Terms and Conditions

OverBeta welcomes you to know more about our terms & conditions. We believe in keeping transparency and in order to let you know our terms and conditions, all our terms and conditions are given below.

OverBeta – Standard policies and terms and conditions. Given policies and terms of services are mandatory for our clients / customers / users. Kindly make sure that you read the policies carefully and agree to the same before signing up. If you have any query or questions about the same, you may contact us any time. OverBeta reserves the right to change the use policies and terms anytime. We are serving a huge community of clients and it has been always our first priority to care about the security of each and every client.

PLEASE READ THIS AGREEMENT AND TERMS OF SERVICE CAREFULLY, BY CLICKING ON THE “I AGREE” BUTTON OR CHECK BOX ON THE ORDER FORM FOR ANY SERVICE PROVIDED BY OVERBETA, YOU ARE AGREEING TO BE BOUND BY THE TOS AND ALL TERMS AND SERVICES, SERVICE AGREEMENT INCORPORATED BY REFERENCE. YOUR USE OF THE SERVICES FURTHER CONFIRMS YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AND THE AGREEMENT.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Change in Packages and Pricing :

OverBeta reserves the right to change the price and services of its services and packages at any point of time. The information regarding prices and services available on our site may be changed without any prior information. Increase in price of our services is our sole decision and for all new deals, new price will be applicable. OverBeta can increase the price anytime and new price will be effective for the new deals but the orders placed before the announcement of the new price will be considered at the old price only. 

The information published on our website regarding prices and services may be changed at any point of time, without prior intimation. Also, increase of prices would be a sole decision of OverBeta This would be effective for the new deals but the orders placed prior to announcement would be treated on previous slot. Account setup: Your account would be setup after the receipt of your payment is received and confirmed by OverBeta on completion of screening procedures. It is your liability to give us proper information to verify the same and if you don’t do so, your account creation will be delayed.

Late / Non-Payment :

1. Payment plan is agreed between the Client and OverBeta based on the milestones. 
2. Payment shall be due within 14 days of the invoice date unless specifically mentioned in the Invoice. 
3. Full publication of the website/technical work will only take place after full payment has been received in our account unless otherwise agreed in writing. 
4.  Any material previously published may be removed if payment is not received. When this occurs, a minimum charge of $250 USD will be charged to have the site restored. 
5. Accounts that have not been settled and the payment is overdue within 14 days of the date shown on the invoice will incur a late payment charge of $100 USD or 5% of the Invoiced Amount (whichever is higher), for each week delayed. 
6. If complete payment is not received, OverBeta reserves the right to delete the project and all the data from our systems.

We will try our best to contact you, by all the possible means, yet it is your (client’s) responsibility to keep up accurate and updated details, like address, contact and billing information etc. 

Regular updates of details : We use the contact details that are contemporarily available with us. In case, you fail to receive our notices due to changed contact address (which you have not updated with our records), we will not be responsible for the same. The responsibility to keep information current totally lies with the clients. We are not responsible for the action taken in consequence to the client’s failure to receive/respond to the notices sent by OverBeta

Spam Policy :

We carry zero forbearance approach towards Unsolicited Commercial Email (UCE) or SPAM, on our network. None of our customers or associates is permitted to use our network for managing Unsolicited Commercial Email. Resellers of the OverBeta shall not host, or consent hosting of, sites or any information publicized by UCE from other networks as well. Contravention of this policy may result in strict penalty, including immediate annihilation of services. We initiate instantaneous investigation upon the notification of such violation with our spam and UCE policy. For the duration of this investigation we may put a ceiling on client’s access on our network. In case the violation gets confirmed after investigation, we reserve rights to cancel, abort or terminate the respective account, without a prior notice. In addition, we hold right to follow civil course of action, for the cost allied with the investigation. We may notify law enforcement officials if the violation is proved as a criminal offence.The violations of this policy will result in penalties. We would charge Administrative Fee against these violations. The first case of such violation would be charged as Rs. 5000 with termination of Customer’s account. The repetitive case or second violation will be charged as an administrative fee of Rs. 7500 with instantaneous termination of Customer’s account. Spamming is prohibited with us so PLEASE, DO NOT SPAM from your account.Our resellers would be solely accountable for the activities of their clients on network of OverBeta, hence we suggest our resellers to develop analogous policy for their clients. OverBeta doesn’t allow mass mailing from its shared servers. We do not entertain any type of deals with such sites. Sending mails in bulk quantities should not be done with your account on SMTP server. We suggest you to take specialized services from the third party or you may go for your own dedicated server.

