Terms & Conditions

Overview

These Terms of Services (“Agreement”) governs the use of the services (“Service” or “Services”) that are made available by BIGBANG (“BIGBANG”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between BIGBANG and the person or a legal entity who subscribes to our service (“Customer”, “Member”, ‘Client” or “you”).

Please read this agreement carefully. By submitting an order or by accessing or using the site or services, you agree that you have read, understand, acknowledge and agree to be bound by the terms and conditions set out in this agreement. If you do not agree to this agreement, or do not meet the qualifications included in this agreement, BIGBANG not willing to provide you with access to or use of the site or services and you must not access or use the site or services. If you access or use the site or services, you acknowledge that you meet the qualifications included in this agreement and agree to be bound by this agreement. BIGBANG may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that BIGBANG believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. All services offered by BIGBANG are governed by this General Terms and Conditions along with subsequent Policies and Agreements.

1. Definitions

Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English meaning as commonly interpreted

2. Age of Majority

Customer represents and warrants that, if an individual, Customer must be 18 years old and otherwise legally competent in all respects to, or, if an entity, Customer is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Customer represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited from registering or signing up with or otherwise subscribing to or receiving any of the Services from BIGBANG. Further, Customer represents and warrants all information provided by Customer to BIGBANG has been and is complete, accurate, and current, and that Customer shall continue to provide complete, accurate and current information to BIGBANG in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information.

3. Services

BIGBANG offers Domain Name Registration, Web Hosting, Email & Collaboration, Security Solutions, Virtual Private Servers, Public Cloud Servers, Dedicated Servers, Colocation Service and Enterprise Cloud Services. Services are provided based on facility and equipment availability. BIGBANG reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason. BIGBANG intends to provide the best possible services to each of its Customers. BIGBANG is also dedicated to staying abreast of new and available technologies that will better serve our Customers. However, due to changing technologies, changing laws and the individual and collective needs of our Customers, BIGBANG reserves the right to change, modify, add or remove all or any part of these Terms at its sole and absolute discretion any time with or without notice. Such changes or modifications shall be made effective for all Members upon posting of the modified Agreement to this web address: https://www.its.ae/terms-of-service. You may read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

4. Service Management

Services purchased from BIGBANG by the Customer can be managed through unified control panel ‘https://portal.big-bang.ae’ from our website. Unified control panel is secured and accessible using a unique user email address and a unique password, provided to the Customer during signup. The password is always to be kept secure and is to be known only by the Account owner. Password is property of the Customer and security of password is his/her sole responsibility. Instructions are provided by Email as well as online in the Support section of the Site to initiate, run and maintain all Services.

5. Maintenance

As part of our continued efforts to enhance customer experience, BIGBANG or its sub-contractors or upstream providers need to carry out maintenance on the network, which may involve temporarily inaccessibility to service offered to customers. BIGBANG will give as much notice as possible and shall try to keep this scheduled maintenance to the period specified in the notice. BIGBANG accepts no liability whatsoever arising from such a suspension of the service. In case of any accidental incidents, BIGBANG or its sub-contractors or upstream providers need to carry out emergency maintenance to avoid any problem/disaster. There may not be any advanced notice from BIGBANG to customer during emergency maintenance. BIGBANG shall not be liable for interruption or services or any special consequential damages which you may suffer because of loss of business, contracts, profits, savings or otherwise due to the maintenance. BIGBANG is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of UAE or other applicable law.

6. Property Rights

6.1.These Terms do not give Customer any rights in BIGBANG intellectual property or technology. BIGBANG and related trademarks and logos are the exclusive property of BIGBANG. BIGBANG and Customer agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar BIGBANG from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.

6.2.Customer does not have any rights in intellectual properties of third-party vendors such as Microsoft, AWS, Google, VMware, cPanel, Plesk, Bitdefender, Carbonite, Softaculous, Comodo etc. Customer hereby agree and warrants that he or she will neither will directly or indirectly misuse property of any third-party vendors associated to services provided by BIGBANG.

7. Disclaimer of Warranty

You, the customer, acknowledge that the services and the software are provided “as is, as available” without any warranty of any kind. BIGBANG hereby disclaims any warranty or condition with respect to the quality, performance or functionality of the services and software, or with respect to the quality or accuracy of any information obtained from or available through use of the services and software, or that the services and software will be uninterrupted, error-free or free of viruses or other harmful components. The services and software may contain errors. No advice or information given by BIGBANG or BIGBANG’s representatives including, without limitation, customer support representatives, shall create a warranty. BIGBANG disclaims all warranties or conditions, express, implied or statutory including, without limitation, warranties or conditions of quiet enjoyment and non-infringement and any implied warranties or conditions of merchantability, title, fitness for a particular purpose, merchantability of computer programs and content. BIGBANG does not guarantee that users will be able to use the services at times or locations of their choosing. BIGBANG does not warrant that the services are compatible with any third-party service or software, even if such third-party claims, represents or warrants that such service or software is compatible with any service or BIGBANG in particular.

8. Force Majeure

Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a “Force Majeure Event”) including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party’s employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party’s reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party’s performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first three months of such interference, provided that such party uses best efforts to avoid or remove such causes of non-performance as soon as possible.

9. Limitation of Liability

BIGBANG SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL BIGBANG BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT BIGBANG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. BIGBANG SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. BIGBANG’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CUSTOMER’S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL BIGBANG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BIGBANG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BIGBANG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL BIGBANG’S TOTAL AGGREGATE LIABILITY EXCEED 1,000.00 AE DIRHAMS.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

10. Indemnification

You, the Customer, agree to defend, indemnify and hold BIGBANG, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or Service by you or any third party of the Services, except to the extent the foregoing directly result from BIGBANG’s own gross negligence or willful misconduct. BIGBANG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Customer

11. Governing law

These Terms shall be governed by the laws of Dubai, United Arab Emirates without reference to conflict of law principles. The Law of Country of the respective business address of BIGBANG shall be applicable to all legal relationships arising from this contract, its advance preparation, and its execution. The language shall be English. This Agreement will be governed by and construed and interpreted in accordance with the law of United Arab Emirates and the parties submit to the exclusive jurisdiction of the Court in Dubai, UAE. The Customer, the Reseller, the Affiliate and BIGBANG agree that a court may strike out or override any part of these Terms & Conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the Terms & Conditions as if the offending clause or clauses had never been contained in them.

Definitions

“We”/”Us”/”Our”/”BIGBANG.” means BIGBANG.

BIGBANG Information Technology Solutions
Dubai – U.A.E.
1944, Tamani Arts Tower, Business Bay, Dubai-UAE
P.O.Box: 74041

“You”/”Your”/”Yourself”/”User”/”Customer” means the user of the Website and/or customer of the Services.

“Services” means any services offered by BIGBANG. on its website including but not limited to domain registration/transfer, Web hosting Services, Emails Solutions, Servers including VPS, Cloud, and Dedicated Servers, Enterprise Cloud Services, Managed Support – commonly referred to as the ‘BIGBANG Services’.

1. Billing/Pricing/Payment

1.1. Billing

i All billings to Customers are in either USD or AED. Customers located in United Arab Emirates will be billed in AED. All other customers are billed in USD.

ii All Invoices are system generated & auto-sent 7 days before the due date on the registered email address (Keeping the updated email address is the sole responsibility of the customer)

iii Payment must be made by the due date to avoid the interruption in services subscribed by customer

iv All Infrastructure services remain active for a (Billable) period of 30 days from the due date before service is suspended. However, any and & all software licenses & cloud subscriptions ex. Domains, SSL, Windows, cPanel, Microsoft 365, etc. are suspended instantly

1.2.Payment

Customer shall agree to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Customer agrees to update and keep current all of Customer’s billing information, email, and all other contact information. It is the Customer’s responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. All payments are received and processed in USD or AED. We offer multiple billing terms for certain services.

 

2. Payment using Credit Card – Terms & Conditions

2.1.BIGBANG has chosen CyberSource to secure credit cards.

2.2.All credit card transactions are processed & stored using secure encryption—the same level of encryption used by leading banks on a PCI-Compliant network.

2.3.Customer can cancel the subscription to any product or service any time before the term expires. In such events, Customer shall not be entitled for any refund for the cancelled service.

2.4.Cancellation request from customer end before the renewal term will terminate your service at the end of your current billing cycle. Customer shall not be billed further. If customer choose not to auto renew option, then he/she shall be liable to pay using offline methods such as QuickPay, PayPal, or pay with online bank transfer & email proof of payment to billing@big-bang.ae before renewal term.

2.5.BIGBANG or its employees do not have access to customer’s credit card details since all details are stored in encrypted format by CyberSource.

2.6.In case customer failed to pay through credit card, he/she shall be liable to pay using offline methods such as QuickPay, PayPal, or pay with online bank transfer & email proof of payment to billing@big-bang.ae before renewal term.

2.7.Services subscribed by customer excluding third-party products like domains. SSL, licenses, Office 365, Microsoft 365, cPanel, Plesk etc. shall get suspended after 30 days of due date in case we do not receive invoiced amount for renewal of service. Third-party products like domains, SSL, licenses, Office 365, Microsoft 365, cPanel, Plesk etc. will get suspended immediately after due date.

2.8.A valid credit card must be added with us if customer wants to subscribe managed multi-cloud services from us.

2.9.Additional usage of any resources like bandwidth, block storage, object storage, snapshot storage, RAM etc will be billed at the end of the month and will be deducted from the credit card stored with us.

2.10.All services are terminated & ALL DATA is permanently deleted from our systems 15 days after the suspension

2.11.BIGBANG’s Terms and Conditions for online credit card payments are subject to change at any time. Each transaction shall be subject to the specific Terms and Conditions that were in place at the time of the transaction

3. Termination

3.1.All services are terminated & ALL DATA is permanently deleted from our systems 15 days after the suspension

3.2.In the unfortunate event of suspension and/or termination, kindly note we are not liable for financially or otherwise for your loss of business and/or communication due to non-payment. This disclaimer further releases us, the provider from any future malign, threats or legal proceedings

4. Promotions

BIGBANG may periodically offer discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Customer downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Customer will forfeit any unused free credits offered under the promotional packaged and BIGBANG will charge Customer the prevailing fees for any free credits redeemed by Customer under the promotional package.

5. Pricing

BIGBANG expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online in our website and effective immediately without any notice. If you have purchased services for a period of months or years, changes or modifications in prices and fees shall be effective when the services in question come up for renewal.

6. Reinstatement Fee

6.1.Few subscriptions like domains etc., require an additional 50% reactivation fee within 7 days of Expiration & entail USD 150 fees thereafter (subject to renewal as per term allowed by the Domain Registration Authority vendor) in addition to the cost of the Renewal subscription.

6.2.Customer shall be liable to make full payment including all suspended license costs are required to reactivate the service, as it entails dual processing at our end.

6.3.It may take 48 hours to re-activate the service after dues cleared by the client during suspension period.

7. BIGBANG makes no representations or warranties that

7.1.The amount submitted to your bank for payment will be the same as the amount posted to your bank statement.

Or

7.2.The estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement, and you agree to waive any and all claims based upon such discrepancies, including any and all claims for a refund based on the foregoing.

7.3.We operate from Dubai, UAE and choose to calculate all taxes on services according to laws and regulation of Dubai, United Arab Emirates and are not based in billing information that you produce at the time of purchase.

8. Taxes

8.1.Customer shall acknowledge and agree that you will be charged 5% Value Added Tax (“VAT”) against all your invoices raised from BIGBANG for your subscriptions, upgrades and renewals as per Federal Authority of Taxes, United Arab Emirates.

8.2.Customer shall acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

8.3.For all the Non-UAE Clients: Value Added Tax (“VAT”) Declaration under Article 31 of the Executive Regulations to the UAE VAT Law With reference to the service received from BIGBANG

We confirm that –

i.We are a Non-resident entity in the UAE.

ii.Service under the contract shall not be received by our employee or a director or any other person/company in the UAE.

iii.However, In case such service is received by our employee or a director or any other person/company in the UAE, then the other person/company is registered for VAT in UAE and will be able to recover full Input tax as per the VAT law in UAE.

In case of any change to above 3 points We shall notify BIGBANG immediately.

9. Refund & Cancellations

9.1.BIGBANG shall, in its sole and absolute discretion, allow for the Return or Replacement of any new Service purchased within 3 days from the date of purchase in case you are not satisfied with the service. Refund will be approved only against request from customer with solid evidence to prove service level issue.

9.2.Money for the requested refund/return shall be refunded back to the Customer in part or whole if the refund/return approve by BIGBANG as per BIGBANG’s Return Policy. Returns shall only be credited back to the Account used to make the original purchase. If the original Account has been closed, the purchase is not eligible for Return.

9.3.There shall be no Refund for products/services/licenses listed below.

i.Domains

ii.All Microsoft Products (Windows Operating Systems, MSSQL Database, Office365, Microsoft Exchange, CDN, SharePoint, Skype for Business, OneDrive, Azure, Dynamics 365, Visio, Enterprise Mobility & Security, Microsoft365 etc.)

iii.All other licenses from external vendors (WHM/cPanel, Plesk, Bitdefender, TrendMicro, Cloud Linux, Softaculous, Acronis, SiteLock, Cloudflare, Anti-Spam, Web Application Firewall, CDN, Weebly website builder etc.)

iv.SSL Certificates

v.Multi-cloud services including Azure, AWS, Digital Ocean, Google Cloud etc.

9.4.Customers can cancel a Product or a Service with a billing subscription at any time by accessing his Account online or by contacting BIGBANG. No future payments shall be billed or charged against his subscription. The cancellation of repetitive billing services does not generate a Refund.

9.5.Any Service interruptions or downtime or outage due to scheduled maintenance by BIGBANG or its network providers shall not count towards the uptime guarantee. BIGBANG is not liable in any way for failure of third-party services

 

BIGBANG Free Tier program consists of offers (“Offers”) for use of BIGBANG Services under the Terms of Services and the terms of the Customer Agreement or other agreement with us governing your use of BIGBANG Services (the “Agreement”).

There are three kinds of Offers:

1. Free for Life

BIGBANG offers certain services for lifetime at free of cost. Plans under the free for life offer are available in the shop.

Free for Life under our Free Tier Program is only available to the new customers and is available for lifetime following your sign-up date.

You will not be eligible for any Offers if you or your entity create(s) more than one account to receive additional benefits under the Free for Life Offer.

An organization can only get the benefit of Free of Life Service using one account in the Organization. We will aggregate the usage across all accounts in the Organization to calculate the Organization’s use of the Services under the Free for Life offer. You will be charged standard rates for use of BIGBANG Services if we determine that you are not eligible for an Offer.

If you have not used the Free for Life Services provided under the Free Tier Offer during the previous 3 months, we may reclaim those services after giving you 30 days’ notice. Even if your services are reclaimed, you may continue to participate in Offers using new Free for Life Services.

2. Free Trial

BIGBANG offers certain services for 7 days free trial to experience it’s services. Plans under the free for life offer are available in the shop.

The Trial period of the Service is free of charge and limited in a timely manner. At any point of the Trial, you may contact sales@big-bang.ae to upgrade your Trial to a paid plan. Expiration of the Trial without upgrade lead to deletion of the service and all data and cannot be restored.

New benefits added to the Free Trial offer will be available to you for the remainder of your Free Trial term but will not extend it. If your trial period has already expired, then you will not be entitled to any such new benefits.

Unused usage amounts remaining at the end of the month under any Offers do not roll over to subsequent months.

3. Free Credit

We offer eligible customers $30 in Free credits (“Credits”) to be used within the first 30 days of sign-up for the services under multi-cloud (services subject to change). This offer is limited to one Free Account per eligible customer and cannot be combined with any other offer unless otherwise permitted by BIGBANG.

With the Free Credit, eligible customers receive $30 of credits which can be used within the first 30 days on most Azure services. Any unused credits cannot be carried over to subsequent months and cannot be transferred to other subscriptions.

Within 30 days of sign-up or upon exhaustion of the Credits (whichever occurs first), you must upgrade to paid subscription by removing the Spending Limit. This allows continued use of the services for the term.

Exclusions:

Free credits may not be used to purchase Managed support plans, third-party branded products, products sold through the BIGBANG Marketplace, SSL Certificates, Domains or any third-party licenses

Free credits may not be used to purchase Managed support plans, third-party branded products, products sold through the BIGBANG Marketplace, SSL Certificates, Domains or any third-party licenses

We may terminate any services under the Free Tier Program at any time.

Customer shall agree and accept that you will not facilitate, engage in, or participate in any use of BIGBANG Free Tier services, for crypto currency mining, denial of service attacks, spamming, or illegal activity, and/or any use that could cause harm to BIGBANG or others, and will enforce strong internal controls to prevent the same. If BIGBANG believes for any reason that such BIGBANG services under the Free Tier Program are being used for any prohibited purpose, BIGBANG may, in its sole discretion, suspend or terminate your access to the services you have subscribed.

Service Level Agreements

Definitions

Service-level agreements (SLAs) describe our commitments for uptime and connectivity. The SLA for VPS, Dedicated Server and Managed Multi-Cloud Services are listed below

“We”/”Us”/”Our”/”BIGBANG” means BIGBANG, 404, Apricot Tower, Dubai Silicon Oasis, Dubai, United Arab Emirates and/or any of its subsidiaries and/ or affiliates involved in providing the Services.

“You”/” Your”/” Yourself”/” User”/” Customer” means the user of the Website and/or customer of the Services.

