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Terms and condition

1. Privacy General – Scope


1.1 The Terms and Conditions (also referred as ‘T&C’) are entered between the Client (hereinafter referred to as ‘Client’, ‘you’, ‘your’) and ITWorksMe. (Referred to as ‘we’, ‘us’, ‘our’, ‘ITW’, ‘Service Provider’).
1.2 These Terms and Conditions represent the contract reached between ITW and the Client,that will govern their business activities. To the extent possible, we intend to list the current and prospective services to which the agreement applies. 
1.3 The ‘Client Portal’, ‘Portal’ is the web-based system (https://itworksme.com) where Clients can sign up. The Portal provides online access to the Services, including the Invoices, Pending Requests and Orders, New Orders including the Orders History and your Profile with us.

 

2. Services


2.1 ITW will use reasonable efforts to supply a continuous service. However, ITW is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the Client. ITW is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
2.2 You agree that ITW is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. ITW is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Client of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of Lebanon or other applicable law.
2.3 ITW offers IT outsourced services, hosting managed services, OTT, as well as specific design and development services (collectively the “Services”). All the services are subject to the following terms and conditions, except for the managed hosting services, which are subject to the terms and conditions of the initial data center and servers which can be found on the following
https://cloud.ibm.com/docs/overview/terms-of-use?topic=overview-terms
https://azure.microsoft.com/en-us/support/legal/
https://www.leaseweb.com/legal
https://cloud.google.com/terms
https://aws.amazon.com/service-terms/
https://aptum.com/legal/
https://www.ovh.com/world/support/terms-and-conditions/

 

2.4 With respect to the IT Outsourced Services, and by using this Remote Support Service you understand that:  • All remote service and software is provided at the customer’s sole risk.  • You are responsible for the backup of your data and applications. • ITW is not liable for consequential damages of any kind.   • ITW is not liable for unauthorized access to anybody's computers via any remote software• ITW will not disclose passwords or IDs to any undisclosed 3rd party.  The ability for ITW to remotely access your computer significantly enhances our ability to resolve your technical problem quickly. You understand that, by requesting such assistance, you are providing ITW technical support personnel with access to and control of your computer. In doing so, you could be providing ITW technical support personnel with access to files that reside on your computer therefore, you accept responsibility for any changes made to the desktop content or system settings. ITW recommends that, for your security and privacy, you exit any open applications that contain personal or confidential information before initiating a remote support session with the ITW representative. ITW further recommends that you remain seated at your desktop throughout the entire remote session.  By accepting these terms and conditions, you acknowledge that remote intervention may in some cases result in data  loss and/or software corruption on your computer therefore ITW explicitly recommends that you back up the  data from your computer before accepting remote technical support.  If you do not back up your data, you run the  possibility of irretrievable loss of such data and ITW will not be liable for any data or extra costs incurred from  3rd parties, however caused.

 

3. Illegal Use

 

ITW servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, HYIP, and Bit Torrents.
3.1 Service Abuse
Any attempts to undermine or cause harm to a ITW server or Client are strictly prohibited. ITW reserves the right to suspend OR terminate services on receipt of abuse complaints in which case, no client refund shall be made as a result of such termination/suspension.
3.2 SPAM and Unsolicited Commercial Email (UCE)
Spamming, the sending of unsolicited mass email from or through a any of our servers or using an email address that is maintained on a ITW machine is STRICTLY prohibited. ITW will be the sole arbiter as to what constitutes a violation of this provision Violator accounts will face immediate suspension.
3.3 Adult Content
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are allowed only after prior permission from ITW. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
3.4 Gambling and Betting
Due to the special regulations governing gambling and betting, we may host such applications on our servers only after ensuring that all licenses, permits and authorizations have been obtained. In countries where betting and/or gambling may be illegal, we reserve all the rights to geo block the services if so requested by the relevant authorities in such countries. In such events, you understand and agree that we cannot be held liable and you waive any form of recourse you may have against our action, including for claiming any form of direct, indirect or consequential damages or the loss of potential profit.

4. Security

 

4.1 You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorized access to another network or server.
4.2 Your password provides access to your Account. It is your responsibility to keep your password secure.
4.3 Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.
4.4 Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
4.5 You must adopt adequate security measures to prevent or minimize unauthorized use of your Account. ITW provides various settings to strengthen the security of your Account.
4.6 You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
4.7 You may not attempt to interfere with service to any user, host or network or carry out Denial of Service (DoS) attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. All such testing will be performed with our accord and using our services.
4.8 You agree and understand that users who violate systems or network security may incur criminal or civil liability. ITW will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
4.9 You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services.

