22 March, 2020

Universal Agreement

This Universal Terms of Service Agreement sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through Black Stone Host from our partners.

In this Agreement "You" and "Your" refer to you as the user of our Services, or any agent, employee, servant or person authorized to act on your behalf. "We", "Us" and "Our" refer to Black Stone Host, as well as its subsidiaries and sister companies (“Black Stone Host”). This Agreement explains our obligations to you and explains your obligations to us for using Our Services. These obligations are in addition to any specific terms and conditions that apply to the particular Services.

When You use Our Site, Your account to purchase or otherwise acquire access to Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements, which are incorporated by reference herein.

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Terms of Agreement; Modification

You agree that Black Stone Host may, in its sole and absolute discretion, modify this Agreement and the Services it offers to you from time to time and that such modifications are effective immediately upon posting to this site. Your use of the site or Services, after such changes or modifications have been made, constitutes your agreement to be bound by this Agreement as last revised. If you have purchased Services from Black Stone Host, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as you take advantage of and uses the Services.

Eligibility & Authority

Our Site and Services are available only to users who can form legally binding contracts under applicable law. By using this site and/or the Services, You represent and warrant that you are at least eighteen (18) years of age and not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If You are entering this Agreement on behalf of a corporate entity, You represent and warrant that You have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case “You”, “Your” will also refer to such corporate entity. If, after acceptance of this Agreement, We find that you do not have the legal authority to bind said corporate entity, you will be personally responsible for the obligations contained in this Agreement and any/all related agreements that you enter into based on the Services You use, including but not limited to the payment obligations. Black Stone Host shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right to require additional authentication from you. You further agree to be bound by the terms of this Agreement, and any other agreement and/or policies required by the Services purchased, for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

Accounts & Accurate Information

In order to access some of the features of this site or use some of the Services, You will have to create an account. You represent and warrant that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You further agree to maintain accurate information by providing updates to us, as needed, while you are using the Services. You agree that You will notify Black Stone Host within seven (7) business days of any change in the information You provided as part of the application and/or registration process and as required by Your Account. Failure by You, for whatever reason, to respond within seven (7) business days to any inquiries made by Black Stone Host to determine the validity of the information provided by you will constitute a material breach of this Agreement.

If we have reason to believe that Your Account information is untrue, inaccurate, not current, misleading or incomplete, we reserve the right, in our sole and absolute discretion, to suspend or terminate you’re Account and any Services.

You must notify Black Stone Host immediately of any breach of security or unauthorized use of Your Account. We will not be liable for any loss you incur due to any unauthorized use of Your Account. You, however, may be liable for any loss we or others incur caused by Your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad

If you are visiting this Site and/or using Our Services from a country other than Bangladesh, Your communications with us may result in the transfer of information (including Your Account information) across international boundaries. By visiting this Site, using Our Services and communicating electronically with us, you consent to such transfers.

Protection of Data, Use & Processing

Black Stone Host offers certain hosted Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you in the course of your use of these Services. Your Data, for the purpose of this Section, excludes any User Content. Black Stone Host’s Data Processing Department, which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance to ensure the transfer of Your Data, including transfers of Your Data from the EEA is compliant with applicable data privacy laws.

Availability of Website & Services

We shall use commercially reasonable efforts to attempt to provide this site, the Services available to purchase on Our site and Our Services on a twenty-four (24) hours a day, seven (7) days a week basis.

You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that We undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or Services on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard to such, including but not limited to loss of revenue.

From time to time, Black Stone Host may offer new Services in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”.

Black Stone Host offers, as part of the Services available to you, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between you and Black Stone Host. Nothing contained in any agreement executed between you and a third party provider shall eliminate, reduce or add to the obligations of Black Stone Host as described herein.

All paid Services are non-refundable without shared hosting 30 days money-back guarantee unless otherwise specified.

Account Panel

The account panel associated with Your Account enables you to purchase, renew, extend, suspend or cancel Service(s). You acknowledge and agree that you will not use the Account Panel to abuse and/or overload any of Our Systems or Services or any API. Abuse of the Account Panel will be determined in our sole and absolute discretion. It includes but is not limited to repetitive, high volume requests, inquiries, calls or other excessive use or abuse of Our Systems or Service(s) or any API. You further agree to abide by such guidelines on acceptable use of Our Services as set forth by us, which may change at any time in our sole and absolute discretion. In addition to any other right to terminate, Black Stone Host specifically has the right to immediately terminate Your Account, without notice or right to cure, in the event that you violate this term.

Contents

In addition to the general rules above, the provisions in this section apply specifically to your use of Black Stone Host Content and User Content posted to Black Stone Host’s site (i.e. those sites which We directly control or maintain). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your websites.

Billing & Payment

All fees for the Services shall be in accordance with Black Stone Host’s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time you order the Services unless otherwise noted. You may pay for Services by providing a valid Credit or Debit card, bKash, Rocket or any other payment method then accepted by Black Stone Host; provided, however, that We may at Our option require that You pay fees through a particular payment means or that You change from one payment provider to another.

Currency

While all purchases are processed in BDT, Black Stone Host may provide an estimated conversion price to currencies other than BDT. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. You may be charged VAT or additional off-shore margin and/or fees, based on the country indicated in your billing address section. Any amounts to be charged will appear during the checkout process.

Termination & Cancellation Policy

The initial term of your agreement with Black Stone Host shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Black Stone Host shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or canceled by either party as provided in this section.

This agreement may be terminated:

  1. By you when you discontinue the use of Our Services;
  2. By Black Stone Host at any time, without prior notice, if, in Black Stone Host’s judgment, you are in violation of any terms or conditions herein or violation of Acceptable Use Policy;
  3. In Black Stone Host’s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Black Stone Host or could disrupt Black Stone Host’s business operations;
  4. By Black Stone Host if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and Black Stone Host.

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