BIGBANG strives to provide a high-quality service and backs it up with a comprehensive Service Level Agreement

This SLA is an integral part of your agreement with us as referenced in our Terms of Service

The compensations described in this SLA are your sole and exclusive compensations for the events covered by the SLA.

BIGBANG may make changes to the Service Level Agreement from time to time. When these changes are made, BIGBANG will make a new copy of the Service Level Agreement available at Terms of Service. BIGBANG will also notify you of any substantial changes on the email address provided by you during the registration process and give you the opportunity to terminate your contract with us should you not agree with these substantial changes. You understand and agree that if you use the Services after the date indicated in the said email, BIGBANG will treat your use as acceptance of the updated Service Level Agreement.

Standard Level of Service (Service Standard)

BIGBANG’ goal is to ensure that our services are available to Customers with at least 99.5% effective uptime.

  • BIGBANG Cloud
  • For any Single Instance Virtual Machine using general purpose block storage for all Operating System Disks and Data Disks, we guarantee you will have Virtual Machine Connectivity of at least 99.5%For all Virtual Machines that have two or more instances deployed across two or more Data centers with Disaster Recovery as a Service we guarantee you will have Virtual Machine Connectivity to at least one instance at least 99.9% of the time.
  • BIGBANG VPS
  • For any Single Instance Virtual Machine using general purpose block storage for all Operating System Disks and Data Disks, we guarantee you will have Virtual Machine Connectivity of at least 99.5%
  • BIGBANG Dedicated Server
  • For any Single Instance Dedicated Server using SSD for all Operating System Disks and Data Disks, we guarantee you will have Dedicated Server Connectivity of at least 99.5%

SLA Credit for BIGBANG Cloud/VPS/Dedicated Server

Credits disbursed when service standard is not met

We will compensate our customers if our Service Standards are not met and provided the Customer(s) would have reported it through our Support Portal. Compensation will be through credit against Customer’s next monthly invoice. Collectively, these are referred to as SLA Credits. SLA Credits are based on our monitoring, may not exceed the total amount of Fees you have paid to us for the month in which we failed to meet the Service Standards, may not be aggregated, and will not be paid in cash.

Uptime % Credit
Less than 99.5% but equal to or greater than 98.0% 2.5%
Less than 98.0% but equal to or greater than 95.0% 5.0%
Less than 95.0% but equal to or greater than 90.0% 7.5%
Less than 90.0% but equal to or greater than 85.0% 10.0%
Less than 85.0% 1 Month Free

Situations in which we will not disburse any credit

All calculations are based on effective uptime%. Therefore, scheduled maintenance and reboots after patching/kernel upgrade will not be considered as downtime. Should we fail to meet the Service Standard goal as a result of scheduled outages, emergency maintenance or Force Majeure Events, the SLA Credit policy will not be applicable.

If the failure to meet the Service Standards is based on a non-standard environment, customer authored code or changes to the Service by parties other than BIGBANG, you will not be entitled to any SLA Credit.

Azure Cloud – SLA

https://azure.microsoft.com/en-us/support/legal/sla/

AWS – SLA

https://aws.amazon.com/compute/sla/

Digital Ocean – SLA

For any Single Instance Virtual Machine using general purpose block storage for all Operating System Disks and Data Disks, we guarantee you will have Virtual Machine Connectivity of at least 99.99%.

SLA Exclusions

This SLA and any applicable Service Levels do not apply to any performance or availability issues:

i.that result from a suspension due to violation of Terms of Service.

ii.occurred due to factors outside our reasonable control (for example: natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data centers)

iii.that result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices

iv.that result from your equipment, software or other technology and/or third-party equipment, software, or other technology (other than third party equipment within our direct control)

v.caused by your use of an obsolete Service even after we advised you to modify/upgrade.

vi.that result from faulty input, instructions, or arguments (for example, requests to access files that do not exist)

 

Service Level Terms

WEB PRESENCE

  1. Domain Registration & Transfer

Agreement

This Domain Registration Agreement (“Agreement”) is between BIGBANG as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here (“we,” “us,” “our,” “Registrar”, BIGBANG), and you, the person or entity registering a domain or domains through BIGBANG. This Agreement explains our obligations to you, and explains your obligations to us for various Services.

Selection of a Domain Name

You represent that, to the best of the your knowledge and belief, neither the registration of the SLD name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party and that the Domain Name is not being registered for any unlawful purpose.

Fees

As consideration for the services you have selected, you agree to pay BIGBANG for registration or renewal, the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”). By accepting this agreement, Customer warrants that the statements in your application are true.

Term

You agree that the Registration Agreement will remain in full force during the length of the term of your Domain Name Registration. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, and then the term of this Registration Agreement will be extended accordingly. This Agreement will remain in full force during the length of the term of your Domain Name Registration as selected, recorded, and paid for upon registration of the Domain Name. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, and then the term of this Registration Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred due to another Registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force for the purpose of registering domain names then in force between SLD holders and the new Registrar.

Expired Domain Names

You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer (“ED Transfer”).

Modifications to Agreement

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by Email as per the Notices section of this agreement. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by Email as per the Notices section of this agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the ICANN Uniform Dispute Resolution Policy (“Dispute Policy”) as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

Modification to your account

In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.

Domain Name Dispute Policy

If You reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference.

If the registered domain name belongs to the “.info” tld extension, You also submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Sunrise Dispute Resolution Policy (“SDRP”).

Domain Name Disputes

You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to the jurisdiction of the courts of Dubai, UAE.

ICANN policy

You agree that your registration of the SLD name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the SLD name. Further, you acknowledge that you have read and understand the Registrant Rights and Responsibilities as outlined by ICANN: Registrant Rights and Responsibilities

Restriction on registrar Transfers

For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into BIGBANG. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to BIGBANG for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by BIGBANG to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

Agency

Should you intend to license use of a domain name to a third party you shall nonetheless be the SLD holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the SLD. You shall accept liability for harm caused by wrongful use of the SLD, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm.

Announcements

Registrar reserves the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

Limitation of Liability

You agree that BIGBANG will not be liable to you or any other person for any loss that may occur due to (a) any loss of registration of a domain name, (b) the use of your domain name, (c) access delays or access interruptions to BIGBANG’s registration system; (d) the non-delivery or mis-delivery of data between you and BIGBANG; (e) events beyond BIGBANG’s reasonable control; (f) the processing of this application; (g) the processing of any modification to the record associated with your domain name, (h) the failure of you or your agent to pay any fees hereunder; or (i) the application of the dispute policy. Further, BIGBANG will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if BIGBANG has been advised of the possibility of such damages. In no event shall BIGBANG’s maximum liability exceed the total amount paid by you to BIGBANG for registration of your domain name during the prior 3 years under the terms of this agreement.

Indemnity

You agree to indemnify, defend and hold harmless the Registry Operators, including .aeDA, Enom Inc. etc and their directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the domain name registration. You further agree that this indemnification obligation will survive the termination or expiration of the registration agreement. Failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name and forfeit the right to privacy on a domain. A pro-rated refund will be issued to the payment method on file for the remaining unused service.

Transfer of ownership

The person named as registrant contact at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee”) you shall require the ‘Transferee’ to agree to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such assurance along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

Breach

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, and then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

No Guaranty

You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.

Disclaimer of Warranties

You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Information

As part of the registration process, you are required to provide us certain information and to notify us within seven (7) days of any change as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information (collectively, the “Registration Information”):

1.  Your name and postal address (or, if different, that of the domain name holder);

2.  The domain name being registered

3.  The name, postal address, Email address, and voice and fax (if available) telephone/mobile numbers of the administrative contact for the domain name.

4.  The name, postal address, Email address, and voice and fax (if available) telephone/mobile numbers of the billing contact for the domain name.

5.  Any other information which we request from you at registration is voluntary. Any voluntary information we request is collected such that we can continue to improve the products and services offered to you through Registrar.

Domain Privacy Service

1.1  If you purchased domain privacy services (“Domain Privacy”), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by Registrar as determined in its sole discretion (the “Private WHOIS Contact Information”).

1.2  Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.

1.3  The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. Registrar may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.

1.4  Notwithstanding anything to the contrary, you agree that Registrar may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize Registrar to receive, sort, open, forward, and destroy any and all Email sent to our address at our sole discretion. You specifically acknowledge that Registrar is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or UAE postal mail; however, Registrar will NOT forward “junk” mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize Registrar to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you.

1.5  If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.

1.6  Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search.

1.7  Registrar expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you.

a   To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;

b  To comply with ICANN’s Uniform Domain Name Dispute Resolution Policy

c  To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party’s trademark, trade name, or other legal rights;

d    In the event you breach any provision of this Registration Agreement or any other agreement you’ve entered into with Registrar, including, but not limited to, the Terms of Service;

e    To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;

f  To avoid any financial loss or legal liability (civil or criminal) on the part of Registrar, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;

g  To prevent inappropriate activity that comes to Registrar’s attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate laws of the United Arab Emirates; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortuous, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.

h  Pursuant to paragraph 3.7.7.3 of ICANN’s Registrar Accreditation Agreement (“RAA”), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing your Registration Information and for providing and updating valid and accurate Registration Information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name unless the Registered Name Holder promptly discloses the identity of the licensee to the party claiming violation or infringement of its rights.

Revocation

Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the SLD registration.

Right of Refusal

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.

Severability

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

Non Agency

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

Non Waiver

Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Notices

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via Email. Valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of Email notification to us at billing@big-bang.ae or, in the case of notice to you, at the Email address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 6:00 p.m. GST, otherwise it will be deemed to have been delivered on the next business day.

Entirety

You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

Obligation to Maintain WHOIS

Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by ICANN or an applicable registry policy.

Revocation

We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.

Inconsistencies with Registry Policies

In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.

Non- Waiver

Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Force Majeure

You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

.ae REGISTRATION TERMS & CONDITIONS

1. Registrar’s agency agrees and covenants to act as an agent for the .aeDA for the sole purpose, but only to the extent necessary, to enable the.aeDA to receive the benefit of rights and covenants conferred to them under the Registrant Agreement.

2.  Registration of Domain Names

2.1  A Domain Name Application must be in the form prescribed under the .aeDA Policies. The Domain Name must comply with the .aeDA Policies.

2.2  BIGBANG ITS and the Registrant do not have any proprietary right arising from:

2.2.1  the Registered Name; or

2.2.2  the entry of a Domain Name in the Registry Database.

2.3  All personal information pertaining to the Registrant is held by the .aeDA for the benefit of the public of the UAE

3.  Registrant information

The Registrant grants to:

3.1  the .aeDA, the right to publicly disclose to third parties, all information relating to the Registered Names in accordance with the .aeDA Policies which are available on the .aeDA’s website;

3.2  BIGBANG ITS, the right to disclose to the .aeDA Registry, all information which is reasonably required by the .aeDA Registry in order to Register the Domain Name in the Registry; and

2.3  the .aeDA Registry, the right to publicly disclose to third parties, all information relating to the Registered     Name to enable the .aeDA Registry to maintain a public Registry WhoIs service, provided that such disclosure is consistent with all relevant .aeDA Policies.

4.   Change of Registrar

4.1  BIGBANG ITS ensures that the Registrant can easily transfer Sponsorship of the Registered Names the subject of this Agreement to another Registrar in accordance with the .aeDA Policies. The .aeDA Policies include, but are not limited to, such matters as:

4.1.1  the maximum fees chargeable by the Registrar;

4.1.2  when fees are not chargeable by the Registrar;

4.1.3  the circumstances pursuant to which the Registrar must transfer the Sponsorship of the Registered Names the subject of this Agreement; and

4.1.4  the circumstances pursuant to which the Registrar must transfer the Sponsorship of the Registered Names the subject of this Agreement; and

4.2  In the event that:

4.2.1  BIGBANG ITS is no longer a Registrar; or

4.2.2  the Registrar’s Accreditation is suspended or terminated; or

4.2.3  the Registry-Registrar Agreement (RRA) is terminated by .aeDA, the Registrant is responsible for transferring the Registered Domain Name the subject of this Agreement to a new Registrar in accordance with the .aeDA. Policies within 30 calendar days of written notice being provided to the Registrant by the.aeDA. In the event that the Registrar-Registry Agreement (RRA) between the .aeDA and the Registrar is terminated, the Registrar must not charge the Registrant any fee for the transfer of the Registered Domain Name the subject of this Agreement to another Registrar.

5.   Registrar’s obligations

5.1  BIGBANG ITS will immediately give written notice to the Registrant if:

5.1.1  BIGBANG ITS is no longer a Registrar; or

5.1.2  the Accreditation is suspended or terminated; or

5.1.3  the Registry-Registrar Agreement (RRA) is terminated by the .aeDA.

5.2  The .aeDA may post notice of:

5.2.1  the fact that the BIGBANG ITS is no longer a Registrar;

5.2.2  the suspension or termination of a Registrar’s Accreditation; or Registry-Registrar Agreement

5.2.3  the termination of the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar on its web site and may, if it considers appropriate, give such written notice specifically to the Registrant.

6.  Registrant’s obligations

6.1   Throughout the Term of the Registrant Agreement, the Registrant must:

6.1.1  comply with the .aeDA Policies; and

6.1.2  give notice to the .aeDA Registry, through the Registrar, of any change to any information in the Registrant Data.

6.2  The Registrant must not, directly or indirectly, through Registration or use of its Domain Name or otherwise:

6.2.1  Register a Domain Name for the purpose of diverting trade from another business or web site;

6.2.2  Deliberately Register misspellings of another entity’s company or brand name in order to trade on the reputation of another entity’s goodwill; and

6.2.3  Register a Domain Name and then passively hold a Domain Name License for the purpose of preventing another Registrant from registering it.

6.3  The Registrant must not in any way:

6.3.1  transfer or purport to transfer a proprietary right in any Domain Name Registration;

6.3.2  grant or purport to grant a Registered Domain Name as security; or

6.3.3  encumber or purport to encumber a Domain Name Registration.

6.4  The Registrant will, immediately upon being requested to do so, enter into Domain Name License with the .aeDA.

7.  dispute resolution

7.1   The .aeDA currently has in place a dispute resolution policy called aeDRP (the .ae Dispute Resolution Policy) between the Registrant and a third party, in relation to entitlements to the Registered Domain Name the subject of this Agreement. The parties agree that the aeDRP binds the Registrar and the Registrant as if it were incorporated in the Registrant Agreement.

8.  Registrant Warranties

8.1   The Registrant Warrants that it meets, and continues to meet, the Eligibility criteria prescribed in the .aeDA Policies relating to the Registering of a Domain Name. In the event that the Registrant ceases to meet such Eligibility criteria, the Domain Name License may be terminated by either the Registrar or the.aeDA.

8.2   The Registrant makes the warranties set out in Registrant Warranties Policy (and any other Policy introduced in substitution, replacement or amendment to that Policy by the Registrar). The warranties include, without limitation, that all information supplied to the Registrar for the Registration of the Domain Name the subject of this Agreement is true, complete and correct. The Registrant accepts that the .aeDA or the Registrar shall cancel the Registration of the Domain Name the subject of this Agreement if any of the warranties are not true.

8.3   The Registrant Warrants that it has not previously submitted a Domain Name which is the same as the Domain Name the subject of this Agreement for Registration with another Registrar where:

8.3.1  the Registrant is relying upon the same Eligibility criteria for both Domain Names; and

8.3.2  the Domain Name has previously been rejected by the other Registrar.

9.  Liability

9.1   The Registrant shall not pursue any claim against the .aeDA for anything arising out of this Agreement or related to the Domain name the subject of this agreement, and the .aeDA is not liable for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third party damages arising from any breach by the Registrar of its obligations under the Registrant Agreement or the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar.

9.2  The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to the .aeDA, entitling the .aeDA to terminate the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar, the .aeDA may in its sole discretion terminate the Registry-Registrar Agreement (RRA).

9.3   The Registrant agrees that the .aeDA is not responsible for the use of any Domain Name in the Registry database and that the .aeDA is not responsible in any way for any conflict or dispute with or any actual or threatened claim against a Registrar or Registrant, including one relating to a registered or unregistered trademark, a corporate, business or other trade name, rights relating to a name or other identifying indicia or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

9.4   Notwithstanding any other provision of this Agreement and to the fullest extent permitted by law, the .aeDA will not be liable to the Registrant for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of the .aeDA, its employees, agents or subcontractors.

10.  Privacy Policy

When a Domain Name is registered, certain information is collected for use on the Whois Service. The Whois Service allows internet users to query a Domain Name to find out the identity and contact details of Registrants. The public Whois service is a standard feature of Domain Name systems around the world. Please see the .aeDA´s Whois Data Collection and Display Policy www.aeDA.ae which sets out the guidelines on the collection, disclosure and use of Whois data.

11.  Registrant Agreement

We support to accept orders for Registration, Cancellation, Deletion, Renewal, Maintenance or Transfer and Billing and Technical Support to Registrants. Our Customer Service and Support in relation to ensuring, and in compliance with .aeDA policies the accuracy of and maintenance of accurate Registry Data and any necessary changes. The Domain Name must comply with the .aeDA Policies. The Registrant does not have any proprietary right arising from: the Registered Name; or the entry of a Domain Name in the Registry Database. All personal information pertaining to the Registrant is held by the .aeDA for the benefit of the public of the UAE.

12.  Domain Name License and Certificate of Registration.

The Domain Name License and Certificate of Registration is Emailed to the Registrants address as stored in the Registry Database.

