Terms and Conditions

No hidden rules, No hidden condition

This Terms and Conditions will apply to all service recipients

SCOPE

1.1

These terms and conditions also apply exclusively if the provider carries out the service for the customer without any particular reservation in the knowledge of conflicting or deviating conditions of the customer.

1.2

An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.

1.3

Entrepreneurs within the meaning of these terms and conditions are also authorities or other bodies under public law if they act exclusively under private law when the contract is concluded.

SERVICES OF THE PROVIDER
2.1

The provider provides services for making content accessible via the Internet. For this purpose, he provides the customer with system resources on a virtual server. The customer can store content up to a certain extent on this server. The exact scope results from the service description of the provider.

2.2

On the server, the content is held ready for retrieval via the Internet under an Internet domain assigned to the customer. The provider’s services for the transmission of data are limited to data communication between the transfer point operated by the provider of its data communication network to the Internet and the server provided for the customer. The provider can’t influence the data traffic outside of its communication network. A successful forwarding of information from or to the computer requesting the content is therefore not owed in this respect.

2.3

The provider’s online service is offered subject to availability. 100 percent availability cannot be technically achieved and the provider cannot, therefore, guarantee the customer. The provider tries to keep the service available as constantly as possible. In particular, maintenance, security, or capacity issues, as well as events that are beyond the control of the provider (disruptions in public communication networks, power outages, etc.), can lead to disruptions or the temporary shutdown of the service.

2.4

The provider provides the aforementioned services with total availability of 98%. Availability is calculated based on the time allocated to the respective calendar month in the contract period, minus maintenance times. As far as possible, the provider will carry out the maintenance work in times of low usage.

2.5

The content of the storage space intended for the customer is regularly backed up by the provider. Details on the frequency and procedure of backup can be found in the provider’s description of services. The customer has no right to the surrender of one of the backup media, but only to the transfer of the saved content back to the server.

2.6

The provider is entitled to adapt the hardware and software used to provide the services to the current state of the art. If such an adjustment results in additional requirements for the content stored by the customer on the server to guarantee the provision of the provider’s services, the provider will inform the customer of these additional requirements in good time. In this case, the customer must inform the provider no later than four weeks before the changeover date whether he will adapt his content to the additional requirements in good time – i.e. no later than three working days before the changeover time. If the customer refuses to adapt his content or if he does not declare himself/herself to the provider within the aforementioned period

2.7

 The provider also takes on the procurement of the Internet domain (s) under which the customer’s content is to be made available. For this purpose, the customer must name the Internet domain (s) he/she wants. The provider assumes no liability for the availability of the desired domain (s) or the non-infringement of third-party rights (e.g. name, brand, or title rights) by registering the desired domain (s) on the customer. If the desired domain (s) is (are) no longer available, the provider will inform the customer immediately and submit up to three alternative proposals that come as close as possible to the originally desired domain. The customer then has to decide on one of the alternative proposals within a reasonable period set by the provider. If the customer allows the reasonable deadline set by the provider to pass without a result, the provider is entitled to select a domain for the customer. Obtaining rights to domains already registered for third parties by the responsible registry is not the responsibility of the provider. The integration of an external domain that is managed by another provider is not permitted. The provider has to register the domain in the name and for the account of the customer. In particular, when selecting the domain name and the registration office as well as negotiating the conditions, the provider must independently look after the customer’s financial interests and use his expertise in the customer’s service. On request, he must provide the customer with information and give an account of the status and progress of his activities in this matter at any time. All rights and naming rights acquired on the domain lie with the customer.

CHANGES IN SERVICES
3.1

The provider reserves the right to change the services offered or to offer different services unless this is unreasonable for the customer.

3.2

The provider also reserves the right to change the services offered or to offer different services,

insofar as he is obliged to do so due to a change in the legal situation; insofar as he thereby complies with a court judgment directed against himself or an authority decision; as far as the respective change is necessary to close existing security gaps; if the change is only beneficial to the customer; or if the change is of a purely technical or procedural nature without significant effects for the customer.
3.3

Changes that only have an insignificant impact on the provider’s services do not represent changes in services in the sense of this section. This applies in particular to changes of a purely graphical nature and the mere change in the arrangement of functions.

CONCLUSION OF THE CONTRACT
4.1

The services described on the website of the provider do not represent binding offers on the part of the provider but serve for the submission of a binding offer by the customer.

4.2

The customer can submit the offer using the online order form provided on the provider’s website. After entering his data, the customer submits a legally binding contract offer for the selected services by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, or post..

4.3

The provider can accept the customer’s offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive or by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the provider does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
4.4

The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.