Proscribed use of services and products :

The mode to use our services is a sole decision of company, and all our clients and associates have to follow the same, in any circumstance. Customer may only use Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

General :

Illegal Activities: Broadcasting, storage, or circulation of any information, data, or material in breach of any relevant law or guideline, or that might facilitate the breach of any particular law or regulation is strictly forbidden. We reserve the right to assist with legal authorities or wounded party during investigation of any alleged crime.

Injury or peril to other members: None of our client is allowed to use our services or products to destruct, or attempt to destruct, in whichever means, as well as not for pornography, or send out any material, by any mode (e-mail, uploading, redistribution or otherwise) that terrorize or promote physical injury or obliteration of belongings.

Copyright or trademark contravention : Clients can not use any of our service products to broadcast any material (by e-mail, uploading, posting or otherwise) that violates any copyright, patent, trademark, or trade surreptitious or other proprietary civil liberties of any third party, including, but not limited to, the unlawful copying of copyrighted material and digitization and circulation of images or photographs from any source like magazines, books, or other copyrighted sources, and the illegal allowance of copyrighted software. Clients can not use services or products to assemble, or try to assemble, private information/details about third parties, devoid of their knowledge or written consent. Circulation and/or redistribution of copyrighted or the aforesaid intrusion will not be endured.

Maltreatment Of System And Network :

Contraventions of system or association security are forbidden. These kinds of activities may lead to criminal and civil liability. We shall file a criminal case for any of the activity intended to leak or attempt to leak in network security (importantly including below mentioned)

Prologue of malevolent programs in our network or any server owned by us. The common examples are viruses and worms. The “disruption” also includes, but is not limited to flood pings, port scans, packet spoofing and forged routing information as well

Carrying out security breaches or disturbances of Internet communication. Security breaches comprise approaching data, of which client is not an anticipated receiver. This also includes cataloging into a server or account that client is not particularly endorsed to access.

Any sort of network monitoring which seizes data unintended for the sever of the customer is subject to execution.

Users are not allowed to use any program/script/command to interrupt or disable any terminal or account.

Creation of an active?? full duration connection on an account provided by the company by the employment of artificial means through programming, software or any other such method.

Any attempt to surround or change monitoring, utilization reporting, bandwidth tracking or other such actions which consequently complicates the conventional operational functions of the company, comprising but not confined to changing, removing or in any manner altering or tampering with the log files created by the company.

Determination of any action by the company, in its own discernment, will negatively affect the operations of the company or reflect poorly on it.

Some act which the Company deems to be an unacceptable use of resources, business practice or otherwise intolerable to the Company.

Proscribed Scripts And Programs :

There are fixed standard rules applicable to all scripts. Read ahead to know these rules: The duration of script use on processor, should not exceed from a few seconds otherwise it would be removed. Scripts are not allowed to use large amount of system resources. In case script consume lager amount of RAM or processor, account would be immediately suspended, awaiting a substitute solution. Same way in case a site found using 10% amount of system resource would be instantaneously suspended, awaiting a substitute solution. Referred or external sites are not allowed to use any scripts. OverBeta‘s server does not allow the use of scripts 1.interact with the hardware 2. Interact or influence server configuration files. Infringement with this policy may result in immediate suspension of account, without any prior intimation. Use of resource incentive scripts like chat room scripts coded in Java or Perl are not allowed on OverBeta‘s server. OverBeta has debarred following scripts because they are supposed to be either resource hogs or detrimental: UltimateBBS Ikonboard FormMail CgiEmail Eggdrops and IRC Bots (PSYBNC, etc.) IRC Servers/clients (ircd, etc) IRC BNCs (PsyBNC, BNC) Network/System Security Auditing Tools Exploits Daemon Processes Game Servers Proxy Servers Web/CGI based telnet servers The Anonymizer Any Soap Mailers Transmission of Unsolicited Email or SPAM Portscanning CGIs Security Auditing CGIs false identity & pyramid/ponzi scheme Scripts Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives. Any script that uses & processes a massive number of flatfiles or large flatfile databases.