14.  Registrant Warranty Statement.

By submitting this Application for a Domain Name, you hereby confirm that you are eligible to hold the Domain Name set out in this application, and that all information provided in this Application is true, complete and correct, and is not misleading in any way. If any of the information is later found not to be true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this Application in bad faith, the Domain Name License shall be cancelled, and you shall permanently lose the use of the Domain Name.

  1. Web Hosting

THIS AGREEMENT is made and entered between BIGBANG ITS, hereinafter referred to as BIGBANG ITS and the Customer, who wishes to use the services of BIGBANG ITS NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1.   Service Description:

As a World Wide Web service provider, BIGBANG ITS provides shared Webhosting service on dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of BIGBANG ITS to establish an Internet web presence on one of BIGBANG ITS’s server computers.

2.   Conditions:

The application and this Agreement constitute a binding contract between BIGBANG ITS and the Customer and do not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations after the application is received and web space is set-up will still hold the Customer responsible for costs incurred by BIGBANG ITS concerning the set-up of the web space.

3.   Warranties: 

With respect to the service to be provided herein, the Customer acknowledges that BIGBANG ITS makes absolutely no warranties whatsoever express or implied. As a result, the Customer agrees that BIGBANG ITS shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

4.   Information: 

The utilization of any data or information received by the Customer from the utilization of the service to be provided by BIGBANG ITS is at the Customer’s sole and absolute risk. BIGBANG ITS specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby. Domain Name: If BIGBANG ITS shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against BIGBANG ITS for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by BIGBANG ITS for any reason.

5.   Unilateral Service Revocation:

In the event that BIGBANG ITS may at any time believe that the services cannot be continued for any reason then it will give 30 days notice for discontinuation of service and refund the payments for unutilized period of the original contract to the customer or if the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith including the standard terms and conditions as per Annexure-A BIGBANG ITS may immediately discontinue such service to the Customer without liability.

6.   Indemnification: 

The Customer shall indemnify and hold harmless BIGBANG ITS from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against BIGBANG ITS on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

7.   Changes In Terms of Agreement:

BIGBANG ITS reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

8.   Entire Agreement and Understanding: 

This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

  1. Resource Usage:

Based on the prevailing industry standards, all our hosting related products were packaged around the Disk Space and Bandwidth specifications. The practice continues even in 2015. The technology has undergone a sea change with better and powerful CPUs, Cheaper and higher RAM and larger storage devices. On the software side too, the contents have steadily moved to web 2.0 and web 3.0 platforms. Dynamically generated web sites, engaging flash graphics & movies, content fetching in background like RSS, quotes, tweets etc etc, demand availability of other resources like CPU power, RAM allocations, Database overheads etc etc. It is very difficult for the customers to specify such requirements in advance. As the sites grow, so is the need of higher resources till the customer reaches a limit on the shared environment. If one customer uses more resources on a shared server, the other customer’s sites / accounts are affected. We enforce following resource limits on all our shared servers. If your needs are not met, please do not sign-up the regular hosting account. Talk to our sales or business development team to customize services for you. These resource usage limits are applicable to all web hosting (Includes “Web Hosting / Business Email/ Reseller”) accounts. These are not applicable to the dedicated / cloud servers. These policies are in place to protect you, our customers, from poor service quality.

9.1. CPU Usage:

Whether a web page is static or dynamically constructed, the web server’s CPU is used to obtain and deliver the web page to your visitors. When a page is dynamically created by a script, even more CPU cycles or resources are used, since the script has do a fair amount of processing to reconstruct your web page. It has to load the web template, obtain the data for that specific page from the database, execute the plugins or modules that you have installed, and finally assemble the page for delivery to the visitor.

Since CPU time is a finite resource shared by all websites hosted on a particular web server, if any one website excessively uses the CPU, the other sites on that computer will not have an opportunity to deliver their pages in a timely fashion, and will appear either to be sluggish or non-responsive. As such, we monitor the amount of CPU your site uses on shared web hosting plans, to prevent problems when a single website uses too much of the CPU time, adversely affecting the other websites on that server.

9.2. RAM Usage:

RAM is the temporary memory that holds your site’s scripts and their data while they execute. The maximum amount of RAM a machine can have, is fixed. That amount of RAM is shared by all accounts on those servers. This memory is needed by all programs that is run on the server, including the server itself. If your scripts are huge, or they require a lot of RAM to execute, they will be competing in that limited pool of memory shared by all sites and all programs. As such, memory usage is another resource which is limited too.

9.3. Database Connections:

The data for dynamic websites is usually kept in special databases on the web server. A database server, such as the popular MS SQL / MySQL server, manages the database and provides the information requested by the site’s scripts when they need it.

Database servers have a limit on the number of connections they can accept at any one time. When too many requests for data are made simultaneously, they run out of resources and are unable to service those requests. This typically happens when your site receives a large amount of traffic, or when you use a script that is not very efficient (for example, it makes too many requests for every page it delivers), or both.

9.4. File System Contents:

Depending on the format type used for the storage disks, there could be limitations on number sub-directories and files within a directory. All the files must have proper permissions.

9.5. Resource Usage Restrictions:

9.5.1. CPU, RAM and Processes:

CPU usage, RAM usage and Processes invoked by your account, cron or any other method should not exceed the following limitations:

  1. Utilize 25% or more of CPU usage for more than 90 Seconds.
    2. Consumes more than 32 MB of RAM for more than 120 Seconds.
    3.Number of open files should not exceed 64.
    4.Create core dumps.
    5.Number of simultaneous processes should not exceed 5.
    6.Execute a script/binary that forks in a way to create a fork bomb.
    7.Programs may not run in the background or listen on a network port. Running bot, service or daemon in the background is not allowed.

9.5.2. Database Restrictions :

  1. Database is to be used only for the hosting account on the same server.
    2. Indexes must be used in databases.
    3. Mysql tuning parameters cannot be modified by users.
    4. All users are restricted to 15 concurrent MySQL connections.
    5. Each database is restricted to a maximum of 1 GB of disk space.
    6. Database queries should not exceed 1,000 per hour.
    7. Database changes (insert/update/delete) should not exceed 300 queries per hour.
    8. Database servers should not be used as a hosted solution.
    9. Remote database access is for administrative purposes only.

9.5.3. Files and Directories :

The total number of inodes in an account may not exceed 75,000. Every file (a web page, image, email, php file, directory, etc.) on your account uses up one (1) inode. This is not something we actively enforce and it will only become an issue if a client is causing problems for other people on the server. We will of course notify you if this is the case with a full explanation.

A directory cannot contain more than 2,500 immediate child files. This includes sub-directories themselves, but does not include files contained within those directories.

9.5.4. Web :

1.    Hosting accounts are to be used for the purposes of hosting web sites – they are not to be used to back up content from remote computers or as a general purpose file storage system.
2.    All third party web applications that you install must be kept up-to-date.
3.    Accounts will be suspended if any unpatched or buggy web applications are actively being exploited.
4.    Simultaneous Apache connections may not exceed 50 from one individual source at any given time.
5.    Web processes should not fork or spawn sub-processes.
6.    No Running a gaming server.
7.    No Running a proxy server or anonymizer, either publicly accessible or password protected.
8.    No Web spiders and indexers.

9.5.5. Email and Mailing Lists :

1.    Attachment Files more than 10mb are not accepted for delivery.
2.    Mailbox sizes are restricted to 1GB
3.    POP / IMAP connections are limited based on the classification of the mail servers. Please know your allocations at the time of signing up the account.
4.    Mail delivery times are not guaranteed. Based on the network congestion, recipient mail server configurations and responses, mails may get delayed, bounced or even discarded & lost at times.
5.    Mailing lists larger than 1,500 will require a semi dedicated, VPS, or dedicated server. Dividing one list into smaller parts to get around this limit is not allowed.
6.    We do not allow you to send to a mailing list you were given or that you bought. This is spamming and we have zero tolerance for this.
7.    Any mailing list must comply with the rules set forth by the United States of America and can be found at: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
8.    No Direct SMTP mailing system scripts or mail servers are permitted. Mail should be relayed through the local MTA. Rate Limits on number of emails per hour that can be sent through our servers will apply.
9.  Any emails sent to a mailing list must contain an unsubscribe link to an automated email removal system. This system must not be behind password protection.
10.  Our SMTP gateway is to be used only for the domain you have signed up the account for. All from addresses must be from your domain name for sending outbound mails. Any other smtp tweaking to use our SMTP service is not permitted.
11.  If your email account is exploited by spammers, your account will be suspended without any notice.
12.  If your local network is infected and sends spam mails, your account will be suspended without any notice.

9.5.6. Cron Jobs :

1.    All cron jobs must be ‘niced’ to 15 or greater.
2.    A cron job should not execute more frequently than once every 15 minutes.
3.    If a cron usage exceeds the CPU resource limits, the account will be suspended.

  1. Resource Usage:

We may work with the customers to bring to their notice about the resource exceeding incidents. If it is transient, not lasting one day, our engineers will work with you to guide you to resolve the problems. If it is non-transient, it is a good sign for the customer that their online business and requirement is growing. We will do our best to work with customers to give 48 hours, 2 days, or 5 days’ notice depending on the severity of the violation. We reserve the right as outlined in the AUP to suspend a site if it is causing a severe problem.

  1. Failure to Comply with Policy:

Failure to fully comply with these terms is grounds for account suspension and/or termination without a refund. We reserve the right to remove any account without prior notice. If we terminate your account for violating policy, you will forfeit your rights to a refund.

  1. Security

SSL CERTIFICATES

These Terms of Service (“Agreement”) set forth the terms and conditions of your use of SSL certificates (“Certificates”) and related services (“Services”). In this Agreement “you” and “your” refer to you or any agent, employee, servant or person authorized to act on your behalf. “We”, “us” and “our” refer collectively to BIGBANG ITS. This Agreement explains our obligations to you, and explains your obligations to us for various services offered by BIGBANG ITS. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional BIGBANG ITS service(s) or products or to cancel your BIGBANG ITS service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions.

DESCRIPTION OF THE CERTIFICATES

The Certificate for which you have applied on behalf of your organization is a fully authenticated certificate. These Certificates are issued to devices to provide authentication; message, software, and content integrity; and confidentiality encryption. Fully authenticated Certificates provide assurances of the identity of the Subscriber based on a confirmation that the Subscriber organization does in fact exist. The Certificate also provides assurances that the Subscriber is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate Application. The following applies to Single Domain, Multi-Domain and Wild Card Certificates from ComodoCA, PositiveSSL, GeoTrust QuickSSL, QuickSSL Premium, etc.: The Certificate for which you have applied on behalf of your organization is not a fully authenticated Certificate. These Certificates are issued to devices to provide validation of the domain; message, software, and content integrity; and confidentiality encryption. These Certificates provide assurances of the validity of the domain and that the domain administrator has authorized the Certificate Application. No organization authentication is performed on the owner of the domain.

USE RESTRICTIONS

You are prohibited from using your Certificate (i) for or on behalf of any other organization; (ii) to perform private or public key operations in connection with any domain and/or organization name other than the one you submitted on your Certificate Application; (iii) on more than one physical server or device at a time; and (iv) for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury, or severe environmental damage.

FEES

As consideration for the Service(s) and renewal of the Service(s) you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, except that we will refund a payment if, before seven (07) days after the Certificate’s issuance, you have 1) not used the Certificate and 2) made a written request to BIGBANG ITS for the Certificate’s revocation.

PAYMENT

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that we may suspend access to any and all accounts you have with us and/or your Primary Service Provider and that all rights to and interest in and use of any SSL certificate(s), including all data hosted on our systems shall be assumed by us in satisfaction of any indebtedness by you to us. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our reinstatement fee, currently set at AED 250. Charges for the Service(s) which use our credit card payment processor will be identified on your credit card statement as “BIGBANG ITS”.

EXPIRATION AND RENEWAL OF SERVICE(S)

You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your SSL certificate is set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time.

REVOCATION

BIGBANG ITS retains the right to revoke your Certificate at any time without notice if (i) BIGBANG ITS discovers that the information within your Certificate is no longer valid; (ii) you fail to perform your obligations under the terms of this Agreement; or (iii) in BIGBANG ITS’s sole discretion, you have engaged in activities which BIGBANG ITS determines are harmful.

ACCURATE ACCOUNT CONTACT INFORMATION

As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you with respect to your account information. You agree to maintain and update this information as needed to keep it current, complete and accurate. In the event the lack of accurate/current contact information results in loss or cancellation of SSL certificate(s) associated with your account, you agree that you shall not hold BIGBANG ITS liable for any such loss or any damages associated with the loss. Not providing requested information may prevent you from obtaining all Service(s).

You agree to notify BIGBANG ITS within three (3) business days when any of the information you provided as part of the application changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide BIGBANG ITS with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement. Failure by you, for whatever reason, to respond within three (3) business days to any inquiries made by BIGBANG ITS to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement. You agree to retain a copy for your record of the receipt for purchase of your SSL certificate.

LIMITATION OF LIABILITY

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), (2) USE OF THE SERVICE(S), (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO AN SSL CERTIFICATE PURCHASED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR AN SSL CERTIFICATE; OR (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SSL CERTIFICATE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. Dedicated Server / Co-location

AGREEMENT

The following terms of service (these “Terms of Service” or this “Agreement”) govern the provision by BIGBANG ITS to the customer executing this purchase (“Customer”), of the products and services described in (i) the Quote submitted in connection with this purchase, (ii) the Service Level Agreement ( the “SLA” as described in the quote ) governing the Customer’s limited right to recover certain service credits. These Terms of Service shall be effective as of the date that Customer accepts and places the purchase order, reviews the account activation mail and thereby accepts these Terms of Services (the “Effective Date”). These Terms of Service hereby incorporate by reference the SLA, BIGBANG ITS’s Acceptable Usage Policy (as in effect from time to time as set forth on website, the “AUP”) and the Quote and Account activation mail each of which is made a part of these Terms of Service and collectively referred to herein as the “Agreement.” Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the SLA or AUP, as applicable. Customer’s use of BIGBANG ITS or its Vendors/service provider’s website, Network, Products and Services is also subject to Customer’s acceptance and compliance with BIGBANG ITS’s Privacy Policy which BIGBANG ITS hereby reserves the right to amend, alter, modify, replace or suspend, from time to time in its sole discretion. Current copies of SLA, AUP and Privacy Policy may be reviewed or printed by Customer at the Legal section of BIGBANG ITS’s website. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE SLA AND AUP. By submitting an Order after reading the Quote and receiving the Account activation mail for BIGBANG ITS Network , Managed services (as defined in the SLA), Dedicated servers, collocated servers , Customer hereby agrees to the terms and conditions of the Agreement.

1. Terms and conditions of Upstream Service Provider:

The provisioning of customer’s server for collocated or dedicated server is purchased by BIGBANG ITS from a upstream service provider or Data Center based on the Quote submitted to the customer. BIGBANG ITS agrees to the Terms and Conditions and AUP of the Data center / Service Provider on behalf of the customer at the time of making purchase. Customer hereby accepts the terms and AUP of the respective data center and releases BIGBANG ITS of any obligations.

2. Services and Monthly Commitments:

BIGBANG ITS agrees to provide the Products and Services in accordance with the terms and conditions of this Agreement beginning on the Effective Date.

3. Term and Renewal:

Unless Customer agrees to a one-year term or unless otherwise stated in an Order or any service description, the initial term (“Initial Term”) of this Agreement shall be month-to-month, commencing on the Effective Date and shall automatically renew (A) in the case of a month-to-month term, the first day of each month for successive one-month periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement or (B) in the case of a one-year term, each yearly anniversary of the Effective Date for successive one-year periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement (in each case, a “Renewal Period”). Customer agrees to be bound by the service term selected on the Order. BIGBANG ITS may cancel or elect not to renew the Products and Services for any reason or no reason at all by delivering to Customer a written notice of non-renewal at least Five (5) days prior to the expiration of the Initial Term or the then-current Renewal Period, as applicable.

4. Customer Cancellation or Non-Renewal:

In order to cancel or elect not to renew any Product or Service, Customer must

(i) Submit a service cancellation request (a “Cancellation Notice”) at least 7 days prior to expiration of the Initial Term or the then-current Renewal Term and

(ii) Upon submission of the Cancellation Notice Customer must contact via telephone a BIGBANG ITS customer service representative to confirm the information set forth on the Cancellation Notice, unless otherwise instructed in writing by BIGBANG ITS to do so otherwise. Customer acknowledges and agrees that no product and service will be cancelled, all products and services shall continue to renew and customer will continue to be billed for all products and services unless customer confirms via telephone the information provided in the cancellation notice as provided in section 4 clause (ii) above .

