1. PRODUCT

HOSTING CASTLE, hereafter referred to as 'HOSTING CASTLE' operate and sell internet based computer software. Our core product is sold as [Product Name] and is offered and white labeled through a network of reseller channels. HOSTING CASTLE is an internet based application for sales and marketing professionals. HOSTING CASTLE offer specific solutions for the promotion and distribution of data for all businesses with specific developments for real estate and staff recruitment organizations. In addition to direct sales, there is a ‘Reseller Partner Program’.

2. PRICING

Pricing is offered in UAE dirham. Pricing for the range of services and software is found on the HOSTING CASTLE website and within the software system. HOSTING CASTLE reserves the right to vary pricing and discounts on giving you no less than 7 days notice, published on our website.

3. INVOICING

All invoices are sent monthly by email unless otherwise requested. Copy invoices are available on request and will be delivered by email.

4. PAYMENT

Payment is made by standing order or direct debit. Bank transfer will be accepted by prior arrangement only and may incur an additional charge. Payment is due in advance, at the beginning of each billing period.

5. OUTBOUND MESSAGE CONTENT

HOSTING CASTLE processes abound messages on an automated basis. Messages are delivered automatically by email and SMS text messaging. HOSTING CASTLE is not responsible for the contents of a message or of its accuracy. HOSTING CASTLE transmits messages in good faith and cannot be held responsible for the views or opinions of any message content saved for administrative messages generated by HOSTING CASTLE. Examples of such administrative messages are password confirmation emails, service change emails and SMS text messages, and monthly billing emails.

6. CLIENT DATABASE CONTENT

HOSTING CASTLE provides clients with a facility to save content data and information in a central database. HOSTING CASTLE is not responsible for the contents of client’s data or of its accuracy. HOSTING CASTLE transmits messages and presents content data in good faith and cannot be held responsible for the views or opinions of any message content, website content or letters and correspondence generated by HOSTING CASTLE using client’s data, save for administrative messages generated by HOSTING CASTLE. Examples of such administrative messages are password confirmation emails, service change emails and SMS messages, and monthly billing emails.

You agree to indemnify us against any costs or losses we may incur as a result of any claims or legal proceedings that are brought or threatened against us by any third party as a result of data you have added to your HOSTING CASTLE database.

7. DATA BACKUP AND RECOVERY

HOSTING CASTLE automatically backup the data on a daily basis. Should it be necessary to recover the database, HOSTING CASTLE cannot guarantee the integrity of data added since the last backup procedure. A full system data recovery may result in the loss of some information since the backup files were created. We cannot guarantee the recovery of individual client data deleted by accident or other means. A charge therefore will be made to attempt the recovery of individual records deleted by the client. Users should ensure a local copy of all data is kept. We do not guarantee integrity or availability of data beyond our best endeavours.

8. APPROPRIATE USAGE OF SERVICE

When you register, you must submit correct information regarding your identity, organization and address details. It is not permitted to use any of the HOSTING CASTLE services for illegal or unreasonable activities. Customers who send threatening or demeaning messages, or present misleading, insulting or illegal information will have their account at HOSTING CASTLE closed without notice. HOSTING CASTLE provide facilities to upload photographic images for the purpose of promoting real estate, job candidates and other agreed retail products such as yachts and marine craft. No other type of images may be uploaded without written agreement from HOSTING CASTLE. Company logos and direct links to websites with the intent to spam or promote the users own organization is an inappropriate use of the system and will incur a charge from HOSTING CASTLE equivalent to the Tog works Enterprise Account charge. HOSTING CASTLE does not permit SMS or Email “spam” and will close the account of any person or organization who engages in unsolicited bulk messaging. Deliberate misuse of the HOSTING CASTLE service, including obtaining text message credits by deceit, will cause the customer account to be closed immediately. In the event of closure of the account any outstanding monies will fall due immediately.

If you have not followed the above guidelines, you agree to indemnify us against any costs or losses we may incur as a result of any claims or legal proceedings that are brought or threatened against us by any third party.

9. SECURITY

During registration of your account we will issue you with an administrator password which will enable you to set up other user accounts. These are essential for your organization’s secure use of the service. You will be responsible for keeping this information confidential and agree to take all necessary steps to ensure that it is kept secure and not disclosed to any unauthorized person. If you believe that your username or password has been discovered or is being misused by someone else, then you must tell us immediately and take all steps necessary (or requested by us) to prevent such use. If we think there is likely to be a misuse of the Services because of a breach of security we may either suspend your use of the Services or change your password and then notify you that we have done this.

10. LIMITATION OF LIABILITY

We shall not be liable to you in contract, tort (including negligence) or otherwise for any damage or loss arising from the consequences of viruses received by you via the Services or of our failure to provide the Services in accordance with these Terms and Conditions; or any economic losses (including loss of business, contracts, profits, revenues, capital or anticipated savings), any indirect, special or consequential loss, loss of data, goodwill or reputation or for any wasted expense including but not limited to the cost of using any other service or losses caused by viruses. Except for our liability for death or injury as a result of our negligence any liability we may have to you whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by you in relation to the provision of the Services are limited to AED 1 in any 12 month period.