LOSS OF BACKUP AND DATA :

Usage of our services is at your own solitary risk. OverBeta is not accountable for any data and/or files domiciling on your account. You agree to be responsible for data transfer, files and maintenance of proper backup of data and files put up on our server. We are entitled to take weekly backups of data which have been changed or are new. These backups serve the purpose of server restoration. 
  
Mailing List Hosting We do not entertain any hosting for the running of mailing lists. Any mailing lists found in our servers will be shut down by us without any prior notice. Pornography or any other sex related marketing are subjected to prohibition on any of the servers of OverBeta. Any site that contains sexual content or links to any sort of adult content elsewhere is included in this. The same holds true for the sites which encourage any illicit activity or are in any way detrimental to OverBeta servers or any other internet server. Even links to such sort of materials are subject to prohibition.

Support :

Support for the problems and issues in control panel, would be provided to certain limitations including basic functions like addition or deletion of accounts, DNS functioning, change of password etc. Limited support would be provided for third party software such as PHP-Nuke, Advanced Guest Book, phpBB, osCommerce, etc. Moreover, OverBeta will not entertain any Free Add on scripts inclusions on the control panel, matters related to software error or bugs which come as a 3rd party member and have to be directly reported to the software vendors for any kind of support. Web development, 3rd party scripts and software such as installation, maintenance and compatibility and/or current day-to-day administration tasks such as email accounts,domains and establishing new users are not the fields of concern for OverBeta. However, OverBeta may aid initial custom configuration or set up of the server, which include email accounts, domains, establishing new users and software adjustments, at its own OverBeta (which includes SSL Cert, clientexec, etc.) without charging any additional amount.

Installation of 3rd Party software :

Users carry complete responsibility in case they install 3rd party software in web space. Tracing of hack or unusual activates due to less security in software, would be resulted as termination of account without prior notice. Specification And Limitations Of Responsibilities Any damage including accompanying or momentous damages, caused for unavailability or being offline of our servers. OverBeta shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. OverBeta is not accountable for any claim compensation, counting incidental or consequential compensation which might be turned out from the sleaze or removal of any website from any of our servers. Immediate termination of services has to be the final or maximum limitation in such cases.

Stipulation & Disclaimer :

OverBeta is not responsible in any case of loss of data, crashes and system failure/downtime. In addition we are not accountable for any envisaged guesstimate of profits, client may achieve with the functioning of their website. OverBeta also resell few of its services hence certain tools, routing, software, or programming used by us, are not directly possessed or written by OverBeta. OverBeta carries no accountability for the utilization of our client’s accounts. Failure to follow any terms or conditions, would lead the account to the deactivation, without any discussion. Decision to delete or deactivate any account, would be solely based on terms set by OverBeta, and can be taken without any notice or prior intimation. Additionally we reserve the sole right to change or modify these policies, guidelines and disclaimer, at any point of time, without any prior notification.OverBeta owns the right to change / modify the Terms and Conditions at any point of time.

Copyright Policy :

OverBeta has exclusive authorization to shield all the information / material / services / contents by copyright law and other intellectual property laws. Replications of any information / material / services / contents would be a subject of legal action under the law of copyright.

Guidelines for use of Site Information and Materials :

Viewing / downloading / printing / distribution of material and information available on OverBeta are subject to following stipulations: Use of information should only and strictly be non commercial, whilst it can be used for personal or informational usage. Commercial use of information is approved only with preceding written sanction from OverBeta. Deletion of any proprietary notice or copyright enclosed in documents is strictly forbidden. OverBeta carries the right to rescind the print, view, download, distribute, and circulate the information uploaded on OverBeta at any time even without any predefined schedule. The rights granted to you constitute a license and not a transfer of title.The aforementioned rights to view, download, print, distribute the information available on OverBeta are not applicable to the design and layout of this site. OverBeta has protection of Trade dress and other laws and hence is not permissible to be imitated as intact/in entirety or in parts.

