TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

This document icludes the terms and conditions under which the Grown Star provides you the hosting services. We have the right to alter, ammend or regenerate it without any prior indication to our clients. However the changes made to the terms & condition will be posted prominently to inform the users. We also advise you to visit and consult this document time to time to stay updated about the changes

1. THE HOSTING SERVICES AGREEMENT

This terms and condition document is an agreement between Us and our clients which are getting benefits from our services.The Hosting Services Agreement consolidates the accompanying archives by reference
(I) the Services Description that portrays the Services you are purchasing and related charges;
(ii) these General Terms and Conditions containing the general terms and conditions pertinent to all Services;
(iii) the particular Product Terms and Conditions containing the extra terms for the specific Hosting Services you are purchasing;
(iv) the Acceptable Use Policy. When we utilize the expression "Hosting Services Agreement" or "Agreement" in any of these documents, we are alluding all things considered to every one of them. The Agreement is effective as of the date of the email sent to you by Grown Star.biz explicitly affirming acknowledgment of your request or the date you acknowledge the Agreement as a feature of Grown Star's online request process.

2. Defined Terms

It looks truly pleasant to characterize the wording utilized in this record. In this archive where we utilize the expression "Satisfactory Use Policy" or "AUP" signifies the Grown Star Acceptable Use Policy posted at www.grownstar.biz from the date you consent to the Arrangement. "Associate" signifies an auxiliary or holding organization of either party to this Agreement and any subsidiary of such holding organization (where "holding organization" and "subsidiary" have the implications set out in the Companies Act 2006). "Business Day" or "Business Hours" signifies 8:00 a.m. – 5:00 p.m. Monday through Friday, excluding public holidays in the United Arab Emirates. "Confidential Information" means all information disclosed by one of us to the other, whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including: (i) for you, all information transmitted to or from, or stored on, your Hosted System, (ii) for Grown Star, unpublished prices and other terms of service, audit and security reports, product development plans, solution diagrams, data centre designs (including non­graphic information you may observe on a tour of a data centre), and other proprietary information or technology, and (iii) for both of us, information that is marked or otherwise conspicuously designated as confidential. Information that is independently developed by one of us, without reference to the other’s Confidential Information, or that becomes available to one of us other than through breach of the Agreement or applicable law, shall not be “Confidential Information” of the other party. “Country Specific Terms” means the addendum or addenda that may be incorporated into your Hosting Services Agreement if a portion of your Services are to be provided from a nonUnited Arab Emirates jurisdiction for which we have special legal terms. “Hosted System” refers a collection of hardware, software and networking components that incorporate an information technology system. Depending on the Services you are purchasing, the Hosted System may correspond to a dedicated system for your use only, or the right to use certain parts of a shared system that Grown Star manages for numerous customers, or a collection of some dedicated elements and some shared elements. “Hosting Services” means: (i) Grown Star’s provision for your use of the Hosted System described in the Services Description, and (ii) Support. “Product Terms and Conditions” means the terms and conditions for the specific Hosting Services you are purchasing. “Services Description” means a written description of the Hosted System and/or Supplementary Services you are buying from Grown Star, and relevant fees, that is incorporated by reference in the Agreement, including any “plan” or other name given to a Services description that you submit to Grown Star as part of an online order process. “Service Level Guarantee(s)” means (i) a guarantee or guarantees identified as a “Service Level Guarantee” or “Service Level Guarantees” in the applicable Product Terms and Conditions or (ii) any provision which provides a specified credit or financial remedy for an identified failure to deliver or provide the Services. “Services” means Hosting Services and Supplementary Services, collectively. “Supplementary Services” means those Services you purchase from Grown Star other than the Hosting Services, including time and materials based professional or consulting services (such as database administration or “DBA” services), one­time or non­recurring services which are not part of the existing Support (such as support for the application that you operate on your Hosted System), and any other services identified as “Supplementary Services” on the applicable Services Description. “Support” has the meaning stated in the applicable Product Terms and Conditions.

3. Our Obligations

Grown Star’s obligation to begin providing Services is contingent on your satisfaction of Grownstar’s credit approval criteria. Grown Star will provide the Hosting Services in accordance with the Services Description, the Service Level Guarantees, and other specifications in this Agreement. Grown Star will perform any Supplementary Services in a good and professional manner. Grown Star will maintain security practices that are at least as rigorous as the minimum security practices described at www.grownstar.biz and will provide the specific security services described in your Services Description. Grown Star will perform all Services in accordance with applicable law

4. Customer Duties

You must use reasonable security precautions in connection with your use of the Services. You must comply with the laws applicable to your use of the Services and with the Acceptable Use Policy. You must cooperate with Grown Star’s reasonable investigation of Service outages, security problems, and any suspected breach of the Agreement. You are responsible for keeping your account permissions, billing, and other account information up to date using your Grown Star account or via another Grown Star defined process. You must pay when due the fees for the Services stated in the Services Description or other agreement between us. If there is a dispute with respect to any portion of an invoice, you shall pay the undisputed portion of the fees promptly and provide written details specifying the basis of any dispute. Each of us agrees to work together to promptly resolve any disputes.