5. Termination:

BIGBANG ITS may immediately terminate this Agreement at any time, and without liability, upon the occurrence of any of the following events (“BIGBANG ITS Termination”): (i) Customer’s failure to pay any overdue amount within ten days after written notice by BIGBANG ITS is given to Customer or

(ii) Customer’s material breach or violation of any provision of this Agreement or the agreement of the upstream service provider (other than such violations set forth in clauses(iii), (iv) and (v) below) that is not cured within ten (10) days of Customer’s receipt of written notice from BIGBANG ITS referencing such breach or violation;

(iii) Customer ceasing to do business in the normal course, becoming or being declared insolvent or bankrupt, being the subject of any proceeding relating to liquidation or insolvency which is not dismissed within ninety (90) calendar days, or making an assignment for the benefit of its creditors;

(iv) Customer’s violation of the AUP or the Privacy Policy; or

(v) BIGBANG ITS determines in its sole discretion that Customer continues to host content that may subject BIGBANG ITS to legal liability (in which case, BIGBANG ITS may terminate or modify the Products and Services to avoid such liability). Customer may terminate this Agreement with respect to all, and not less than all, of the Products and Services without liability (except for Charges due through the effective date of such termination) upon the occurrence of a material breach by BIGBANG ITS of its obligations to provide the Products and Services according to the terms of this Agreement that is not cured within ten (10) business days after written notice from Customer describing such breach in detail is received by BIGBANG ITS (“Customer Termination”). In the event of a Customer Termination, Customer shall pay

(1) All outstanding amounts payable through the effective date of such termination and

(2) If the Products and Services include software for which BIGBANG ITS does not then provide general customer support, Customer shall pay to BIGBANG ITS an amount equal to BIGBANG ITS’s cost of such software for the entire Initial Term and any applicable Renewal Periods. If Customer terminates this Agreement for any reason other than a Customer Termination, Customer shall pay to BIGBANG ITS an amount equal to all unpaid Charges through the effective date of such termination and (A) in the case of any Product and Service subscribed for on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable and (B) in the case of any Product and Service subscribed for other than on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable, calculated based upon the then-current Minimum Monthly Commitment payable by Customer upon the date of termination. Customer acknowledges that customer will not be entitled to any refund or credit in the event that any product or service that is provided on the basis of a one-year term is terminated, with or without cause, prior to the expiration of the one-year term. Customer hereby waives all rights to any such refund or credit. Upon termination of this Agreement, BIGBANG ITS and Customer shall have no obligations to each other, except as provided for in this Agreement. Upon termination of this Agreement, Customer shall (i) pay all Charges and other amounts due and owing to BIGBANG ITS under these Terms of Service, (ii) immediately remove from BIGBANG ITS’s or upstream providers premises all property owned by Customer, including, but not limited to, immediately removing all of Customer’s data from BIGBANG ITS or Upstream providers network (including all servers owned or operated by BIGBANG ITS or the Upstream service provider ), and (iii) return to BIGBANG ITS all software, access keys, and any other property provided to Customer by BIGBANG ITS or the Upstream service provider under this Agreement. Any physical property of Customer not removed from BIGBANG ITS’s or the Upstream service provider premises within forty five (45) days after such termination shall become the property of BIGBANG ITS , which may, among other things, dispose of such property without the payment of any compensation to Customer. Sections 5, 6, 7, 8 and 9 shall survive the expiration, cancellation and termination of this Agreement for any reason.

6. Disclaimers; Limitation on Company Liability:

BIGBANG ITS shall not be liable for (i) any indirect, incidental, special or consequential damages, or for any loss of profits or loss of revenue resulting from the use of the products and services by the customer or any third parties or any failure of the products and services or (ii) any loss of data resulting from delays, non deliveries, misdeliveries or service interruptions. In no event shall BIGBANG ITS’s aggregate liability for any claim under this agreement exceed the aggregate amount paid by customer to BIGBANG ITS in the billing cycle immediately preceding such claim. BIGBANG ITS provides all products and services “as is,” without warranty of any kind, whether express or implied and disclaims all implied warranties, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Customer shall be solely responsible for the selection, use and suitability of the products and services and BIGBANG ITS shall have no liability therefore. No claim may be asserted by customer against BIGBANG ITS more than one (1) year following the date of the event that underlies any such claim. Customer hereby acknowledges and agrees that its sole remedy in the event of BIGBANG ITS’s failure to provide any products and services in accordance with the terms of this agreement as a result of a “qualified downtime event” (as defined in the SLA) shall be the right to service credits (as defined in the SLA) solely as provided for in the SLA.

  1. Waiver:

It is agreed that no waiver by any party hereto of any breach or default of any of the covenants or agreements herein set forth shall be deemed a waiver as to any subsequent and/or similar breach or default.

  1. Severability:

If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.

  1. Force Majeure:

Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.

  1. BIGBANG ITS’s Use of Customer’s Name:

Customer agrees that BIGBANG ITS may, upon written consent by Customer, publicly disclose that BIGBANG ITS is providing services to Customer and may include Customer’s name in any promotional materials, such as press releases or BIGBANG ITS’s web site. Neither party may publicly use the other party’s logo or other trade or service mark without that party’s written consent.

  1. Non-Solicitation:

During the term of this Agreement and for twelve (12) months following termination of this Agreement, Customer agrees that it shall not solicit for employment with Customer (or with any other party) any employee of BIGBANG ITS or interfere in the employment relationship between BIGBANG ITS and any of its employees with whom Customer has had contact in connection with this Agreement.

  1. Ownership:

BIGBANG ITS shall be the sole owner of all intellectual property, and all derivatives thereof, that BIGBANG ITS may develop in the course of providing the Products and Services. Each party to this Agreement retains exclusive ownership and rights in its trade secrets, inventions, copyrights, and other intellectual property. Upon termination of the Agreement, Customer agrees to promptly release any Internet protocol numbers, addresses, or address blocks assigned to Customer in connection with the Products and Services.

  1. Customer Hardware:

BIGBANG ITS acknowledges and agrees that the hardware provided by Customer to BIGBANG ITS to be used in connection with any Products and Services (the “Customer Hardware”) is the property of Customer and shall be tagged and identified as such. BIGBANG ITS shall not pledge, hypothecate or otherwise encumber the Customer Hardware in any way and upon demand by Customer shall surrender the Customer Hardware to Customer, unless Customer fails to remove such Customer Hardware as provided for in Section 5 above.

  1. Third-Party Beneficiaries:

There shall be no third party beneficiaries to the Agreement, including customers, employees, agents, or insurers.

  1. Assignment:

This Agreement shall not be assignable by Customer without BIGBANG ITS’s prior written consent. BIGBANG ITS may assign the Agreement in whole or in part upon written notice to Customer. This Agreement shall be binding upon and accrue to the benefit of any permitted assignee, and any such assignee shall agree to perform the obligations of the assignor.

DIGITAL WORKPLACE

  1. Emails & Collaboration

Overview

If you order email services from BIGBANG ITS (“BIGBANG ITS”), you (“Customer”, “You” or “Your”) hereby agree to these Terms & Conditions for Cloud Office & Email Services.  These terms are supplemental to BIGBANG ITS’s General Terms and Conditions,  Privacy Policy & Acceptable Use Policy and You will be bound to all of these (collectively referred to as the “Agreement”).

If there is any conflict within the Agreement, these Terms & Conditions for Cloud Office & Email Services will prevail.

These additional terms may be amended by BIGBANG ITS at any time and without notice to You. Any changes will be published on the website and will be deemed to have been accepted 7 days after publication.

  1. Buziness Email

These Buziness Email Service Terms and Conditions are supplemental to the General Terms and Conditions, including the Acceptable Use Policy and Anti-Spam Policy and apply to the provision of the Buziness Email Service by BIGBANG ITS (‘BIGBANG ITS’). The ordering of Buziness Email Service from BIGBANG ITS constitutes acceptance by the Client of the General Terms and Conditions and these Buziness Email Service Terms and Conditions.

These Buziness Email Service Terms and Conditions are supplemental to the General Terms and Conditions, including the Acceptable Use Policy and Anti-Spam Policy and apply to the provision of the Buziness Email Service by BIGBANG ITS (‘BIGBANG ITS’). The ordering of Buziness Email Service from BIGBANG ITS constitutes acceptance by the Client of the General Terms and Conditions and these Buziness Email Service Terms and Conditions.

  1. Scope of the Agreement

1.1. These Buziness Email Service Terms and Conditions govern the provision of Buziness Email Service by BIGBANG ITS to the Client (‘the Services’).

1.2. The Services consists of BIGBANG ITS making a partition on a commonly used email server available to the Client with certain functions made available to the Client through a control panel.

1.3. The Services are not subject to any fixed term contract.

1.4. Provision of the Services is subject to the storage quota specified for each Buziness Email Service.

1.5. BIGBANG ITS shall notify the Client by email if the Client is approaching the quota and request that the Client make changes to its account to remain within the quota. Once the client meets or exceeds its quota then incoming emails will be returned to sender as undeliverable.

1.6. In the event that the Client exceeds the quota then BIGBANG ITS reserves the right, by written notice to the Client, to request that the Client upgrade to an Buziness Email Service with a higher quota or, where the maximum quota allowable has been reached, to delete the content in excess of the quota. Clients are required to manage and effectively change their email storage through the control panel within 7 working days of request.

1.7. BIGBANG ITS further reserves the right to suspend the Services in the event that the Client: i) exceeds its mail quota; ii) fails to make any payment due to BIGBANG ITS; iii) fails to renew its agreement for the Buziness Email Service; iv) cancels its agreement for the Buziness Email Service and/or v) when requested to do so by a competent legal, regulatory or governmental authority.

1.8. BIGBANG ITS shall endeavour to reinstate a suspended mailbox when the Client has, within 15 days of the suspension, brought the mailbox storage under the mail quota amount.

1.9. If, within 15 days of a suspension being imposed, the Client has failed to remedy the reason for the suspension being imposed then BIGBANG ITS shall be entitled to permanently delete the Customer’s mailbox and all content therein.

1.10. Clients are required to log into their webmail accounts on a regular basis, no less than monthly, for webmail specific content to remain active. If, after six months, no login has been made then the webmail service and any webmail content will be permanently removed.

1.11. The Customer represents and warrants that it has, or has access to, knowledge and expertise required to configure, maintain and monitor the Buziness Email Service.

1.12. The Customer accepts that BIGBANG ITS will have access to any material stored in the Customer’s mailbox and may, from time to time, require access to such material.

  1. Service Delivery

2.1. While BIGBANG ITS shall make commercially reasonable efforts to maintain the uninterrupted provision of the Services there are various factors outside of BIGBANG ITS’s control that may make the Services unavailable from time to time. Accordingly, BIGBANG ITS cannot guarantee that the Services will be uninterrupted or error free.

2.2. To the fullest extent permissible by law, the Services are provided by BIGBANG ITS on an ‘as is’ and ‘as available’ basis and no warranty or representation (express or implied) of any kind is given in connection with the Services including as to satisfactory quality or fitness for a particular purpose. In particular, BIGBANG ITS gives no warranty or representation that:

2.2.1. the Services will meet the Client’s requirements;

2.2.2. the Services will be provided on an uninterrupted, timely, secure or error-free basis;

2.2.3. any results obtained from use of the Services will be accurate, complete or current;

or

2.2.4. that the Services will be compatible with any files or software used by the Customer.

2.3. If the Customer upgrades or downgrades its package or restores the default settings in the control panel then such changes will take effect immediately. Accordingly, BIGBANG ITS will not be liable for any loss of data or other consequences as a result of such actions.

  1. Fees

3.1. The fees for the Services shall be as set out in the order confirmation or such other fee as notified to the Customer from time to time.

3.2. Any renewal of the Services shall be subject to the prevailing fee at the time of renewal as advertised on BIGBANG ITS’s website.

3.3. If the Client upgrades its package during the term of the Agreement then the price difference, calculated pro-rate for the remainder of the then current charge, will be payable immediately by the Customer.

3.3. If the Client upgrades its package during the term of the Agreement then the price difference, calculated pro-rate for the remainder of the then current charge, will be payable immediately by the Customer.

  1. Remedies and Limitations

4.1. BIGBANG ITS’s total liability in relation to the Services, and under this Agreement and these Email Hosting Terms, whether in respect of any breach of this Agreement, negligence, any act or omission of BIGBANG ITS whether intentional or otherwise, shall be limited to the total fees paid by the Client to BIGBANG ITS in the twelve months preceding the event giving rise to the liability.

4.2. Under no circumstances shall BIGBANG ITS be liable for any loss of profits, loss of business or any indirect, special, exemplary, punitive, incidental or consequential loss or damages.

4.3. BIGBANG ITS accepts no responsibility for any delay, lack of connection, slow connection, loss of data, loss of usability or any similar or related issues due to, but not limited to, any of the following:

4.3.1. the active or passive negligence of BIGBANG ITS, the Client or any third party;

4.3.2. downtime due to scheduled or emergency maintenance;

4.3.3. an upgrade, downgrade or other alteration to the Services;

4.3.4. hard failure (including issues caused by other users on the hardware);

4.3.5. incompatibility; or

4.3.6. the Customer’s error.

4.4. BIGBANG ITS may limit or deny access to the Services and BIGBANG ITS’s systems in the event that, in BIGBANG ITS’s sole judgement, such action is required to prevent damage to the network (including software and stored data) or to ensure the integrity or security of the network.

  1. Microsoft 365
  2. BIGBANG ITS’s Email and Anti-Spam Policy is applicable to Office365.
  3. Microsoft 365 services offered by BIGBANG ITS are not subject to any fixed term contract.
  4. Customer shall click below link from Microsoft for Service Level Agreement. https://docs.microsoft.com/en-us/office365/servicedescriptions/office-365-platform-service-description/service-level-agreement
  5. BIGBANG ITS is no way liable for any loss of mails, profits, or business due to downtime or delay in mail delivery as BIGBANG ITS do not have any control on servers of MICROSOFT from where Microsoft 365 runs.
  6. LIMITATION of LIABILITY and INDEMNIFICATION mentioned in BIGBANG ITS’s General Terms and Conditions are applicable to Microsoft 365service too.
  7. BIGBANG ITS keeps right to terminate or Suspend Customer’s Accounts/License without prior notice at its sole and absolute discretion, if any breach of BIGBANG ITS’s Terms of Service or Microsoft’s Terms & Conditions noticed.

MULTI-CLOUD

These Terms and Conditions (“Agreement”) governs the use of the services on multi-cloud (“Cloud Service”, “Cloud” or “Cloud Services”) that are made available by BIGBANG ITS. (“BIGBANG ITS”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between BIGBANG ITS and the individual or entity who subscribes to our managed multi-cloud services (“Customer”, “Member”, ‘Client” or “you”).

These Terms & Conditions are applicable to following Cloud Services.

(i) Managed Multi-Cloud -BIGBANG Cloud

including cloud servers and cloud solutions like cloud backup, cloud sites, cloud web servers, cloud ecommerce server, cloud file server

  1. Agreement:

As referred to herein, “Agreement” means this Cloud Services Agreement, together with all policies and agreements that are incorporated herein by reference, including the General Terms and Conditions, Acceptable Usage Policy and Privacy Policy. This Agreement sets forth the terms and conditions that apply to the Cloud Services. This Agreement does not apply to Virtual Servers that are identified as managed in a Service Order and purchased for a committed term under a separate Master Service Agreement with us.

  1. Services:

All Cloud Servers and any additional unmanaged services that we make available to you through our Cloud Services Website at https://its.ae, including any related support services or Documentation we may provide, are collectively referred to in this Agreement as the “Cloud Services”. The Cloud Services, including all Cloud Servers, are unmanaged. We reserve the right to modify the Cloud Services at any time and without advance notice. Content used in connection with a prior version of the Cloud Services may be incompatible with a subsequent version of the Cloud Services.

  1. Term:

The term of this Agreement (“Term”) will begin when the first of the following occurs: (i) you complete the registration process for your Cloud Services account online at https://its.ae and accept the terms and conditions in this Agreement by placing a check mark in the box below and pressing continue; (ii) both parties have signed a signature page, if any, for this Cloud Server Agreement; or (iii) you use the Cloud Services. This Agreement will remain in effect until terminated by you or us in accordance with Section 4.

  1. Free Trial Terms and Conditions:

Please refer the Free Tier Terms

  1. Suspension and Termination by BIGBANG ITS:

(a) FOR CAUSE. We may immediately (and without prior notice) suspend or terminate all or part of the Cloud Services by sending you a written notice of termination if one or more of the following occurs:

(i) we discover that you provided us with false information when you registered for Cloud Services, or that you lacked the capacity to enter into this Agreement at the time of signup;

(ii) we determine, in our sole discretion, that your use of the Cloud Services poses a threat to the security or performance of our network or to any of our clients or suppliers;

(iii) we determine, in our sole discretion, that your use of the Cloud Services is illegal, or that it misappropriated or infringes the property rights of a third party;

(iv) we reasonably believe that your use of the Cloud Services has or will subject BIGBANG ITS to civil or criminal liability;

(v) you become the subject of an involuntary or voluntary bankruptcy or similar proceeding, or you assign all or substantially all of your assets for the benefit of creditors;

(vi) you fail to make any payment when due or if your credit card is declined;

(vii) you use cloud resources in an attempt to gain unauthorized access to computer systems (i.e., “hacking”); or

(viii) you breach any of the other terms and conditions in this Agreement, including the Acceptable Usage Policy.

(b) WITHOUT CAUSE. We may suspend or terminate all or part of the Cloud Services in the absence of cause by providing you with thirty (30) days’ advance notice of the termination in accordance with the notice provisions in Section 30 below.

  1. Termination by You:

You may terminate this Agreement at any time and for any reason (or no reason at all) by providing us with a written notice of termination in accordance with the notice provisions in Section 30 below and closing your Cloud Services account online at https://its.ae.

  1. Effect of Suspension and Termination:

(a) SUSPENSION: The Cloud Services will be unavailable in whole or in part during any suspension, and you may not have access to your data. Fees may continue to accrue during a suspension, and we may charge you a reinstatement fee following any suspension of your Cloud Services.