4.5

When submitting an offer via the provider’s online order form, the contract text will be saved by the provider after the contract has been concluded and sent to the customer in text form (e.g. email, fax, or letter) after the customer’s order has been sent. Any further provision of the contract text by the provider does not take place. If the customer has set up a user account for the provider’s website before submitting his order, the order data will be archived on the provider’s website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

4.6

Before placing a binding order using the provider’s online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. Besides, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions.

4.7

Only the German language is available for the conclusion of the contract.

4.8

Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the e-mails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or third parties commissioned by the provider to process the order can be delivered.

CUSTOMER OBLIGATIONS
5.1

The content stored by the customer in the storage space intended for him may be protected by copyright and data protection law. The customer grants the provider the right to be able to make the content stored by him on the server accessible in the event of queries via the Internet, in particular, to reproduce and transmit them for this purpose and to be able to reproduce them for data backup. The customer is responsible for checking whether his use of personal data meets data protection requirements.

5.2

The customer undertakes not to store any content on the storage space made available that violates applicable law or that violates the rights of third parties. The customer also ensures that programs, scripts, etc. are installed by him. do not endanger the operation of the server or the provider’s communications network or the security and integrity of other data stored on the provider’s servers.

5.3

The customer exempts the provider from all claims that third parties may assert against the provider due to infringement of their rights based on content stored by the customer on the server. The customer assumes the costs of the necessary legal defense including all court and lawyer costs in an appropriate amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully, and completely provide the provider with all information necessary for the examination of the claims and a defense.

5.4

In the event of an imminent or actual breach of the above obligations as well as in the assertion of not unfounded claims by third parties against the provider based on the content stored on the server, the provider is entitled to connect this content to the customer, also taking into account the legitimate interests of the customer temporarily shut down the Internet in whole or in part with immediate effect. The provider will inform the customer about this measure immediately.

5.5

Endangering or impairing programs, scripts, or similar installed by the customer. the operation of the provider’s server or communication network or the security and integrity of other data stored on the provider’s servers, the provider can deactivate or uninstall these programs, scripts, etc. If the removal of the hazard or impairment requires this, the provider is also entitled to interrupt the connection of the content stored on the server to the Internet. The provider will inform the customer about this measure immediately.

5.6

For access to the storage space intended for the customer, the customer receives a user ID and a changeable password. The customer is obliged to change the password at regular intervals. The customer may only pass the password on to persons who have been authorized by him to access the storage space.

REMUNERATION AND TERMS OF PAYMENT
6.1

Unless otherwise stated in the provider’s offer, the prices quoted are net prices plus statutory sales tax.

6.2

The remuneration for the services of the provider is to be paid by the customer monthly in advance by no later than the fifth working day of each month unless otherwise agreed. The obligation to pay the remuneration begins with the activation of the storage space by the provider. For the month in which the first activation takes place, the remuneration for each day following activation is 1/30 of the agreed amount.

6.3

The remuneration is debited monthly from the customer’s bank account by direct debit. The customer gives the provider a direct debit mandate that can be revoked at any time. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the charges incurred by the respective bank if he is responsible for this.

6.4

The provision of the services by the provider is bound to the fact that the customer meets his payment obligations on time. If the customer is in arrears with the payment of a not inconsiderable part of the remuneration owed for two consecutive months, the provider can terminate the contractual relationship for good cause without observing a period of notice.

CONTRACT DURATION AND TERMINATION
7.1

The contract is for an unlimited period, but at least for one year (minimum term). During the minimum term, the contract can be terminated with a notice period of three months to the end of the minimum term. If the contract is not terminated in due time, it is extended by a further year and can then be terminated again with a period of three months to the end of the respective contract period.

7.2

The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until a period of notice has expired, taking into account all the circumstances of the individual case and weighing the interests of both parties.

7.3

Terminations must be made in writing or text form (e.g. by e-mail).

7.4

After termination of the contractual relationship, the provider provides the customer with the content stored in the storage space intended for the customer on a data carrier. Any rights of retention of the provider remain unaffected.

LIABILITY
8.1

If the provider negligently violates the Telecommunications Act, an ordinance issued based on this Act, an obligation imposed based on this Act in an allocation or an order of the Bangladesh Telecommunication Regulatory Commission when providing telecommunications services for the public, the liability towards the customer for pecuniary damage is accordingly Bangladesh Telecommunication Regulatory Commission Act.