Warranty :

Warranty and disclaimers excluding provided in a written agreement amid you and OverBeta. All the material & services on this site are devoid of any kind of warranty either articulated or oblique but not bound to the obscure warranties of commercial ship or suitability for a scrupulous reason, or the warranty of non-contravention. With no restraining to the prior, OverBeta provides no warranty that: The services and materials would be strictly in accordance to your requirements. Fault freeness, security, uninterruption and well timely execution of services and materials. Accuracy effectiveness and reliability of services and materials and services. Immediate correction of any software error is not guaranteed by OverBeta. A few circumstances or jurisdiction do not permit of obscure warranties or restrictions on the duration during which the warranty would last. Therefore the abovementioned limitations may not apply to you to the extent acceptable. Kindly note any implied warranty that would limit to a maximum duration of 90 (ninety days). Relevancy and contemporariness of data / information is not guaranteed by OverBeta. OverBeta is not accountable for any error of omission and editing of information / document / materials. This site possibly will comprise technical errors, inexactness, typing or other errors. In any case OverBeta and its associates would not be liable to any third party for any special, disciplinary, accompanying, indirect or momentous damage of any kind. OverBeta is not responsible for any damage to your computer system or data loss while downloading any information from this site. User would be solely accountable for any and every kind of data loss / technical problem. The links existing on this site are not being commanded by OverBeta. Hence we do not represent or recommend any of them. The right of entry of these links is not under control of OverBeta therefore we are not responsible for any kind of precision and reliability of information / facts available on non-OverBeta websites. OverBeta is contacted / accessed and is used in various countries because of which it may contain such programs or services which are not publicized in your country.

Trademark :

Logo and trademark and services marks put on view on this website for viewing are solely owned by OverBeta and any personal or commercial use of the same is strictly prohibited, without the written permission of OverBeta.

Privacy Policy :

All the information provided by you, would be used in accordance to respective laws. The information / data provided by you shall not be shared with any external organization or for any other commercial usage without your written consent. It would be however available to all the divisions / sister concerns / ventures of OverBeta. In order to facilitate the utilization of the services and maintain the continuity of a visit & help navigation on the site, we make use of temporary cookies. Updating / modification / deletion of your data / information would be done on your written request only.

Payment and Refund Issue :

All the payments would be accepted on standard modes set by OverBeta. As we at OverBeta keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund. We clearly mention here that the paid amount would not be refunded in any circumstances. Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve a reason for refund or chargeback.  The company will not provide the content through any other media such as CD, pen drive, movable drives etc. to avoid unwanted complications and technical issues. On provision of this information, you would be solely responsible for the login information as well as content of the sites so provided. All payments for services OverBeta have to be made in favour of “OverBeta” only. We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) for any services rendered by OverBeta. You are informed that under no circumstances will OverBeta be liable for any damage caused in your business transaction to such fraudulent individuals or organizations.

Matter of Disputes and Jurisdictional Aspects :

For any kind of legal dispute related to OverBeta would be dealt in only territory of Jammu & Kashmir. All the legal issues are subjected only to pertinent contemporary’s laws in force at Jammu & Kashmir to the jurisdiction of courts located in Jammu & kashmir only.

Governing Law and Jurisdiction :

This Agreement and any dispute or matter arising from incidental use OverBeta is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the OverBeta, contains the entire agreement between you and OverBeta regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.We anticipate that the aforementioned information would enable you to shrewdly use the facilities and services offered by OverBeta and strengthen our business associations as well. With the warmest greetings, Team OverBeta is all set to assist you to serve with the best possible solutions.

Hosting Terms of Service

Hosting Agreement by OVERBETA:

OverBeta reserves the right to refuse service and/or access to its server to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited.

The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.

Topsites, ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.

Website content that promotes or advocates human trafficking in any way shape or form as determined by OverBeta’s sole discretion, sites that promote prostitution, or escort services.

Websites that promote/represent/accept religiously extremist groups/sayings as determined by OverBeta’s sole discretion, sites that promote/support terrorist activites and/or sites made with similar intention.