11. INTELLECTUAL PROPERTY RIGHTS

You agree to enter into any software license agreement reasonably required by HOSTING CASTLE in respect of any software made available to you under this agreement. Details of the software license agreement are available on request. You acknowledge and agree that all intellectual property rights in the services and any associated software are vested and shall remain vested in HOSTING CASTLE, or its suppliers, as appropriate. All data, images and other electronic documents and files contained within the system, and sent to external partners shall remain the copyright and intellectual property of HOSTING CASTLE.

12. INTELLECTUAL PROPERTY RIGHTS INDEMNITIES

HOSTING CASTLE will indemnify you against all claims and proceedings arising from the infringement of any intellectual property rights by reason of HOSTING CASTLE's provision of the services and associated software to you. As a condition of this indemnity you must:

a) Notify HOSTING CASTLE promptly in writing of any allegation of infringement;

b) Make no admission relating to the infringement;

c) Allow HOSTING CASTLE or its agents to conduct all negotiations and proceedings and give all reasonable assistance in doing so ( HOSTING CASTLE will pay your reasonable expenses for such assistance); and

d) Allow HOSTING CASTLE or its agents to modify the services or associated software, or any item provided as part of the services or associated software, so as to avoid the infringement provided that the modification does not materially affect the performance of the services. This indemnity does not apply to infringements caused by the use of the services in conjunction with other software not approved by HOSTING CASTLE, or to infringements caused by designs or specifications made by you, or on your behalf. You will indemnify HOSTING CASTLE and its agents against all claims, proceedings and expenses arising from such infringements or alleged infringements.

13. FORCE MAJEURE

We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm).

14. DATA PROTECTION AND PRIVACY

HOSTING CASTLE undertakes to comply with all applicable Data Protection legislation. HOSTING CASTLE also expects our client's to comply with UAE Data Protection legislation and remove data from the database as required. We operate a privacy policy and reserve the right to publish the names and logos of our customers in our marketing material. We determine and distribute data to third party companies for the purpose of promoting and advertising our client’s data. We reserve the right to determine the destination of the data. Subscribers and visitors of the website also explicitly agree to the use of cookies to provide authentication and tracking. Subscribers, who implement the system, also agree to notifying their visitors to use of cookies for authentication and tracking.

15. NON-DISCLOSURE

Use of the HOSTING CASTLE system is strictly on a non-disclosure basis. Under no circumstances should access to the system be provided to a third party without our consent. All comments and opinions on the usability, customer service, range of features and any other observations on forums, social networks, blogs and websites are strictly prohibited without our express written consent.

16. COMPLAINTS/CUSTOMER SERVICE

We care about our customers and endeavour to provide a complaints process that is fair, confidential and effective. HOSTING CASTLE strives to provide a quality service to its clients at all times. If, however, we fail to meet our obligations or we disappoint you in some way, we encourage you to share with us our failings as soon as you are able to. We will then make all reasonable efforts to address your concerns within one working day.

17. TERMINATION

Free subscribers may cease use of the HOSTING CASTLE service at any time without notice. Paying subscribers must provide written notice and service shall cease at the end of the current billing period. HOSTING CASTLE reserves the right to limit or suspend use of the service without notice in the event of in- appropriate use, or non-payment of overdue invoices of monies owed. HOSTING CASTLE also reserves the right to suspend your use of the service without notice if you fail to comply with these conditions of use. In the event of termination or suspension of service any monies owing become due immediately for up to the end of the billing period.

18. VARIATION

HOSTING CASTLE reserves the right to vary the terms of this Agreement or the nature of the Service at any time. HOSTING CASTLE will inform you of any such changes through email, or such other medium, as HOSTING CASTLE considers appropriate.

19. NOTICES

Any notices must be sent by receipted e-mail, post or delivered by hand as follows:
- To you, at the address you have given us or the email address given to us in your registration details
- To us by email by post to the contact details below. In the case of notices sent by email, such notices shall have been deemed to be received when capable of being accessed by you. In the case of notices sent by post, such notices shall have been deemed to be received on the second business day after posting.

20. SERVICE LEVEL

Infrastructure availability is quoted at 99.9% with hardware systems support available 24 hours per day, 365 days per year. Application support is provided within the integrated support system with an expected response within 48 hours. Service and technical support is provided on a best endeavor basis.

21. Refund

When the contract has been terminated before the end date, the total refund will be calculated by getting the 50% of the total amount got from the original contract price minus the amount computed from the overall period that the product has been used.

ACCEPTANCE

By using services operated by HOSTING CASTLE, you are accepting and agreeing to abide by these conditions of Use. The use of all exported data and advertising listings is also acceptance of these Conditions of Use.