(b) TERMINATION: Effective immediately upon the termination of this Agreement, the Cloud Services will no longer be available, and we will permanently erase all data stored on the Infrastructure. All Confidential Information and Documentation, including all copies thereof, must be returned to us or permanently destroyed. On our written request, you agree to certify in writing that you are no longer in possession of any Confidential Information or Documentation.

  1. AMENDMENTS

Except as provided in this Section 7, no amendment to this Agreement will be effective unless it is in writing and signed by both parties. BIGBANG ITS may amend this Agreement by posting the modified version online at https://its.ae/terms-and-conditions Amendments to this Agreement will become effective upon the earlier to occur of (i) your acceptance of the amended terms by clicking an online confirmation or acceptance button, or by clicking an acceptance link provided in an email we send to you; or (ii) thirty (30) days after BIGBANG ITS provides you with notice of the amendment in accordance with the notice provisions in Section 30. Your continued use of the Cloud Services after the effective date of an amendment to this Agreement will be deemed to be your acceptance of that amendment.

  1. Security:

You shall agree and acknowledge that you bear the sole responsibility for the security of the Cloud Services. You agree to implement security measures that are commercially reasonable for your use of the Cloud Services, including encryption technologies, password and user ID requirements, and procedures regarding the application of security patches and updates. Neither we nor any of our employees, agents, representatives, service suppliers or licensors will be liable for unauthorized access (i.E., Hacking) into the cloud servers or your transmission facilities, premises or equipment, or for unauthorized access to data files, programs, procedures or information thereon, unless and only to the extent that this disclaimer is prohibited by applicable law.

  1. Content:

You are solely responsible for the selection, compatibility, licensing, development, accuracy, performance, operation, maintenance, and support of all Applications, information, software, and data, including any hypertext markup language files, scripts, programs, recordings, sound, music, graphics, images, applets or servlets that you or your subcontractors or end users create, install, upload or transfer on, from or through the Cloud Servers (“Content”). We may immediately (and without prior notice) block access to any Content on the Cloud Services (i) that we believe violates the law, misappropriated or infringes the intellectual property rights of a third party, or violates the terms and conditions of this Agreement; or an order issued by a court or government agency.

  1. Backups:

Notwithstanding anything in this Agreement to the contrary, you are solely responsible for backing up all Content on the Cloud Servers and for implementing snapshots of your Cloud Servers. You acknowledge that snapshots will not record an autonomous copy of any file and that you cannot restore lost data from a snapshot. Snapshots may enable you to restore your system to a specific point in time, but they are not an adequate backup solution. You agree to independently create and maintain outside of the Cloud Services a current backup copy of all content stored on the Cloud Servers.

  1. Software:

We will provide you with access to certain software products as part of the Cloud Services. We make no representations or warranty whatsoever regarding any software product or related support services that we may provide and, as between you and us, such products and related support services are provided “AS IS.” You are not granted any title or intellectual property rights in or to any software provided as part of the Cloud Services, and you may only use that software in connection with the Cloud Services as permitted under this Agreement. Your acceptance or use of software provided as part of the Cloud Services is deemed to be an acceptance by you of the license or other agreement that governs the use of that software. You shall not (i) copy any software; (ii) remove, modify, or obscure any copyright, trademark or other proprietary rights notices that appear on any software or appear during its use; or (iii) reverse engineer, decompile or disassemble any software. In addition to the other terms in this Agreement, your use of any third party licensed software installed by us is governed by the terms and conditions of the vendor. You shall obtain all consents and licenses required for both parties to legally access and use all software that you place on the Cloud Servers without infringing any ownership or intellectual property rights. Upon our request, you shall provide reasonable proof to us that you have obtained such consents and licenses. We will be relieved of any obligations under this Agreement that are adversely affected by your failure to obtain any required consents or licenses, or to promptly furnish reasonable evidence you have obtained those consents or licenses.

  1. Maintenance:

SERVICE MODIFICATIONS AND DISCONTINUANCE: In addition to our right to suspend or terminate the Cloud Services in accordance with Section 4 , we may suspend all or part of the Cloud Services without liability or prior notice to you (i) in order to maintain (i.e., modify, upgrade, patch, or repair) our Infrastructure or any Cloud Servers; (ii) as we determine may be required by law or regulation; or (iii) as we determine to be necessary to protect our Infrastructure and clients from unauthorized access or an attack on the Cloud Services. Notwithstanding the foregoing, we will endeavor in good faith to provide you with advance notice of any suspension or termination under this Section 22 in accordance with the notice provisions in Section 30 and we will provide you with notice of the suspension or termination as soon as it becomes practicable for us to do so.

  1. Support:

The Cloud Services will be provided without live support. Technical support will be limited to the online resources we make available to you on the Cloud Services Website. You may direct questions regarding your billing to us at billing@big-bang.ae. No support, advice or information relating to the cloud services that you obtain from BIGBANG ITS or from any third party, or that you obtain through the cloud services, will create any warranty that is not expressly written in this agreement.

  1. High Risk Use:

You may not use the Cloud Services for any application where a failure of those Cloud Services could result in death, serious injury, environmental damage or property damage. Examples of prohibited uses include medical life support devices, water treatment facilities, nuclear facilities, weapons systems, chemical facilities, mass transportation, aviation and flammable environments. You acknowledge that we make no assurances that the Cloud Services are suitable for any high-risk use.

  1. Intellectual Property:

Except for the rights provided in this Section 26, this Agreement does not convey to either of us any ownership right or license to use, sell, exploit, copy or further develop the other party’s Confidential Information (as defined in Section 34) or intellectual property, including patents, copyrights, trademarks, trade names and trade secrets. We have the exclusive right and title to any intellectual property developed by us during and in connection with providing the Cloud Services to you. (a) BIGBANG ITS CONTENT. The Cloud Services may include various utility and deployment scripts, customizations to templates, code extending the functionality of third-party applications licensed to us, printed and electronic Documentation, and other data that we have or may develop at our own expense before and during the Term (the “BIGBANG ITS Content”). Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable, worldwide, royalty-free license to use BIGBANG ITS Content during the Term solely to access and use the Cloud Services in accordance with the terms and conditions of this Agreement. You may not translate, reverse engineer, decompile, disassemble, rent, lease, assign, transfer, re-distribute, or sublicense any BIGBANG ITS Content. (b) BIGBANG ITS TRADEMARKS. Subject to our prior written approval as to form, content, use, and appearance, you may only use our trademarks, service marks, service or trade names, logos, and other designations in accordance with any trademark guidelines that we may publish on the Cloud Services Website from time to time.

  1. Relationship of The Parties:

We on one hand, and you on the other, are each independent parties. This Agreement and any transaction under it do not create an agency, joint venture, or partnership between us and you. We do not have a landlord-tenant relationship with you, and we are not your bailee or warehouseman with respect to any data or Content. You have no right to access our premises or data centers and no right to possess or own any IP address, software, server hardware or other equipment included in the Cloud Services.

  1. IP Addresses:

Any public or private IP address allocated for you to use as a part of the Cloud Services will remain allocated to you until (i) you release the IP address using the Cloud Services portal; (ii) your Cloud Services are terminated for any reason; or (iii) we decide to change any IP address, which we may do at any time and in our sole discretion by providing you with five (5) days’ prior notice of the change in accordance with the notice provisions in Section 30 below. Upon termination of this Agreement, you may no longer use any IP addresses or address blocks that we provided for your use in connection with the Cloud Services.

  1. Notices:

(a) FROM US. Except as otherwise provided herein, notices we send to you under this Agreement must be sent by email to the email address included in your Cloud Services profile at the time we send our notice. You are responsible for keeping your email address current and accurate at all times. Any notice we send to the then-current email address in your Cloud Services profile will be deemed to be received when it is sent even if you do not actually receive it. (b) FROM YOU. Except as otherwise provided herein, notices you send to us under this Agreement must be in Email and sent to billing@big-bang.ae; or (c) WHEN EFFECTIVE. A notice under this Agreement is effective when received. An email notice under this Agreement will be deemed received when sent.

  1. Representations:

You represent and warrant to us that (i) the information you provide in connection with your registration for Cloud Services is accurate and complete; (ii) no Content on the Cloud Servers is illegal, defamatory, malicious, harmful, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) you accurately and adequately disclose how you collect and treat data collected from visitors to any Website or users of any Application on the Cloud Servers; (iv) your use of the Cloud Services will comply with all applicable laws, rules and regulations; (v) you will not attempt to circumvent or disable any of the security-related, management, or administrative features of the Cloud Services; (vi) you have obtained all consents and licenses required for both of us to legally access and use all software you place on the Cloud Servers without infringing any ownership or intellectual property rights; (vii) the execution and delivery of this Agreement will not conflict with or violate any provision of your charter, by-laws or other governing documents; and (viii) you have otherwise taken all necessary steps to legally execute this Agreement.

  1. Neutral Interpretation:

This Agreement will be construed and interpreted in a neutral manner. No rule of construction or interpretation will apply against either you or us.

  1. Confidentiality:

If the parties have entered into a separate agreement that includes restrictions on the use or disclosure of confidential information, such as a separate Master Service Agreement for managed services, and one of confidentiality provisions conflicts with a confidentiality provision in this Agreement, the provision that affords a greater level of protection to the disclosing party will control and be enforced to the maximum extent permitted by law. (a) CONFIDENTIAL INFORMATION. As used in this Agreement, “Confidential Information” means (i) with respect to us, server configurations, software configurations, proprietary information, proprietary technology, proprietary software, audit reports, information regarding product development, information regarding BIGBANG ITS’ datacenters, and information contained in manuals, proposals or memoranda; (ii) with respect to you, non-public Content transmitted to or from, or stored on, the Cloud Servers; and (iii) with respect to both of us, information that is conspicuously marked as “confidential” or “proprietary,” information disclosed verbally that is designated as “confidential” or “proprietary” at the time of disclosure, and information that, by its nature, would reasonably be considered as confidential to any other person, firm or corporation. (b) EXCLUSIONS. Confidential Information does not include (i) information that is independently developed by a non-disclosing party without the use of the disclosing party’s Confidential Information as shown by the non-disclosing party’s written business records; (ii) information that is known by a non-disclosing party prior to disclosure by the disclosing party as shown by the non-disclosing party’s written business records; or (iii) information that is or becomes generally available to the non-disclosing party or the public other than through a violation of this Agreement. (c) RESTRICTIONS ON USE AND DISCLOSURE. A party shall not disclose the other party’s Confidential Information except (i) on a need-to-know basis, to its agents, employees and representatives who are bound by confidentiality restrictions at least as stringent as those stated in this Agreement; or (ii) as required by law, governmental regulation or requirement, court order, or subpoena, in which case and subject to applicable law, the non-disclosing party shall provide prompt notice to the disclosing party so that the disclosing party may seek a protective order or other appropriate remedy. A party shall not use Confidential Information except as required to perform its obligations under this Agreement. (d) STANDARD OF CARE. Each party shall use the same degree of care to protect the other party’s Confidential Information that it uses to protect its own highly confidential information from unauthorised disclosure, but in no event shall either party use less than a commercially reasonable degree of care. The non-disclosing party shall notify the disclosing party promptly upon its discovery of any unauthorised use or disclosure of Confidential Information by the non-disclosing party’s employees, representatives, or agents, and will use commercially reasonable efforts to cooperate with the disclosing party to regain possession of all Confidential Information and to prevent any further unauthorised use or disclosure.

  1. Assignment; Resale; Binding Effect:

You may not assign this Agreement or resell the right to use the Cloud Services without our prior written consent. This Agreement will be binding upon and inure to the benefit of all of our and your successors and assigns, which will be bound by all of the obligations of their predecessors or assignors.

  1. Definitions:

(a) “Application” means software that performs a specific task, as opposed to an operating system, which runs a computer or server. (b) “Business day” means Sunday to Thursday, except Dubai National holidays. (c) “Cloud Server” means an unmanaged Virtual Server that is running on the infrastructure. (d) “Documentation” means any written materials that we may provide to you regarding or relating in any way to the Cloud Services, including any printed or digital materials. (e) “Infrastructure” means the data centers, security devices, cables, routers, switches, hosts, compute nodes, physical servers, and other equipment that we use to host Virtual Servers. (f) “Virtual Server” means one of any number of isolated server emulators running on a single physical server located on the infrastructure.

(ii) Azure

Please check https://azure.microsoft.com/en-us/support/legal/ for the Terms of Microsoft for Azure Services

(iii) AWS

Please check https://aws.amazon.com/service-terms/ for the Terms of AWS Cloud Services

(iv) Digital Ocean

Please check https://www.digitalocean.com/legal/terms-of-service-agreement/ for the Terms of Digital Ocean Cloud Services

Reseller Agreement

This Agreement is executed at Dubai by and between BIGBANG (the ‘provider’, the ‘we’, the ‘us’, the ‘Party of the first part’) and company/individual (the ‘Reseller’, the ‘customer’, the ‘you’, the ‘your’, the ‘Party of the second part’) purchased reseller account with us”.

PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBMITTING AN ORDER OR BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, BIGBANG IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE OR SERVICES AND YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU ACCESS OR USE THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. BIGBANG may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that BIGBANG believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. All services offered by BIGBANG are governed by this General Terms and Conditions along with subsequent Policies and Agreements.

As a clod service provider, the party of the First Part provides services under web presence, digital workplace and managed multi-cloud (“Services”) into the Internet.

And whereas the party of the Second Part has approached the party of the First Part for being a Reseller of its services.

And whereas the party of the First Part has agreed to appoint the party of the second part as its Reseller.

And whereas both the parties to this agreement have agreed upon the terms of the reseller ship of the services and the same are reduced into writing by means of this present agreement.

NOW THIS DEED OF AGREEMENT WITNESSETH AS UNDER

SERVICE DESCRIPTION

That the Party of the First Part has various Web/Cloud Services which are detailed in our website (https://www.its.ae), appended to this present agreement and the contents of the same will also be read as part and parcel of the present agreement. The Party of the Second Part has agreed to utilise the said services of the Party of the First Part.

Reseller, as an independent contractor, shall provide either business and/or individual customers for services in the market area. Reseller is to purchase the services from the party of the first part and resell to third party unrelated customers. The party of the first part shall provide access through its web hosting services into the Internet for Reseller, which in turn, shall “resell” said access to its own customers for which it shall be entitled to charge a fee.

A minimum fee for said service shall be set by the party of the first part in accordance with the schedule set forth.

Reseller responsibility hereunder is to market, advertise, and otherwise solicit customers for the party of the first part’s service and to sign said individuals to web site contracts. Once said customers have entered into such an agreement and avail themselves of the services provided by BIGBANG, Reseller shall act as the intermediary between BIGBANG and Said customer to process complaints, answer questions, and to otherwise assist the customer during the term of its contract with Reseller. The Reseller shall have been doing business exclusively with BIGBANG and with no other person and/or company and/or legal entity. The Reseller shall not be entitled for the usage of the logo and style and name of BIGBANG on its letterheads, cards, and websites. Reseller shall have a link with the website of BIGBANG.

SIGNUP

Anyone who is interested to resell our services can become our reseller by one-time signup which is free, and no deposit required. We will approve your request after validation of your request to become our reseller.

SERVICE USAGE

(i)Legal Parameters: This service may be utilized only for lawful purposes, and the usage of the service in connection with or adjunct to any matter or thing which violates any foreign, municipal, state, central or national statute or regulation is prohibited. Reseller agrees to indemnify and hold harmless BIGBANG from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Reseller and/or Reseller’s customers of the service in violation of this paragraph.

(ii)Unilateral Service Revocation: In the event that BIGBANG, at any time, believes that the service is being utilised by the Reseller customers in contravention of the terms and provisions of this contract, BIGBANG may, at its sole discretion, immediately discontinue such service to Reseller individual customers as the case may be, without liability other than for the refund of unearned prepaid service fees.

NO WARRANTIES

With respect to the service to be provided hereunder, Reseller acknowledges that BIGBANG makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness of this service for a particular purpose. As a result, Reseller agrees that BIGBANG shall not be liable to Reseller or any of its customers for any claims or damages which may be suffered by Reseller or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non deliveries, or service interruptions whether or not caused by the fault or negligence of BIGBANG. Reseller hereby agrees to indemnify and hold harmless BIGBANG against BIGBANG customers.

USE OF INFORMATION

The utilisation of any data or information received by the Reseller or its customers from the utilisation of the service to be provided by BIGBANG is at Reseller and its customer’s sole and absolute risk. BIGBANG specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

DOMAIN NAME

If BIGBANG shall acquire an Internet Domain Name on behalf of the Reseller or any of its Customers, then in such case the Reseller hereby waives, and Reseller’s customer must waive in writing prior to acquisition of said domain name, any and all claims which it may have against BIGBANG for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any online or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by BIGBANG for any reason. Any costs of BIGBANG in obtaining or maintaining a domain name for Reseller or its customers shall be immediately reimbursed to BIGBANG upon invoice from BIGBANG to Resellers.

SERVICE FEES AND INVOICING

Resellers, for each new customer account activated, shall pay the initial fees set forth, prior to the commencement of service. Thereafter, Resellers shall be invoiced in advance for a minimum one month, at least seven (7) days prior to the expiration of the then current one month period. Payment of the service fee is due prior to the first day of said one year period. In the event that Reseller shall fail to pay for such services in advance of that one year period, then BIGBANG shall be entitled to unilaterally terminate this agreement and discontinue the service of Reseller or the applicable account for which payment has not been received. The indemnification and limits of liability provisions of paragraphs 2 and 3 shall survive any such termination. Upon payment of the charges due hereunder, BIGBANG may, at its sole discretion, re-institute service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require AED 100.00 as reconnection fee.