Any website found to host illegal/child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.

Embedding or uploading audio/video/high resolution images on website or linking to other websites that promotes audio/video/high resolution images.

Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide “links to” or “how to” information about such material.

Games – We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any games hosted on your hosting account. This does not include blogs related to gaming or news websites related to gaming, We only prohibit using the account as a game server.

IRC Hosts – Hosting an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.

OverBeta reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.

In compliance with DMCA act, OverBeta has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to [email protected]

Abuse Of Resources

Any attempts to compromise or actual compromise of a network device belonging to OverBeta or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

Denial of Service (DOS) attacks directed at OverBeta, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “Warez”. Any authentic complaint received will be investigated and may result in termination of service.

The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.99% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.

If any client is in any way disrespectful towards any member of the OverBeta staff we have full right to remove them from our services without any refund.

Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)

Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.

Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer’s access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Further more, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $200.00 will be charged to your account. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $450. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.

We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

We also prohibit hosting of publicly-accessible “open relay” SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.

Bandwidth

If the customers account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, which ever is earlier. The account would be reactivated in the following month.

Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. OverBeta would be the sole arbiter as to what constitutes a violation of this provision. Standard email limit of 150 emails is set for all plans. [Please consider a third-party service if you are looking for extra emails.]

We do not guarantee Inbox email delivery with any of our hosting plans.

We currently do not provide/offer support related to development/setup of NodeJS/Python applications, users are required to have the necessary knowledge to operate their applications.

Backup Policy

Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. OverBeta does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

Unlimited Daily Backups: We offer daily backups on some of  our hosting plans, the daily backups are kept for 7 days.

The client is responsible to inform OverBeta of any discontinuation of service beforehand so that we can de-provision it accordingly.

You as a OverBeta User agree that in no case, OverBeta can be held responsible for the loss of data in any circumstances.

Unlimited Hosting

The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 50GB. This is applicable for Web Hosting plans.

Uptime Guarantee

Any service interruptions or downtime due to scheduled maintenance by OverBeta or our network providers will not count towards the uptime guarantee. OverBeta is not liable in any way for failure of third party services.

OverBeta will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Security

You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.

Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. OverBeta will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Account Termination

Your hosting account at OverBeta can get terminated due to following reasons:

You decide to discontinue : At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 24 hours.

Cancellation upon expiration : If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 24 hours (after the expiration date).

You did not renew : In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 24 hrs and will be terminated within 14 Days (after the expiration date).

You violate our Terms of service : If you violate our terms of service during your subscription period at OverBeta it will result in immediate account suspension and termination. As soon as we’ve been notified about the violation of service, we would usually take instant action.

Potential fraud : We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.

A Dispute or ChargeBack : During the violation of our Terms of Service, we would initially suspend and give a 7 days timeframe to resolve the concern with OverBeta before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.

Note : It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and OverBeta shall not be liable for the same.

Change of TOS

OverBeta may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.

No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.

OverBeta Service Agreement

• Contract:

The client‟s approval for work to commence shall be deemed a contractual agreement between the Client and OverBeta. The approval for the work can be through either on Register/SignUp Form on the client area of OverBeta website or with an email confirming back the quote (with the quote document attached) or the quote document signed by the client. Whereas, OverBeta is in the business of providing Consultancy and allied Services on Computer based Information Technology, to its clientele, including any affiliates, subsidiaries, divisions of OverBeta‘s clients and customers (hereinafter referred to as “Customers”) and OverBeta is in the business of producing Softwares, Designs, Software Planning Documents/Diagrams and Creative works for its Customers – whether copyrightable/patentable or not (hereinafter referred to as “Product” or “Products”) Now THEREFORE, in consideration of mutual promises, covenants and conditions set forth herein, The Parties hereto agree to the terms mentioned in this agreement/proposal. Important: Payment of the advance fee indicates that the client accepts these terms and conditions, and approves to commence the work.