8.2

Besides, the provider is liable for all contractual, contractual, and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.2.1 The provider is fully liable for any legal reason
in the event of willful intent or gross negligence, in the event of willful or negligent injury to life, body, or health, based on a guarantee promise, unless otherwise regulated in this regard, due to mandatory liability such as under the Product Liability Act.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the provider does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
8.3

If the provider negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed by the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on the compliance of which the customer can regularly rely on.

8.4

Otherwise liability on the part of the provider is excluded.

8.5

The above liability regulations also apply to the liability of the provider for his vicarious agents and legal representatives.

CHANGES TO THE TERMS AND CONDITIONS
9.1

The provider reserves the right to change these terms and conditions at any time without giving reasons unless this is unreasonable for the customer. The provider will notify the customer of changes to the terms and conditions in writing in good time. If the customer does not object to the validity of the new terms and conditions within four weeks after notification, the changed terms and conditions are deemed to have been accepted by the customer. In the notification, the provider will inform the customer of his right to object and the importance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship continues to exist under the original conditions.

9.2

The provider also reserves the right to change these terms and conditions,

insofar as he is obliged to do so due to a change in the legal situation; insofar as he thereby complies with a court judgment directed against himself or an authority decision; insofar as he introduces additional, completely new services, services or service elements that require a description of services in the GTC, unless the previous usage relationship is adversely affected by this; if the change is only beneficial to the customer; or if the change is purely technical or process-related unless it has significant effects on the customer.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the provider does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
9.3

The customer’s right to termination in accordance with Bangladesh Telecommunication Regulatory Commission Section Act. remains unaffected.

APPLICABLE LAW, PLACE OF JURISDICTION
10.1

The law of the People’s Republic of Bangladesh applies to all legal relationships between the parties.

10.2

If the customer acts as a merchant, legal entity under public law or a special fund under public law based in the territory of the People’s Republic of Bangladesh, the exclusive place of jurisdiction for all disputes arising from this contract is the provider’s place of business. If the customer is based outside the territory of the People’s Republic of Bangladesh, the provider’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the provider is always entitled to call the court at the customer’s registered office.

Refund Policy:

We don’t refund just because of the negative buying intention without any sort of issues left. But, yes if you really face any issues and we are unable to resolve them, then in this case, you can pursue the following methods.

Our refund system is divided into 2 categories.

Firstly, our own services: In this case, for monthly services, you can ask for money back within 7 days and our team will contact you in between 3 to 7 days and repay your money.

If you take any yearly services and feel uncomfortable using our services due to the quality of our services and ater-sale support, then you can seek for money back within 60 days. we will contact you in between 3 to 7 days to return your money. But, when you don’t find any issues in our services and supports, then we will really think twice to fully refund your money. 

Secondly: Third-party services, our money back policy doesn’t comply with the policy of the providers of services to which we have no access except selling them.

Note: The payments of suspended service due to unethical or illegal activities will not be refunded.

General Policies of services and determining their prices: 

The company has full authority to add or remove any services & packages and can change the prices of those services. However, it is also assured that the services already taken won’t be altered either ways within the tenure of those services. Again, as human beings, In case any mistakes happen or we face any emergencies, we won’t alter the prices or features of services without the approval of service takers. This is our ethos and we carry it on our shoulders

Responsibilities and Prohibited Use

You are responsible for the activities of your agents, representatives, and end-users (“Users”) and will they abide by this AUP. The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for activities which, in Namepart’s sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose Namrpart to criminal or civil liability. Some examples of prohibited activities follow, but this is not an exhaustive list. You and your Users agree not to use the Services for:

Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.

The unauthorized access, monitoring, collection, or use of data, systems or networks.

Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.

Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.

Run VPN to bypass internet traffic via bdix or vice-versa.

In addition, you and your Users must comply with all applicable laws, rules and regulations related to your use of the Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.

The rules of service suspension

Company reserves the absolute right to immediately suspend the Service due to any unethical, anti-social and illegal activities. However, the account will be frozen for seven days for the user to apply for a cleanup on his own behalf, if the user does not provide proper proof on his behalf within these seven days, the service will be terminated.

Here are some examples for ease of understanding: Abuse Report, Spamming, Phishing, Proxy Use, VPN Service, Bandwidth Bypass, Copyright, unsocial activity, etc.

Attention Please

Our humble request to all of you before enjoying our services: We are determined to keep our steps with you rendering our helping hands to resolve issues in case you face with our services. And, we will do it in a reasonable amount of time with the best way possible! However, if any technical issues take time a bit more to be fixed, then you, people are sincerely requested to stay tuned with us with patience. If anyone doesn’t have that much patience and can’t put up with this issues, then you are humbly requested not to take our services. Instead, take services from those providers who can at least ensure the exact fixing time of issues before they really arrive at your deck.