Additional Terms

All support inquiries are to be initiated via Link . BIGBANG will make a diligent effort to resolve any problem related to BIGBANG ‘s hardware or supporting software. BIGBANG is no longer responsible to provide any support to Reseller’s customers.

Rebate

In consideration of the services provided by BIGBANG to Reseller, Reseller shall receive a discounted rate from BIGBANG based on the monthly spend by the reseller to BIGBANG. BIGBANG shall invoice Reseller for each new order, who shall in turn further invoice to their clients.

INDEPENDENT CONTRACTOR:

For any and all legal, corporate, or financial purposes, Reseller shall be considered to be an independent contractor of BIGBANG. Reseller shall be responsible for all expenses incurred by it which in any way arise out of this contract. Reseller shall further be responsible for payment of his/her own income and other taxes of whatever nature, including those of its employees or agents, due and owing to any country, state, county, province, territory, municipal authority, or other dully authorized governmental body. BIGBANG shall not be responsible for payment of any such taxes which are the responsibility of Reseller arising from the above mentioned activities.

SCOPE OF AUTHORITY

Reseller is only authorized to resell access to BIGBANG‘s system / services as described above. Business Affiliate has no authority, apparent or otherwise, to contract for, or on behalf of BIGBANG, or in any other way legally bind BIGBANG in any fashion, nor shall Reseller be authorized to make any representations about BIGBANG or its services other than to reiterate to its clients BIGBANG ‘s responsibilities as outlined in this agreement.

DISPUTES

(i)Venue: Should any dispute arise under the terms of this contract, the parties agree that the sole jurisdiction to try all disputes shall be that of courts of Dubai, United Arab Emirates.

(ii)Attorney’s Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels.

TERM

The financial and exclusivity terms of this contract shall be in effect for one (1) years, to expire on the last day before the first (1) year anniversary of the execution of this agreement. All other provisions of this agreement, specifically including, but not limited to, the indemnification provisions herein above, shall survive the termination of the financial and exclusivity terms of this agreement.

TERMINATION

Both the parties agree the present Reseller agreement shall come to an automatic end with immediate affection the violation or breach of any of its conditions by the Reseller or his/her customers.

ENTIRE AGREEMENT AND SEVERABILITY

This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences shall remain in full force and effect.

EXIT STRATEGY

Reseller of BIGBANG are allowed to exit from the Agreement by giving sixty (60) days notice in advance in the event that Reseller decides to use another web hosting provider. Reseller will be responsible for domain transfers to any registrar or authority. BIGBANG will not purposely contact Reseller’s customers and will redirect any email back to Reseller In witness where of the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.

NOTICE: We revised the Affiliate Agreement on [1st September 2020] to make it easier to read and understand. We have also incorporated the Affiliate Platforms used by BIGBANG to track Affiliate performance and clarified the parties’ confidentiality obligations in Section 22.

This Affiliate Agreement (“Affiliate Agreement “) contains the complete terms and conditions between, BIGBANG (UAE) operating as BIGBANG and you, regarding your application to and participation in, the BIGBANG Affiliate Program (the “Affiliate Program”) as an affiliate (an “Affiliate”) of BIGBANG, and the establishment of links from your website to our website, https://www.its.ae.

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AFFILIATE AGREEMENT AND THE BIGBANG TERMS AND CONDITIONS.

1. Definitions

“Affiliate” – The business, individual, or entity applying to or participating in the Affiliate Program, or that displays BIGBANG’s products and services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from BIGBANG for sales directly resulting from such display.

“Affiliate Platform” – An open-source platform built, managed, and used by BIGBANG to track the conversion and Affiliate performance, including specific referrals and commissions earned through the Affiliate Program.

“Affiliate Platform” – An open-source platform built, managed, and used by BIGBANG to track the conversion and Affiliate performance, including specific referrals and commissions earned through the Affiliate Program.

“Affiliate Site” – The Affiliate’s website which displays BIGBANG’s Products and Services and/or promotions.

“BIGBANG’s Products and Services” – Domains & Web hosting and related products and services (which includes but is not limited to Shared Hosting, WordPress Hosting, Cloud Hosting, Reseller Hosting, Servers in Middle East, etc.) that are available for purchase from BIGBANG.

“Commission Fees” – The amount to be paid to the Affiliate for: (i) a Qualified Purchase by a Referred Customer, subject to any applicable Commission Threshold, and pursuant to the terms of Section 8 hereunder; and/or (ii) each Referred Reseller who fulfils the criteria as mentioned in Section 8 hereunder.

“Commission Threshold” – The amount of Commission Fees an Affiliate must accrue prior to receiving a payment from BIGBANG.

“Qualified Purchase” – for the sake of this Affiliate Agreement, a Qualified Purchase shall mean and include: (i) A sale of BIGBANG Products and Services, with a term of one (1) month or longer, to a Referred Customer; and/or (ii) when a Referred Reseller deposits the required initial funds to activate their reseller account and purchases a domain and/or any hosting product with a minimum term of one (1) month within sixty (60) days of signing up for the same, that is not excluded under Section 7. Any other product purchase, including without limitation, add-ons or emails or security (i.e., which is purchased separately, over and above hosting purchases) does not qualify for a Commission Fee.

“Referred Customer” – Each new and unique customer referred from Affiliate through a Link (as defined in Section 3) that provides valid account and billing information.

“Referred Reseller” – Each new and unique reseller referred from Affiliate through a Link (as defined in Section 7) that provides valid account and billing information.

2. Enrolment in the Affiliate Program

To begin the enrolment process, you must submit a completed Affiliate Program signup form. The signup form can be found at https://www.its.ae/

We will evaluate your application and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your Affiliate Site or promotional method is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is unlawful or otherwise violates our Acceptable Use Policy, as determined in our sole discretion.

If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL. An Affiliate should also not reapply using a different domain/URL name and then add the previously rejected domain name/URL to your affiliate account. BIGBANG, in its sole discretion, reserves the right to reject or remove any prospective affiliate from the Affiliate Program at any time, with or without notice.

3. Promotion of Our Affiliate Relationship

Use of Links -. If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual links available to you (each referred to herein as a “Link” or collectively, as the “Links”). The Links will serve to identify your Affiliate Site as a member of the Affiliate Program and will establish a link from your Affiliate Site or email to BIGBANG’s website. You agree to cooperate fully with us to establish, display, and maintain such Links. You further agree that your use of the Links must always follow this Affiliate Agreement. BIGBANG may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote BIGBANG that are not approved in advance by BIGBANG. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge (e.g. iframe).

Prohibited Activities -. Except as permitted herein, you shall not and are not authorized to (i) use BIGBANG’s trademark or other intellectual property , including without limitation, the Links (collectively, “BIGBANG’s IP”) without BIGBANG’s express prior written permission; (ii) use BIGBANG’s name (or any variation or misspelling thereof or other terms that are confusingly similar to any of the foregoing) in a domain name, any metatags, advertising, search terms, code, or otherwise; or (iii) act in any way that causes or could cause any confusion concerning the source of, or your association with BIGBANG’s Products and Services. Your use of BIGBANG’s IP in any manner, other than as expressly permitted hereunder shall constitute unlawful infringement of BIGBANG’s intellectual property rights, and may subject you to liability (including potential treble damages for knowing or wilful infringement), and the obligation to pay BIGBANG’s legal fees and costs in connection with BIGBANG’s enforcement of its rights.

Paid Search Policy – You are required to comply with the following rules when bidding on keywords on any paid search engines or social media site, including without limitation, Google, Yahoo/Bing, Twitter and Facebook:

You are prohibited from bidding on any BIGBANG trademarks, or any variations and misspellings thereof without BIGBANG’s prior written approval. Examples of prohibited keywords are “BIGBANG,” “buziness ware,” “BIGBANG.com,” “www.BIGBANG.com,” “ware Buziness,” “BIGBANG hosting,” “BIGBANG domains”.

You are prohibited from bidding on keywords containing BIGBANG trademarks plus an additional term such as [BIGBANG coupons], [BIGBANG promotions], and [BIGBANG promos]. Further, Affiliates are NOT permitted to broad or phrase match any of these keywords.

You are prohibited from outranking BIGBANG’s internal paid search ad on any keywords.

You are prohibited from direct linking to BIGBANG.com from any paid search ads.

You are prohibited from using BIGBANG.com as a display URL.

All materials, including without limitation, ad copy, coupons, and promotions on your Affiliate Site must accurately represent active and valid promotions. For example, you may not display an ad on your Affiliate Site for a promotion that has expired. We continue to monitor all paid search landscapes. If you are determined to be in violation of this section your participation in the Affiliate Program may be terminated. For more information on match types, please visit Google’s overview of match types.

Discounts and Coupons- You are not allowed to post any refunds, credits or discounts on BIGBANG Products and Services, or other content concerning BIGBANG without BIGBANG’s prior written consent in each instance. Affiliates may only use active coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of the Affiliate Site to the pertinent area of the BIGBANG website will in no way alter the look, feel, or functionality of the BIGBANG website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Affiliate Agreement and may result in your termination from the Affiliate Program or the withholding of Commission Fees.

4. Data Security

In addition to the obligations set forth in Section 4 (FTC Endorsement Compliance), Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United Arab Emirates or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, considering the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist BIGBANG in complying with any data subject rights request under the GDPR that BIGBANG may receive from any individuals referred to BIGBANG by Affiliate. Affiliate further agrees to promptly assist BIGBANG in complying with any duties to cooperate with supervisory authorities under the GDPR.

5. Order Processing

BIGBANG will process orders placed by Referred Customers and/or Referred Resellers who follow the Links from your Affiliate Site to BIGBANG’s website. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfilment, including BIGBANG’s services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through the applicable Affiliate Platform. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your Affiliate Site and our website are properly formatted.

6. Commission Determination; Qualified Purchases

Commission Fees will be calculated based on the commission rates stated on the BIGBANG website for each Qualified Purchase subject to commission accruing pursuant to Section 8 below. A “Qualified Purchase” does NOT include any of the following:

A purchase by a Referred Customer and/or Referred Resellers that has transferred from any BIGBANG partner or entity that owns, is owned by, or is under common ownership with BIGBANG.

A purchase by a Referred Customer and/or Referred Resellers that has transferred from any BIGBANG partner or entity that owns, is owned by, or is under common ownership with BIGBANG.

A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other program.

A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.

A purchase by a Referred Customer and/or Referred Resellers that has not been in good standing for a period of at least thirty (30) days or is in violation of BIGBANG’s Terms of Service, Acceptable Use Policy, or other applicable policies at the time the Commission Fees accrue.

A purchase that BIGBANG suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same Referred Customers/Referred Resellers, or the referral of accounts that do not comply with this Affiliate Agreement.

A purchase referred by an Affiliate that has an excessive cancellation rate as determined in BIGBANG’s sole discretion.

A purchase by a Referred Customer and/or Referred Resellers who was offered or received coupons, refunds, credits, or discounts from the Affiliate not authorized by BIGBANG.

A purchase by a Referred Customer and/or Referred Resellers who is in or is promoting a business-opportunity program (as determined by us in our sole discretion), using marketing practices that we deem to be unethical or likely to attract fraudulent signups and/or signups with a very low likelihood of renewal.

A purchase by a Referred Customer and/or Referred Resellers who received a popup with a discounted offer, while leaving BIGBANG’s website during their purchase. xi. A purchase by a Referred Customer and/or Referred Resellers engaging in “Domain Speculation,” which is determined by the identification of two (2) web hosting accounts with the same Referred Customer’s and/or Referred Resellers’ name, email address, or other identifying characteristic as determined by BIGBANG and/or the identification of two (2) or more web hosting accounts that have no content on their websites or have similar content, templates or formatting, as determined in BIGBANG’s sole discretion.

A purchase by a Referred Customer and/or Referred Resellers’ who, prior to such purchase, clicked through a Link established by another affiliate under this Affiliate Program.

A purchase by a Referred Customer and/or Referred Resellers’ more than ninety (90) days after clicking through the Affiliate Link.

BIGBANG reserves the right to withhold payment of Commission Fees to Affiliates who are new to the Affiliate Program, or who have referrals that are potentially the result of fraud as determined by BIGBANG in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.

All Infrastructure & Services are eligible for Affiliate Commission including but not limited to Hosting & Servers, Multi-Cloud, Business Emails, Remote IT Support, Web Design, Managed Services etc.

Licenses & Software products are not eligible for affiliate commission including domains, SSL certificates, Microsoft CSP & all SPLA licenses.

BIGBANG reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Affiliate Agreement by the Affiliate or a Referred Customer. BIGBANG reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases. If no subsequent Commission Fees are due and owing, BIGBANG may send Affiliate a bill for the balance of such refunded purchase upon termination of Affiliate’s participation in the Affiliate Program or termination of the Referred Customer.

BIGBANG reserves the right to immediately cancel or withhold for later review any Commission Fees that fail to meet the criteria of a “Qualified Purchase.” Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees; BIGBANG is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission Fee that has been cancelled or withheld, Affiliate has thirty (30) days from the day the payment would have been due to contact BIGBANG to request that the Commission Fee be paid. Any changes to decisions about cancelled or withheld Commission Fees are strictly made in BIGBANG’s sole discretion.

Commissions for any Referred Customer who is associated with any BIGBANG reseller, referral or other program may not be considered a Qualified Purchase. In other words, you may not receive double commissions or compensation.

In the event that the Referred Customers that are referred to BIGBANG by an Affiliate are determined to have an excessive cancellation rate, as determined by BIGBANG in its sole discretion, BIGBANG reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.

Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud BIGBANG or any violation of the terms of this Affiliate Agreement constitutes immediate grounds for BIGBANG to terminate the Affiliate’s participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.

We use cookie-based tracking to track and award sales made through the Link. Our cookies are valid for sixty (60) days and are awarded on a last click basis, which means clicking the Link before signing up will overwrite any other affiliate cookie currently in the system. Also, deleting cookies after clicking the Link (but before signing-up or paying-up) disables tracking and monitoring these clicks and any sale they may lead to.

7. Commission Accrual & Payments

Subject to the terms of this Affiliate Agreement and the terms of any applicable Affiliate Platform agreement, Commission Fees will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Console for each Qualified Purchase that accrues during the period for which such Commission Fees are being calculated.

Commission Fees will be processed approximately forty-five (45) to seventy (70) days after the end of the month in which they accrue, unless you use an Affiliate Platform in which case they will be processed in accordance with your agreement with the applicable Affiliate Platform.

BIGBANG will only compensate you for Qualified Purchases made in accordance with the terms of this Affiliate Agreement.

Commission Fees shall be paid based on the current information in your Affiliate Console. You are required to notify the Affiliate Platform promptly of any change in your address by updating your profile information in the Affiliate Console. You are responsible for informing the Affiliate Platform of your desired payment form/type. You can update or change your desired payment method at any time by updating your affiliate profile located in the Affiliate Console. Please see the applicable platform’s policies for details on the effect of any changes.

Depending on your Affiliate Platform, you may be subject to a minimum or maximum payment amount. All such minimum and maximum payment amounts are governed by your agreement with the Affiliate Platform.

You may view the currently available payment methods by logging into your Affiliate Console for the applicable Affiliate Platform. If the Affiliate Platform offers PayPal as a payment method, please refer to PayPal’ s policy to ensure you are eligible to receive payment if you reside outside of the United States.

BIGBANG and the Affiliate Platform, in their sole discretion, reserve the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted.

Disputes: Affiliate has access to BIGBANG’s real-time Affiliate Program statistics and agrees to file any disputes within forty-five (45) days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by BIGBANG and Affiliate forfeits forever any rights to a potential claim.

Commission Fees will accrue and only become payable once you (i) provide all relevant tax and address documentation pursuant to this Section 8, and (ii) reach the Commission Threshold based on the commission rates stated on BIGBANG.com. It is solely your responsibility to provide the Affiliate Platform with accurate tax and payment information that is necessary to issue Commission Fees to you. If the Affiliate Platform does not receive the necessary tax or payment information within ninety (90) days of a Qualified Purchase which would otherwise trigger Commission Fees, the applicable commissions shall not accrue and no Commission Fees will be owed with respect to such Qualified Purchase.

Any address change must be made in the Affiliate profile in the Affiliate Console at least fifteen (15) business days prior to the end of the calendar month in order for Commission Fees for that month to be processed.

BIGBANG is not responsible for paying any third-party fees, including any fees charged by PayPal, in order for you to receive Commission Fees.

8. Reports of Qualified Purchases

You may log into your Affiliate Console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases. As such, Commission Fees may not be issued for all Referred Customers that appear in the Affiliate Console.

9. Obligations Regarding Your Affiliate Site

You are solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear on your Affiliate Site. Such responsibilities include, but are not limited to, the technical operation of your Affiliate Site and all related equipment; creating and posting product reviews, descriptions, and references on your Affiliate Site and linking those descriptions to our website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to BIGBANG Products and Services); ensuring that materials posted on your Affiliate Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise illegal. We disclaim all liability and responsibility for such matters.

We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time to determine if you are in compliance with the terms of this Affiliate Agreement. If you are not in compliance, we may terminate your participation in the Affiliate Program effective immediately.