• Usage of OverBeta Services/Products/Solutions:

Client agrees not to use the OverBeta services/products delivered for any business which is harmful to the society or children or is illegal. Further the Client is fully responsible for all and any content published/distributed or allowed to be published/distributed through the Client‟s website whether hosted on servers owned/maintained by OverBeta or by the Client himself. Client shall execute best possible precautionary and security measures to restrict any illegitimate use of the services/solutions precured from OverBeta. 

•  Free Technical Support:

OverBeta provides different types of technical support for following kind of issues:

a) Server side scripting/programming errors/bugs

b) Logical Bugs/Calculation related errors/bugs

c) Connection errors/API Integration Errors Above support is not available if the errors/bugs arise due to any external entity. Examples: a) Server or software or application or extension downgrades or upgrades b) Edits done in the code/scripts delivered by any external entity/person/professional c) Operating System or Browser Version Downgrades/Upgrades

d) Any other factor which is not directly related to any deficiency at the end of OverBeta Above support is not available for following kind of instances, unless otherwise specifically covered in the scope of project and/or deliverables: a) Training for using the software/solutions delivered b) General enquiries/questions related to particular features of the software/solution delivered c) Cosmetic updates and/or UI/UX updates d) Enhancements or modifications in the default features/functional logics of the software/solutions delivered. Exclusion: Unless otherwise agreed explicitly, this Free Technical Support is not available for following kinds of engagement/association with OverBeta: (a) Full Time Web Designer or Developer Engagement/Hired (b) OverBeta Designers and/or Developers are working with Client Team directly where project management is being done by the Client Team. (c) OverBeta is hired only for Installation and/or Support works and/or Quality only but not for the project development.

• Photography and graphics:

Both the parties agree to abide by the following terms:

a) Unless otherwise agreed – Stock Images used for creating any banner or promotion graphic or animation are not part of the project deliverables, Client should purchase the license to use the rd stock images from respective 3 parties at his/her own cost.

b) OverBeta may use stock photographs and images while creating the website. Images and graphics purchased from stock libraries are not generally included in the quote and will be invoiced separately.

c) At request of the Client – OverBeta will keep the client updated about the stock images being used and the cost involved before raising the invoice.

d) Images used by OverBeta for product demos shall not be used by the client unless the client has purchased the usage rights for those images. Client shall be fully responsible for violation rd of any 3 party copyright.

e) Images delivered by OverBeta along with a bundled software/solution/script are for Demo Purpose only and shall not be used for commercial purpose. Client should contact OverBeta for more information about the price of those images if the Client wishes to use those images for commercial purpose OR Client should replace the default images with the images owned by the Client.

• Browser compatibility:

OverBeta makes every effort to design pages that work flawlessly on most popular current browsers i.e. latest version of IE/FireFox/Chrome released on the date of project agreement. However, OverBeta cannot be held responsible for pages that do not display acceptably in newer versions of browsers released after pages have been designed. IE11 and older IE versions are outdated browsers and hence we don‟t design with them in mind. We recommend using latest version of Chrome or Firefox instead of older versions of Microsoft Internet Explorer. OverBeta can work on improving UI/UX for older versions of Internet Explorer for an additional charge.

Search Engine Submission:

Following services are not part of the project unless agreed otherwise in writing: a) Submission of websites on different search engines. b) Securing good ranking of your website on different search engines. c) Search Engine Optimization – On Page/Off Page.

• Site maintenance:

Unless otherwise agreed in writing, following services will be separately billed after the website has been made live: a) Content updates b) Refinements and logical tweaks to the website, which were not planned/approved by client earlier. c) Content presentation and design updates that were not planned/approved by client earlier.

• Content:

After OverBeta has delivered the website to client, client is solely responsible for the content/information/images posted on his website. If there is any error or omission by OverBeta team while uploading/posting the content/information/images on client‟s website, OverBeta will correct it if reported to OverBeta representatives.

• Material:

All material supplied by the client shall remain client‟s property. OverBeta rightfully believes that this material belongs to the client and that it does not breach any copyright laws. Under no circumstances shall OverBeta be held responsible for any claims, damages, and loss of profit or reputation caused to client due to the use of material provided by the client.