5. PROMISES WE DO NOT MAKE

5.1 We do not promise that the Services will be uninterrupted, error­free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information and property.
5.2 We disclaim any and all warranties not expressly stated in the Agreement to the maximum extent permitted by law, including the implied warranties relating to satisfactory quality and fitness for a particular purpose. You are solely responsible for the suitability of the services chosen. Any services that we are not contractually obligated to provide but that we may perform for you at your request and without any additional charge are provided on an ‘AS IS’ basis.
5.3 We do not have knowledge of the data you store within your Hosted System, including the quantity, value or use of the data. You are therefore responsible to take all reasonable steps to mitigate the risks inherent in the provision of the Services, including loss of your data. The Services that Grown Star has agreed to provide to assist you to mitigate such loss (if required) are set out in the Services Description, which may include backup services and geographically redundant servers. Grown Star does not promise to back up your data unless you have purchased backup services. If you purchase backup services Grown Star does not promise to retain any data backup(s) for longer than the agreed data retention period as set out in the Services Description. In all events, you release Grown Star from liability for loss of data to the extent that the data has changed since the time that we were last required by the Agreement to perform a backup.
5.4 We will provide Support only to your administrative or technical contacts listed on your account. We will not provide support directly to your end users unless specifically agreed in writing.
5.5 Certain Grown Star Services are designed to help you comply with various regulatory requirements that may be applicable to you. However, you are responsible for understanding the regulatory requirements applicable to your business and for selecting and using those Services in a manner that complies with the applicable requirements.

6. UNAUTHORISED ACCESS TO YOUR DATA OR USE OF THE SERVICES

Grown Star is not responsible to you or any third party for unauthorised access to your data or the unauthorised use of the Services unless the unauthorised access or use results from Grown Star’s failure to meet its security obligations stated in Section 3 (Our Obligations) of these General Terms and Conditions or the Services Description. You are responsible for the use of the Services by any employee of yours, any person you authorise to use the Services, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorised by you.

7. TERMS AND FEES

Your applicable Product Terms and Conditions and Services Description set out your term and renewal information as well as fee and pricing information.

8. SUSPENSION OF SERVICES

We may suspend Services without liability if:

  • We reasonably believe that the Services are being used in breach of the Agreement;
  • You don’t cooperate with our reasonable investigation of any suspected violation of the Agreement.
  • There is an attack on your Hosted System or your Hosted System is accessed or manipulated by a third party without your consent
  • We are required by law or a regulatory or government body to suspend your Services.
  • There is another event for which we reasonably believe that the suspension of We are required by law or a regulatory or government body to suspend your Services is necessary to protect the Grown Star network or our other customers.
  • We will give you advance notice of a suspension under this clause of at least twelve (12) Business Hours unless we determine in our reasonable commercial judgment that a suspension on shorter or contemporaneous notice is necessary to protect Grown Star or its other customers from imminent and significant operational, legal, or security risk. If your Hosted System is compromised, then you must address the vulnerability prior to Grown Star placing the Hosted System back in service or, at your request, we may be able to perform this work for you at our standard hourly rates as a Supplementary Service.
9. PUBLICITY

You agree that we may publicly disclose that we are providing Services to you and may use your name and logo to identify you as our customer in promotional materials, including press releases. We will not use your name or logo in a manner that suggests an endorsement or affiliation

10. SOFTWARE General

You may not copy any software we provide for your use, unless expressly permitted by this Agreement or use such software after the expiration or termination of the Agreement. You may not remove, modify or obscure any copyright, trade mark, or other proprietary rights notices that appear on any software we provide for your use. Unless permitted by the terms of an open source software licence, you may not reverse engineer, decompile or disassemble any software we provide for your use except and to the extent that you are expressly permitted by applicable law to do this, and then following at least ten (10) days advance written notice to Grown Star. In addition to the terms of this Agreement, your use of any Microsoft® software is governed by Microsoft’s licence terms that appear at: www.grownstar.biz including use restrictions on Microsoft software that is provided for your use under a subscriber access licence or “SAL” or an “anonymous” licence as indicated in your Services Description.

Customer Provided Licences

If you use any non­Rackspace provided software on your Hosted System you represent and warrant to Grown Star that you have the legal right to use the software in that manner. If we have agreed to install, patch or otherwise manage software for you in reliance on your licence with a software vendor (rather than Grown Star’s licence with the software vendor), then you represent and warrant that you have a written licence agreement with the software vendor that permits Grown Star to perform these activities. On Grown Star’s request you will certify in writing that you are in compliance with the requirements of this paragraph and any other software license restrictions that are part of the Agreement, and will provide evidence of your compliance as we may reasonably request. If you fail to provide the required evidence of licensing, Grown Star may, at its option, either charge you its standard fee for the use of the software in reliance on Grown star’s licensing agreement with the vendor until such time as the required evidence is provided; or suspend or terminate the Agreement. Your licensed software may not be compatible with our standard process for deploying and repairing Hosted Systems. In addition, in order to install the software, Grown Star may require you to send the physical or electronic media provided to you by the software vendor, both for deployment, and again in the event of a failure of your Hosted System. You agree that Grown Star will not be in breach of any Service Level Guarantee or other obligation under this Agreement that would not have occurred but for the delay resulting from our agreement to use your licensed software.