10. BIGBANG Responsibilities

We will provide all the information necessary for you to make Links from your Affiliate Site to our site. BIGBANG will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for BIGBANG Products and Services placed by a Referred Customer, for tracking the volume and the amount of money of Qualified Purchases generated by your Affiliate Site, for providing information to Affiliates regarding Qualified Purchase statistics, and for providing Referred Customers with the services purchased.

11. Policies and Pricing

Referred Customers who buy BIGBANG Products and Services through our affiliate network are deemed to be BIGBANG customers. BIGBANG’s Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. For example, BIGBANG determines the prices to be charged for BIGBANG Products and Services sold through the affiliate network in accordance with our own pricing policies. Prices and availability of BIGBANG Products and Services may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information on our website, but we cannot guarantee the availability or price of any BIGBANG Product or Service.

12. E-mails and Publicity

You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages without BIGBANG’s prior written consent, to be granted or denied in BIGBANG’s sole discretion, in each instance. Additionally, you may only send emails containing a BIGBANG affiliate link and or a message regarding BIGBANG or the Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section 13 and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Affiliate Agreement by you and will result in the forfeiture by you of any and all rights you may have to any Commission Fees and the termination of your participation in the Affiliate Program. Further, if your account has excessive clicks in a very short period of time as determined by BIGBANG in its sole discretion, the Affiliate relationship may be terminated.

13. IP Licenses and Use

Subject to the limitations set forth in this Affiliate Agreement, including Section 3, we grant you a non-exclusive, non-transferable, non-assignable, revocable license to (i) provide access to BIGBANG’s website through the Links solely in accordance with the terms of this Affiliate Agreement; and (ii) use BIGBANG’s IP (Intell for the sole purpose of promoting BIGBANG’s Products and Services on your Affiliate Site. You may not alter, modify, or change BIGBANG’s IP in any way or use BIGBANG’s IP in any manner that is disparaging or that otherwise portrays BIGBANG, any BIGBANG employee, representative or customer in a negative light. You are only entitled to use BIGBANG’s IP in compliance with the terms of this Affiliate Agreement. Your license to use BIGBANG’s IP shall immediately terminate upon the termination of your participation in the Affiliate Program for any reason. We reserve all of our rights in BIGBANG’s IP and your license to use BIGBANG’s IP is limited to the manner described herein. BIGBANG may review your Affiliate Site to ensure compliance with this Affiliate Agreement at any time.

You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the “Affiliate Trademarks”) in any advertisement or other materials used to promote BIGBANG and the Affiliate Program. For the avoidance of doubt, BIGBANG may, but is not obligated to use the Affiliate Trademarks at is sole discretion. This license shall terminate upon the termination of your participation in the Affiliate Program.

14. Term and Termination

The terms of this Affiliate Agreement are effective upon your submission of an application to the Affiliate Program and shall remain in effect until either party terminates your participation in the Affiliate Program (the “Term”). Your participation in the Affiliate Program may be terminated at any time by either party, with or without notice or cause.

You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term. Commission Fees earned prior to the date of termination will be eligible for payment only if the orders for the related BIGBANG Products and Services are not cancelled/suspended within thirty (30) days and comply with all of the terms of this Affiliate Agreement. We may withhold your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by BIGBANG in its sole discretion.

Any Affiliate who violates this Affiliate Agreement, BIGBANG’s Term s of Service, or any applicable law or regulation will immediately forfeit any right to any and all accrued, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.

BIGBANG reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Affiliate Agreement, at any time for any reason, in BIGBANG’s sole discretion.

15. Modification

We may modify this Affiliate Agreement at any time in our sole discretion, and any modifications shall take effect when posted on our website. Your continued participation in the Affiliate Program following the posting of any modification on our website will constitute your binding acceptance of the modified terms. Modifications may include, but are not limited to, changes in the scope of BIGBANG Products and Services eligible for Commission Fees, Commission Fee amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Affiliate Agreement, in which event you shall be entitled to your rights under the unmodified Affiliate Agreement in effect prior to the date of the applicable modification.

16. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any BIGBANG Products and Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our websites will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption

17. Relationship of Parties

You and BIGBANG are independent contractors, and nothing in this Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Affiliate Site or otherwise, that contradicts anything in this Section 18.

18. Representations and Warranties

You hereby represent and warrant to us as follows:

You have reviewed and understand this Affiliate Agreement and agree to be bound by its terms.

Your acceptance of this Affiliate Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.

You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to BIGBANG the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third person or entity.

You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Affiliate Agreement

There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.

During the Term, you will not include in your Affiliate Site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or in violation of our Term s of Service or Acceptable Use Policy.

You are at least eighteen (18) years of age.

Each Referred Customer and Referred Reseller is valid, genuine, and unique and meets the criteria of a Qualified Purchase for generating a Commission Fee as provided in this Affiliate Agreement.

19. Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AFFILIATE AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AFFILIATE AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AFFILIATE AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

20. Indemnification

You hereby agree to indemnify and hold harmless BIGBANG and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your Affiliate Site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.

21. Confidentiality

Each of the parties hereto agrees that all information including, without limitation, the terms of this Affiliate Agreement, business and financial information, BIGBANG customer and vendor lists, or pricing and sales information (including without limitation commission rates), shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Affiliate Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party not under any obligation of confidentiality to the disclosure hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) pursuant to a valid subpoena or order issued by a court or administrative agency of competent jurisdiction in UAE, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation. In the event of such disclosure, the receiving party shall give the disclosing party prior notice before releasing any information unless giving such notice is prohibited.

22. Independent Investigation

You understand that we may at any time (directly or indirectly) solicit BIGBANG relationships on terms that may differ from those contained in this Affiliate Agreement. We may also solicit relationships with entities that operate websites that are similar to or compete with your Affiliate Site. You have independently evaluated the desirability of participating in the BIGBANG Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Affiliate Agreement.

23. Miscellaneous

Governing Law – The laws of the UAE will govern this Affiliate Agreement, without reference to rules governing choice of laws. Any action relating to this Affiliate Agreement must be brought in the federal or state courts located in the State of UAE, and you irrevocably consent to the jurisdiction of such court.

Binding Arbitration -. By participating in this Affiliate Program, you agree to binding arbitration for any disputes or claims that arise against BIGBANG or its subsidiaries in conjunction with this Affiliate Program. An arbitration firm selected by BIGBANG will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this Affiliate Program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.

Assignment -. You may not assign this Affiliate Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Affiliate Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns

Waiver -. Our failure to enforce your strict performance of any provision of this Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Affiliate Agreement.

Affiliate Agreement

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NOTICE: We revised the Affiliate Agreement on [1st September 2020] to make it easier to read and understand. We have also incorporated the Affiliate Platforms used by BIGBANG to track Affiliate performance and clarified the parties’ confidentiality obligations in Section 22.

This Affiliate Agreement (“Affiliate Agreement “) contains the complete terms and conditions between, BIGBANG (UAE) operating as BIGBANG and you, regarding your application to and participation in, the BIGBANG Affiliate Program (the “Affiliate Program”) as an affiliate (an “Affiliate”) of BIGBANG, and the establishment of links from your website to our website, https://www.BIGBANG.com.

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AFFILIATE AGREEMENT AND THE BIGBANG TERMS AND CONDITIONS.

  1. Definitions

“Affiliate” – The business, individual, or entity applying to or participating in the Affiliate Program, or that displays BIGBANG’s products and services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from BIGBANG for sales directly resulting from such display.

“Affiliate Platform” – An open-source platform built, managed, and used by BIGBANG to track the conversion and Affiliate performance, including specific referrals and commissions earned through the Affiliate Program.

“Affiliate Platform” – An open-source platform built, managed, and used by BIGBANG to track the conversion and Affiliate performance, including specific referrals and commissions earned through the Affiliate Program.

“Affiliate Site” – The Affiliate’s website which displays BIGBANG’s Products and Services and/or promotions.

“BIGBANG’s Products and Services” – Domains & Web hosting and related products and services (which includes but is not limited to Shared Hosting, WordPress Hosting, Cloud Hosting, Reseller Hosting, Servers in Middle East, etc.) that are available for purchase from BIGBANG.

“Commission Fees” – The amount to be paid to the Affiliate for: (i) a Qualified Purchase by a Referred Customer, subject to any applicable Commission Threshold, and pursuant to the terms of Section 8 hereunder; and/or (ii) each Referred Reseller who fulfils the criteria as mentioned in Section 8 hereunder.

“Commission Threshold” – The amount of Commission Fees an Affiliate must accrue prior to receiving a payment from BIGBANG.

“Qualified Purchase” – for the sake of this Affiliate Agreement, a Qualified Purchase shall mean and include: (i) A sale of BIGBANG Products and Services, with a term of one (1) month or longer, to a Referred Customer; and/or (ii) when a Referred Reseller deposits the required initial funds to activate their reseller account and purchases a domain and/or any hosting product with a minimum term of one (1) month within sixty (60) days of signing up for the same, that is not excluded under Section 7. Any other product purchase, including without limitation, add-ons or emails or security (i.e., which is purchased separately, over and above hosting purchases) does not qualify for a Commission Fee.

“Referred Customer” – Each new and unique customer referred from Affiliate through a Link (as defined in Section 3) that provides valid account and billing information.

“Referred Reseller” – Each new and unique reseller referred from Affiliate through a Link (as defined in Section 7) that provides valid account and billing information.

  1. Enrolment in the Affiliate Program

To begin the enrolment process, you must submit a completed Affiliate Program signup form. The signup form can be found at https://www.BIGBANG.com/affiliate-program

We will evaluate your application and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your Affiliate Site or promotional method is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is unlawful or otherwise violates our Acceptable Use Policy, as determined in our sole discretion.

If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL. An Affiliate should also not reapply using a different domain/URL name and then add the previously rejected domain name/URL to your affiliate account. BIGBANG, in its sole discretion, reserves the right to reject or remove any prospective affiliate from the Affiliate Program at any time, with or without notice.

  1. Promotion of Our Affiliate Relationship

Use of Links -. If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual links available to you (each referred to herein as a “Link” or collectively, as the “Links”). The Links will serve to identify your Affiliate Site as a member of the Affiliate Program and will establish a link from your Affiliate Site or email to BIGBANG’s website. You agree to cooperate fully with us to establish, display, and maintain such Links. You further agree that your use of the Links must always follow this Affiliate Agreement. BIGBANG may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote BIGBANG that are not approved in advance by BIGBANG. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge (e.g. iframe).

Prohibited Activities -. Except as permitted herein, you shall not and are not authorized to (i) use BIGBANG’s trademark or other intellectual property , including without limitation, the Links (collectively, “BIGBANG’s IP”) without BIGBANG’s express prior written permission; (ii) use BIGBANG’s name (or any variation or misspelling thereof or other terms that are confusingly similar to any of the foregoing) in a domain name, any metatags, advertising, search terms, code, or otherwise; or (iii) act in any way that causes or could cause any confusion concerning the source of, or your association with BIGBANG’s Products and Services. Your use of BIGBANG’s IP in any manner, other than as expressly permitted hereunder shall constitute unlawful infringement of BIGBANG’s intellectual property rights, and may subject you to liability (including potential treble damages for knowing or wilful infringement), and the obligation to pay BIGBANG’s legal fees and costs in connection with BIGBANG’s enforcement of its rights.

Paid Search Policy – You are required to comply with the following rules when bidding on keywords on any paid search engines or social media site, including without limitation, Google, Yahoo/Bing, Twitter and Facebook:

You are prohibited from bidding on any BIGBANG trademarks, or any variations and misspellings thereof without BIGBANG’s prior written approval. Examples of prohibited keywords are “BIGBANG,” “buziness ware,” “BIGBANG.com,” “www.BIGBANG.com,” “ware Buziness,” “BIGBANG hosting,” “BIGBANG domains”.

You are prohibited from bidding on keywords containing BIGBANG trademarks plus an additional term such as [BIGBANG coupons], [BIGBANG promotions], and [BIGBANG promos]. Further, Affiliates are NOT permitted to broad or phrase match any of these keywords.

You are prohibited from outranking BIGBANG’s internal paid search ad on any keywords.

You are prohibited from direct linking to BIGBANG.com from any paid search ads.

You are prohibited from using BIGBANG.com as a display URL.

All materials, including without limitation, ad copy, coupons, and promotions on your Affiliate Site must accurately represent active and valid promotions. For example, you may not display an ad on your Affiliate Site for a promotion that has expired. We continue to monitor all paid search landscapes. If you are determined to be in violation of this section your participation in the Affiliate Program may be terminated. For more information on match types, please visit Google’s overview of match types.

Discounts and Coupons- You are not allowed to post any refunds, credits or discounts on BIGBANG Products and Services, or other content concerning BIGBANG without BIGBANG’s prior written consent in each instance. Affiliates may only use active coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of the Affiliate Site to the pertinent area of the BIGBANG website will in no way alter the look, feel, or functionality of the BIGBANG website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Affiliate Agreement and may result in your termination from the Affiliate Program or the withholding of Commission Fees.

  1. Data Security

In addition to the obligations set forth in Section 4 (FTC Endorsement Compliance), Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United Arab Emirates or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, considering the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist BIGBANG in complying with any data subject rights request under the GDPR that BIGBANG may receive from any individuals referred to BIGBANG by Affiliate. Affiliate further agrees to promptly assist BIGBANG in complying with any duties to cooperate with supervisory authorities under the GDPR.

  1. Order Processing

BIGBANG will process orders placed by Referred Customers and/or Referred Resellers who follow the Links from your Affiliate Site to BIGBANG’s website. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfilment, including BIGBANG’s services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through the applicable Affiliate Platform. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your Affiliate Site and our website are properly formatted.

  1. Commission Determination; Qualified Purchases

Commission Fees will be calculated based on the commission rates stated on the BIGBANG website for each Qualified Purchase subject to commission accruing pursuant to Section 8 below. A “Qualified Purchase” does NOT include any of the following:

A purchase by a Referred Customer and/or Referred Resellers that has transferred from any BIGBANG partner or entity that owns, is owned by, or is under common ownership with BIGBANG.

A purchase by a Referred Customer and/or Referred Resellers that has transferred from any BIGBANG partner or entity that owns, is owned by, or is under common ownership with BIGBANG.

A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other program.

A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.

A purchase by a Referred Customer and/or Referred Resellers that has not been in good standing for a period of at least thirty (30) days or is in violation of BIGBANG’s Terms of Service, Acceptable Use Policy, or other applicable policies at the time the Commission Fees accrue.

A purchase that BIGBANG suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same Referred Customers/Referred Resellers, or the referral of accounts that do not comply with this Affiliate Agreement.

A purchase referred by an Affiliate that has an excessive cancellation rate as determined in BIGBANG’s sole discretion.

A purchase by a Referred Customer and/or Referred Resellers who was offered or received coupons, refunds, credits, or discounts from the Affiliate not authorized by BIGBANG.

A purchase by a Referred Customer and/or Referred Resellers who is in or is promoting a business-opportunity program (as determined by us in our sole discretion), using marketing practices that we deem to be unethical or likely to attract fraudulent signups and/or signups with a very low likelihood of renewal.

A purchase by a Referred Customer and/or Referred Resellers who received a popup with a discounted offer, while leaving BIGBANG’s website during their purchase. xi. A purchase by a Referred Customer and/or Referred Resellers engaging in “Domain Speculation,” which is determined by the identification of two (2) web hosting accounts with the same Referred Customer’s and/or Referred Resellers’ name, email address, or other identifying characteristic as determined by BIGBANG and/or the identification of two (2) or more web hosting accounts that have no content on their websites or have similar content, templates or formatting, as determined in BIGBANG’s sole discretion.

A purchase by a Referred Customer and/or Referred Resellers’ who, prior to such purchase, clicked through a Link established by another affiliate under this Affiliate Program.

A purchase by a Referred Customer and/or Referred Resellers’ more than ninety (90) days after clicking through the Affiliate Link.

BIGBANG reserves the right to withhold payment of Commission Fees to Affiliates who are new to the Affiliate Program, or who have referrals that are potentially the result of fraud as determined by BIGBANG in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.

All Infrastructure & Services are eligible for Affiliate Commission including but not limited to Hosting & Servers, Multi-Cloud, Business Emails, Remote IT Support, Web Design, Managed Services etc.

Licenses & Software products are not eligible for affiliate commission including domains, SSL certificates, Microsoft CSP & all SPLA licenses.

BIGBANG reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Affiliate Agreement by the Affiliate or a Referred Customer. BIGBANG reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases. If no subsequent Commission Fees are due and owing, BIGBANG may send Affiliate a bill for the balance of such refunded purchase upon termination of Affiliate’s participation in the Affiliate Program or termination of the Referred Customer.

BIGBANG reserves the right to immediately cancel or withhold for later review any Commission Fees that fail to meet the criteria of a “Qualified Purchase.” Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees; BIGBANG is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission Fee that has been cancelled or withheld, Affiliate has thirty (30) days from the day the payment would have been due to contact BIGBANG to request that the Commission Fee be paid. Any changes to decisions about cancelled or withheld Commission Fees are strictly made in BIGBANG’s sole discretion.

Commissions for any Referred Customer who is associated with any BIGBANG reseller, referral or other program may not be considered a Qualified Purchase. In other words, you may not receive double commissions or compensation.

In the event that the Referred Customers that are referred to BIGBANG by an Affiliate are determined to have an excessive cancellation rate, as determined by BIGBANG in its sole discretion, BIGBANG reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.

Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud BIGBANG or any violation of the terms of this Affiliate Agreement constitutes immediate grounds for BIGBANG to terminate the Affiliate’s participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.