• Domain names booked by OverBeta on behalf of client:

OverBeta provides domain name consultancy if required. Domain names registered by OverBeta on the client‟s behalf are property of OverBeta until client has paid for the domain booked and any fee involved. OverBeta agrees to transfer such domains to the client or his/her agent when asked to do so provided that all accounts have been settled. Note: Domains booked and owned by client are not subject to this term. This term applies only to those domains that are booked by OverBeta upon the request of client.

• Travel Time and Expenses:

Travelling time to and from the client premises is not generally included in our estimate. If a visit/travel is required for meeting, the client will bear all the expenses or as agreed by both the parties.

• 3rd Party Add-ons/services/applications:

All third party costs arising from the registration of a domain name/purchase of third party utilities/services shall be met by the Client and are payable to OverBeta before a formal application for registration is made. Examples of 3rd party fees are as under: i. Domain Names ii. Server Space Hosting Fees iii. SSL Certificates iv. Backup Services v. 3rd Party APIs, if any, required by „Client‟ to be integrated with the work ordered. vi. 3rd Party Plugins/Scripts/Applications/Software/Widgets/Services, if any, required by „Client‟ to be integrated with the work ordered. vii. Payment Gateways Signup and Recurring Fees

• Examples of work:

Unless negotiated otherwise, OverBeta retains the right to list/display the client name and logo with or without work performed (Design/Development/Online Promotion) for the Client in its respective portfolios and promotion materials. This over-rides all previous agreements and NDAs signed.

• Quotations:

The price quoted to the client is for the work agreed in the proposal document only. Should the client decide that changes are required after the project work has been initiated, then OverBeta will provide a separate quote for the additional work and may need to review the timescale for completing the project. Cost estimates and prices quoted are valid for maximum one month unless otherwise agreed.

• Mode of Payment

(a) Clients Based Outside India: International Wire Transfers, Credit Card/PayPal via Stripe payment gateway. (b) Clients Based in India: NEFT, RTGS,UPI,CASH or Physical Cheques mailed to our office address. (c) Payments for packages/services other than covered under ecommerce package and Mid-Size Business and Large Business Packages should be made via Wire Transfer only.

• Payment Terms:
• Payment plan is agreed between the Client and OverBeta based on the milestones. 
• Payment shall be due within 14 days of the invoice date unless specifically mentioned in the Invoice. 
• Full publication of the website/technical work will only take place after full payment has been received in our account unless otherwise agreed in writing. 
•  Any material previously published may be removed if payment is not received. When this occurs, a minimum charge of $250 USD will be charged to have the site restored. 
• Accounts that have not been settled and the payment is overdue within 14 days of the date shown on the invoice will incur a late payment charge of $100 USD or 5% of the Invoiced Amount (whichever is higher), for each week delayed. 
• If complete payment is not received, OverBeta reserves the right to delete the project and all the data from our systems.

•  Cancellation:

All the payments would be accepted on standard modes set by OverBeta. As we at OverBeta keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund. We clearly mention here that the paid amount would not be refunded in any circumstances. Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve a reason for refund or chargeback.  The company will not provide the content through any other media such as CD, pen drive, movable drives etc. to avoid unwanted complications and technical issues. On provision of this information, you would be solely responsible for the login information as well as content of the sites so provided. All payments for services OverBeta have to be made in favour of “OverBeta” only. We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) for any services rendered by OverBeta. You are informed that under no circumstances will OverBeta be liable for any damage caused in your business transaction to such fraudulent individuals or organizations.

• Penalty Clause Penalties applicable on OverBeta:

Responsibilities applicable on Client: Client should provide all comments, feedbacks, suggestions about the project scope during the Detailed Project Scope Documentation phase; Subsequently any changes or modifications or enhancements done to the project scope would be additionally chargeable with or without delivery timelines revision. And if there are changes which are accepted by OverBeta without additional charge, timeline should extend by the number of days required to implement those additional non-billable items. a. Client should make payments as per the agreed payment terms, else OverBeta should be exempt from meeting the timelines agreed to, and will not be liable to any kind of penalties for the delay in delivery of the project. b. Client should provide his feedback on the work submitted for their review within 24hour, if there is a delay from client side in providing feedback on the work submitted for their review, OverBeta should be exempt from meeting the timelines agreed to, and will not be liable to any kind of penalties for the delay in delivery of the project. c. If Client changes the Functional Requirement – Client understands and accepts that additional cost and working days will be added to the project, hence the project delivery timeline will need to be revised.