We use cookie-based tracking to track and award sales made through the Link. Our cookies are valid for sixty (60) days and are awarded on a last click basis, which means clicking the Link before signing up will overwrite any other affiliate cookie currently in the system. Also, deleting cookies after clicking the Link (but before signing-up or paying-up) disables tracking and monitoring these clicks and any sale they may lead to.

  1. Commission Accrual & Payments

Subject to the terms of this Affiliate Agreement and the terms of any applicable Affiliate Platform agreement, Commission Fees will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Console for each Qualified Purchase that accrues during the period for which such Commission Fees are being calculated.

Commission Fees will be processed approximately forty-five (45) to seventy (70) days after the end of the month in which they accrue, unless you use an Affiliate Platform in which case they will be processed in accordance with your agreement with the applicable Affiliate Platform.

BIGBANG will only compensate you for Qualified Purchases made in accordance with the terms of this Affiliate Agreement.

Commission Fees shall be paid based on the current information in your Affiliate Console. You are required to notify the Affiliate Platform promptly of any change in your address by updating your profile information in the Affiliate Console. You are responsible for informing the Affiliate Platform of your desired payment form/type. You can update or change your desired payment method at any time by updating your affiliate profile located in the Affiliate Console. Please see the applicable platform’s policies for details on the effect of any changes.

Depending on your Affiliate Platform, you may be subject to a minimum or maximum payment amount. All such minimum and maximum payment amounts are governed by your agreement with the Affiliate Platform.

You may view the currently available payment methods by logging into your Affiliate Console for the applicable Affiliate Platform. If the Affiliate Platform offers PayPal as a payment method, please refer to PayPal’ s policy to ensure you are eligible to receive payment if you reside outside of the United States.

BIGBANG and the Affiliate Platform, in their sole discretion, reserve the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted.

Disputes: Affiliate has access to BIGBANG’s real-time Affiliate Program statistics and agrees to file any disputes within forty-five (45) days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by BIGBANG and Affiliate forfeits forever any rights to a potential claim.

Commission Fees will accrue and only become payable once you (i) provide all relevant tax and address documentation pursuant to this Section 8, and (ii) reach the Commission Threshold based on the commission rates stated on BIGBANG.com. It is solely your responsibility to provide the Affiliate Platform with accurate tax and payment information that is necessary to issue Commission Fees to you. If the Affiliate Platform does not receive the necessary tax or payment information within ninety (90) days of a Qualified Purchase which would otherwise trigger Commission Fees, the applicable commissions shall not accrue and no Commission Fees will be owed with respect to such Qualified Purchase.

Any address change must be made in the Affiliate profile in the Affiliate Console at least fifteen (15) business days prior to the end of the calendar month in order for Commission Fees for that month to be processed.

BIGBANG is not responsible for paying any third-party fees, including any fees charged by PayPal, in order for you to receive Commission Fees.

  1. Reports of Qualified Purchases

You may log into your Affiliate Console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases. As such, Commission Fees may not be issued for all Referred Customers that appear in the Affiliate Console.

  1. Obligations Regarding Your Affiliate Site

You are solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear on your Affiliate Site. Such responsibilities include, but are not limited to, the technical operation of your Affiliate Site and all related equipment; creating and posting product reviews, descriptions, and references on your Affiliate Site and linking those descriptions to our website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to BIGBANG Products and Services); ensuring that materials posted on your Affiliate Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise illegal. We disclaim all liability and responsibility for such matters.

We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time to determine if you are in compliance with the terms of this Affiliate Agreement. If you are not in compliance, we may terminate your participation in the Affiliate Program effective immediately.

  1. BIGBANG Responsibilities

We will provide all the information necessary for you to make Links from your Affiliate Site to our site. BIGBANG will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for BIGBANG Products and Services placed by a Referred Customer, for tracking the volume and the amount of money of Qualified Purchases generated by your Affiliate Site, for providing information to Affiliates regarding Qualified Purchase statistics, and for providing Referred Customers with the services purchased.

  1. Policies and Pricing

Referred Customers who buy BIGBANG Products and Services through our affiliate network are deemed to be BIGBANG customers. BIGBANG’s Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. For example, BIGBANG determines the prices to be charged for BIGBANG Products and Services sold through the affiliate network in accordance with our own pricing policies. Prices and availability of BIGBANG Products and Services may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information on our website, but we cannot guarantee the availability or price of any BIGBANG Product or Service.

  1. E-mails and Publicity

You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages without BIGBANG’s prior written consent, to be granted or denied in BIGBANG’s sole discretion, in each instance. Additionally, you may only send emails containing a BIGBANG affiliate link and or a message regarding BIGBANG or the Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section 13 and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Affiliate Agreement by you and will result in the forfeiture by you of any and all rights you may have to any Commission Fees and the termination of your participation in the Affiliate Program. Further, if your account has excessive clicks in a very short period of time as determined by BIGBANG in its sole discretion, the Affiliate relationship may be terminated.

  1. IP Licenses and Use

Subject to the limitations set forth in this Affiliate Agreement, including Section 3, we grant you a non-exclusive, non-transferable, non-assignable, revocable license to (i) provide access to BIGBANG’s website through the Links solely in accordance with the terms of this Affiliate Agreement; and (ii) use BIGBANG’s IP (Intell for the sole purpose of promoting BIGBANG’s Products and Services on your Affiliate Site. You may not alter, modify, or change BIGBANG’s IP in any way or use BIGBANG’s IP in any manner that is disparaging or that otherwise portrays BIGBANG, any BIGBANG employee, representative or customer in a negative light. You are only entitled to use BIGBANG’s IP in compliance with the terms of this Affiliate Agreement. Your license to use BIGBANG’s IP shall immediately terminate upon the termination of your participation in the Affiliate Program for any reason. We reserve all of our rights in BIGBANG’s IP and your license to use BIGBANG’s IP is limited to the manner described herein. BIGBANG may review your Affiliate Site to ensure compliance with this Affiliate Agreement at any time.

You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the “Affiliate Trademarks”) in any advertisement or other materials used to promote BIGBANG and the Affiliate Program. For the avoidance of doubt, BIGBANG may, but is not obligated to use the Affiliate Trademarks at is sole discretion. This license shall terminate upon the termination of your participation in the Affiliate Program.

  1. Term and Termination

The terms of this Affiliate Agreement are effective upon your submission of an application to the Affiliate Program and shall remain in effect until either party terminates your participation in the Affiliate Program (the “Term”). Your participation in the Affiliate Program may be terminated at any time by either party, with or without notice or cause.

You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term. Commission Fees earned prior to the date of termination will be eligible for payment only if the orders for the related BIGBANG Products and Services are not cancelled/suspended within thirty (30) days and comply with all of the terms of this Affiliate Agreement. We may withhold your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by BIGBANG in its sole discretion.

Any Affiliate who violates this Affiliate Agreement, BIGBANG’s Term s of Service, or any applicable law or regulation will immediately forfeit any right to any and all accrued, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.

BIGBANG reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Affiliate Agreement, at any time for any reason, in BIGBANG’s sole discretion.

  1. Modification

We may modify this Affiliate Agreement at any time in our sole discretion, and any modifications shall take effect when posted on our website. Your continued participation in the Affiliate Program following the posting of any modification on our website will constitute your binding acceptance of the modified terms. Modifications may include, but are not limited to, changes in the scope of BIGBANG Products and Services eligible for Commission Fees, Commission Fee amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Affiliate Agreement, in which event you shall be entitled to your rights under the unmodified Affiliate Agreement in effect prior to the date of the applicable modification.

  1. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any BIGBANG Products and Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our websites will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption

  1. Relationship of Parties

You and BIGBANG are independent contractors, and nothing in this Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Affiliate Site or otherwise, that contradicts anything in this Section 18.

  1. Representations and Warranties

You hereby represent and warrant to us as follows:

You have reviewed and understand this Affiliate Agreement and agree to be bound by its terms.

Your acceptance of this Affiliate Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.

You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to BIGBANG the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third person or entity.

You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Affiliate Agreement

There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.

During the Term, you will not include in your Affiliate Site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or in violation of our Term s of Service or Acceptable Use Policy.

You are at least eighteen (18) years of age.

Each Referred Customer and Referred Reseller is valid, genuine, and unique and meets the criteria of a Qualified Purchase for generating a Commission Fee as provided in this Affiliate Agreement.

  1. Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AFFILIATE AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AFFILIATE AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AFFILIATE AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

  1. Indemnification

You hereby agree to indemnify and hold harmless BIGBANG and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your Affiliate Site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.

  1. Confidentiality

Each of the parties hereto agrees that all information including, without limitation, the terms of this Affiliate Agreement, business and financial information, BIGBANG customer and vendor lists, or pricing and sales information (including without limitation commission rates), shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Affiliate Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party not under any obligation of confidentiality to the disclosure hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) pursuant to a valid subpoena or order issued by a court or administrative agency of competent jurisdiction in UAE, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation. In the event of such disclosure, the receiving party shall give the disclosing party prior notice before releasing any information unless giving such notice is prohibited.

  1. Independent Investigation

You understand that we may at any time (directly or indirectly) solicit BIGBANG relationships on terms that may differ from those contained in this Affiliate Agreement. We may also solicit relationships with entities that operate websites that are similar to or compete with your Affiliate Site. You have independently evaluated the desirability of participating in the BIGBANG Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Affiliate Agreement.

  1. Miscellaneous

Governing Law – The laws of the UAE will govern this Affiliate Agreement, without reference to rules governing choice of laws. Any action relating to this Affiliate Agreement must be brought in the federal or state courts located in the State of UAE, and you irrevocably consent to the jurisdiction of such court.

Binding Arbitration -. By participating in this Affiliate Program, you agree to binding arbitration for any disputes or claims that arise against BIGBANG or its subsidiaries in conjunction with this Affiliate Program. An arbitration firm selected by BIGBANG will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this Affiliate Program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.

Assignment -. You may not assign this Affiliate Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Affiliate Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns

Waiver -. Our failure to enforce your strict performance of any provision of this Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Affiliate Agreement.

Definitions

“We”/”Us”/”Our”/”BIGBANG.” means BIGBANG.

BIGBANG Information Technology Solutions
Dubai – U.A.E.
1944, Tamani Arts Tower, Business Bay, Dubai-UAE
P.O.Box: 74041

“You”/”Your”/”Yourself”/”User”/”Customer” means the user of the Website and/or customer of the Services.

“Services” means any services offered by BIGBANG. on its website including but not limited to domain registration/transfer, Web hosting Services, Emails Solutions, Servers including VPS, Cloud, and Dedicated Servers, Enterprise Cloud Services, Managed Support – commonly referred to as the ‘BIGBANG Services’.

Users may not send unsolicited bulk messages over the Internet (i.e., “spamming”) and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003 of the US.

Mass Mailings – Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In into mailings from the User. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins, including the actual e-mail and its headers, and provide such records to BIGBANG upon its request. If a User cannot provide positive and verifiable proof of such consents and opt-ins, BIGBANG will consider the mass mailing to be unsolicited.

Mailing Lists – Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a User for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections (including the actual e-mails and their headers) and provide such records to BIGBANG upon its request. If a User cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, BIGBANG will consider the list mailing to be unsolicited. Any User-maintained mailing list must also allow any party on the list to remove itself automatically and permanently.

Other prohibited activities include, without limitation, the following:

  • Use of BIGBANG Network for the receipt of replies to unsolicited mass e-mail.
  • Forgery of e-mail headers (“spoofing”).
  • Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
  • Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
  • Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”).
  • Hosting web pages or providing services that support spam.
  • Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, UseNet posts, pop-up messages, instant messages, or SMS messages.
  • Instructing others in any activity prohibited by this AUP.

If any Customer or any Third-Party User that is a customer of our Customer uses BIGBANG Services, BIGBANG Network or its physical infrastructure in a manner that causes BIGBANG to be “blacklisted” or blocked, BIGBANG reserves the right to:

  • Suspend permanently or terminate BIGBANG Services of such Customer and/or
  • Suspend permanently or terminate the access to BIGBANG Services, BIGBANG Network or its physical infrastructure by such Third-Party User.

Operating BIGBANG Service on behalf of, or in connection with, or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.

Block Removal – If, as a result of a Customer’s actions, BIGBANG’s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, BIGBANG shall charge Customer AED 500 upfront and AED 500 per hour thereafter for any necessary remedial actions.

Abuse Complaints

1.For any complaints regarding any of our services or your BIGBANG account that are related to our Terms, please send an e-mail to legal@big-bang.ae.

2.Be as detailed as possible when explaining the problem!

Definitions

“We”/”Us”/”Our”/”BIGBANG.” means BIGBANG.

BIGBANG Information Technology Solutions
Dubai – U.A.E.
1944, Tamani Arts Tower, Business Bay, Dubai-UAE
P.O.Box: 74041

“You”/”Your”/”Yourself”/”User”/”Customer” means the user of the Website and/or customer of the Services.

“Services” means any services offered by BIGBANG. on its Website including but not limited to domain registration/transfer, Web hosting Services, Emails Solutions, Servers including VPS, Cloud, and Dedicated Servers, Enterprise Cloud Services, Managed Support – commonly referred to as the ‘BIGBANG Services’.

At BIGBANG, we recognize that privacy is important. This Privacy Policy applies to all products and services provided by us.

Collection of Information

We collect various information when you register with BIGBANG, during your usage of our services, when you visit pages of our partners. We may combine information about you that we have with information we obtain from other partners or other companies in order to provide you a better experience or to improve the quality of our services. When you sign in to our services, you are not anonymous to us. We automatically receive and record information from your computer and browser, including your IP address, our cookie information, software and hardware attributes the page you request and other standard browser parameters.

We collect the following personal information from you

  • Contact Information such as name, email address, mailing address, phone number
  • Billing Information such as credit card number, and billing address
  • Unique Identifiers such as user name, account number, password
  • Usage activity about how you interact with us such as purchase history, what content you viewed, and which areas of our site you visited

As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

We use this information to

  • Fulfill your order
  • Send you an order confirmation
  • Send you requested product or service information
  • Send product updates or warranty information
  • Respond to customer service requests
  • Administer your account
  • Send you a newsletter
  • Respond to your questions and concerns

Choice/Opt-Out

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, or you can contact us at legal@big-bang.ae

Social Networks

We enable you to create a profile, and share information such as messages, photos, and videos with others within your network. We cannot control the actions of others with whom you may choose to share your pages and information. Also, we cannot guarantee that the content you post on our site will not be viewed by others outside your network.

When you use our services, we send one or more cookies – a small file containing a string of characters – to your device that uniquely identifies your browser. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends, and providing you with a better experience. We may set one or more cookies in your browser when you use our services or one of our partner’s services. When you send messages, publish content, post material, transmit information or email through our services, we may retain the same in order to process your inquiries, respond to your requests and improve our services.

Our infrastructure consists of servers deployed at multiple data centers that are owned and operated by us or our partners. All information collected within our services resides on this network of servers.

Use of Information

We only use and process personal information for the purposes described in this Privacy Policy. In addition to the above, such purposes include:

  • Communicating with you
  • Making the sites or services easier to use by eliminating the need for you to repeatedly enter the same information
  • Providing our services
  • Auditing, research and analysis in order to maintain, protect and improve our services
  • Ensuring the technical functioning of our network
  • Protecting our rights or property and that of our users
  • Developing new services

Choices for Personal Information

When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose defined herein and in the terms of the services offered, then we will ask for your consent prior to such use. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our features and services may not function properly if your cookies are disabled. You can decline to submit personal information to any of our services, in which case we may not be able to provide those services to you.

Disclosure to Third Party

We will share your information with third parties only in the ways that are described in this privacy statement.

We may provide your personal information to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may disclose your personal information

  • As required by law, such as to comply with a subpoena, or similar legal process
  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
  • If BIGBANG is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information,
  • To any other third party with your prior consent to do so.
  • We may share certain pieces of aggregated, non-personal information, such as the number of users by demographic with third parties. Such information does not identify you individually.

PayPal

If you choose to use PayPal to finalize and pay for your order, you will provide your credit card number, directly to PayPal. PayPal’s privacy policy will apply to the information you provide on the PayPal Web site.

Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Tracking Technologies

We or a third party contracted by us may use technologies such as cookies, Web beacons, or scripts to gather information about how you and others interact with our Web site. For example, we will know how many users access a specific area or features within our site and which links or ads they clicked on. We use this aggregated information to understand and optimize how our site is used, improve our marketing efforts, and provide content and features that are of interest to you.

No-Spam Policy

We have a strict No-Spam Policy prohibiting the use of any data collected to send spam. We will not sell any contact information to third parties.

Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can contact us at legal@big-bang.ae

We provide two means for you to make a purchase on our site. You can either use our order form or a third-party checkout option. If you use our shopping cart, the transmission of sensitive information collected on our order form is encrypted using secure socket layer technology (SSL). If you choose to use a third-party checkout option to pay for your order, its privacy statement and security practices will apply to your information. We encourage you to read that privacy statement before providing your information.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at legal@big-bang.ae. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Accessing and Updating Personal Information

When you use our services, we make good faith efforts to provide you with access to your personal information and to correct this data if it is inaccurate.

Other Information

Our Web site may offer publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at legal@big-bang.ae. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so

Correcting and Updating Your Personal Information

To review and update your personal information to ensure it is accurate, contact us at legal@big-bang.ae.

Changes in Privacy Policy

BIGBANG reserves the right to change, modify, add or remove all or any part of these Terms at its sole and absolute discretion any time with or without notice.