• Delayed Response From Client Side:

Unreasonable delays from client side in providing the required feedback/information/data to finish the project shall exempt OverBeta from meeting the timelines mentioned in the quote. In case client does not provide required details/data/information for more than 5 working days, client authorizes OverBeta to forfeit the payments made towards this project. In case, during the project duration, the client does not maintain communication with OverBeta for more than 10 calendar days, client agrees that the project/services shall be deemed as received and accepted by the client, and the client further authorizes OverBeta to mark the project completed and invoice the client for remaining un-invoiced amount as per the total project price agreed. However, Client can instruct OverBeta to put project on hold provided: a) client agrees to pay project resumption fee of USD 1,000 or 30% of the total project price, whichever is higher. b) on-hold period does not exceed 1 calendar months c) client agrees the professionals attached to the project (Project Team Structure) may be different from originally agreed. d) client agrees to pay this project resumption fee every time a project is being put on-hold

•  Share in profits from business or sale of business:

After client makes the agreed payment for the project, OverBeta will not claim share in client‟s profits from business or from sale of business to some other company.

• Copyright/Ownership Rights:

 OverBeta will retain the copyright of any material, including design, artwork and the source code, created for the client by OverBeta. OverBeta reserves the right to retain the copyright on all material created by OverBeta unless otherwise agreed between the two parties in writing. As per the agreed terms client owns rights on following items: a) Logo/Graphics/Pictures/Images supplied by client – Yes b) Website Interface/PSD/Creatives/Designs – Yes, if client has ordered custom design with Exclusive Rights. c) Programming Files/Source Code – Yes, if the Client has ordered the project with Exclusive Rights. Client does not own the copyright/Intellectual property rights for projects being done on Single Domain License basis. d) If the project is being done on Single Domain License basis, Client owns the rights to use the system only on designated domains and Client should take reasonable care of the system files to restrict unauthorized access of the system scripts/source code delivered.

•  Ownership of Code and Intellectual Property Rights:

Unless otherwise agreed, OverBeta is the owner of the source code and the intellectual property rights and reserves the right to reuse the code for other projects. Following terms shall be applicable and obliged:

a) Client shall not create un-authorized copies of any Software/Scripts/Designs/File/Document/Information delivered to the Client by OverBeta;

b) Client shall not access and/or share and/or transfer any Software/Products/information/document owned by OverBeta unless authorized to do so.;

c) Client shall not reverse engineer any software/script/application owned by OverBeta.

d) Client shall not make any Software/Document/File/Information available to any third party in any manner, nor may Client use such works to provide services to any third party unless explicitly agreed otherwise in writing.

 

• In the event that Client breaches any of terms specified in this clause, Client hereby authorizes any court of competent jurisdiction in India or Abroad to pass the judgment against the Client for and in the amount of USD 100,000 (USD Dollar One Hundred Thousand) for each default, as provided in the afore mentioned paragraphs, together with costs of suit and the cost of attorney incurred by OverBeta for recovery of above compensation/damages from Client. These damages/compensation allowed shall be considered as interim relief to OverBeta and OverBeta shall have the liberty to claim higher amount as compensation for the direct/indirect damages and Employer may pursue criminal proceedings as well Termination of the agreement: If either party terminates this Agreement for any reason, the parties will continue to perform all of their respective obligations under this Agreement

Notes: In no event, OverBeta shall be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if OverBeta has been advised of the possibility of such damages. Despite the best efforts of OverBeta, errors in web page information may occur. At no time will OverBeta be held responsible for accidentally including erroneous information, extending beyond correcting the error.

Should OverBeta waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit OverBeta to waive the same clause on any other occasion. By agreeing to this service agreement, your statutory rights are not affected.

 

ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

OverBeta reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updates in this agreement remains unaffected. Please feel free to contact us for more info/clarification about any of the service agreement mentioned above.

Updated on 06/June/2024