5. Service Availability & Standard SLA

 

Service Availability is the total time in a calendar month that the ITW critical network segments are available through the Internet, provided that Client has established connectivity. We commit to provide the services in line with the following Service Level Agreements:
https://www.ovh.com/world/dedicated-servers/sla.xml
https://www.ovhcloud.com/en/enterprise/products/hosted-private-cloud/sla/
https://cloud.ibm.com/docs/overview?topic=overview-slas
https://azure.microsoft.com/en-us/support/legal/sla/
https://aws.amazon.com/compute/sla/
https://aptum.com/legal/
https://cloud.google.com/terms/sla
https://www.leaseweb.com/services/sla

6. Backups

 

Most of our servers that accommodate the Cpanel Web Hosting accounts are provided with backup equipment and automated procedures. For liability reasons we cannot guarantee these backups at any given point in time.

7. Trial

 

Client has 24 hours to do a “trial version” with our Shared Web Hosting packages only. In this period the client has the right to cancel or demand a full refund if they are not satisfied with the service. However, after exceeding this 24 hours the client will not be entitled to a full refund and they will be billed until a cancellation is incited. However, clients are entitled to a pro rate refund for any unused days in a given month.

 

8. Billing

 

Service Provider does not utilize paper or hard-copy invoices. All invoices are sent via email at the start of the month for the preceding month. Clients may also download the relevant invoices and receipt directly from their account if they so wish.

 

9. Cancellations & Refunds

 

All payments to the Service Provider are non-refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 (sixty) days of the time the dispute occurred. If Client disputes a charge to his credit card issuer that, in Service Provider’s sole discretion is a valid charge under the provisions of the T&C, if exists. Client agrees to pay the Service Provider an “Administrative Fee” of not less than €25 and not more than €100 which amount shall be at Service Provider’s full discretion. Subscription payments that are not cancelled at the time of Client’s cancellation will be refunded less any fees and the subscription payment will be canceled by Service Provider.
ITW may deny any Service or terminate the master hosting agreement, if exists, upon the failure of the Client to pay charges when due. ITW provides Client with a 3 (three) day grace period for payment on most services. A service will be interrupted or deactivated on outstanding accounts that reach 3 (three) days past the due date. ITW does reserve the right to deactivate or terminate a service prior to the end of the 3rd day grace period.
It is the Client’s responsibility to suspend or cancel an automated Subscription.

 

10. Terminations

 

ITW has the right to refuse, terminate or suspend your access to the Services for any reason, at our sole discretion, after giving you a written notice. We may suspend your Account as soon as you have breached any of these terms and conditions, including, but not limited to, late payment or non-payment of due money. We reserve the right to terminate any account to which the account holder advises that he or she is or will be bringing legal proceedings against ITW.

 

11. Resellers, Affiliates and Partners

 

Resellers, Affiliates and Partners are for all legal purposes synonymous. A reseller may create sub-accounts within his/her own server space, and sub-lease this space. It is the responsibility of the reseller to supply technical support to their own clients. ITW will not supply technical support to the clients of our resellers without prior arrangements. A reseller must take full responsibility for their own payments to ITW regardless of their payment arrangements with their own clients. Everyone using ITW products and services are required to follow the rules in this T&C. A reseller may, impose more restrictive rules on their own clients, but not less restrictive. Lastly, a Partner Agreement needs to be signed by both parties in order for a Reseller or an Affiliate to be confirmed and be able to promote/resell ITW services.

12. Limitation of Liability

 

12.1 ITW disclaims all liabilities in connection with the following:
(a) loss of material uploaded;
(b) incompatibility of the Services with any of the Client’s equipment, software or telecommunications links;
(c) technical problems including errors or interruptions of the Services;
(d) unsuitability, unreliability or inaccuracy of the Services;
(e) computer viruses of any kind obtained by the Client in the course of using the Services;
(f) any security breaches whatsoever affecting the Client’s Account.
12.2 In no event shall ITW be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
12.3 Nothing in this Term excludes each party’s liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents, sub-contractors or suppliers or for fraudulent misrepresentation or under the tort of deceit.
12.4 Subject to Term 12.3, our liability to you in contract, tort, negligence or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.

 

13. Indemnity

 

The Client agrees that it shall defend, indemnify, save and hold ITW harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against ITW, its agents, its clients, officers and employees, that may arise or result from any acts or omissions of the Client, its agents, employees or assigns in connection with their use of the Services.

 

14. Law

 

14.1 These T&C will be governed by and construed and interpreted in accordance with the law of Lebanon and the parties submit to the exclusive jurisdiction of the Lebanese Courts.
14.2 The Client and ITW both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.

 

15. Queries & Complaints

 

All our departments contact addresses can be found at itworksme.com/contact. 
Our Technical/NOC team operates 24/7 whilst the rest of the departments can be reached within standard business hours.

 

16. Disclaimer

 

The material contained in this web site are provided for general information purposes only and are not intended to provide legal or other professional advice nor do they commit ITW to any obligation whatsoever. ITW accepts no responsibility for any direct, indirect or consequential loss or damage which may arise from reliance on information contained in this site. Users are advised to seek confirmation of statements made herein before acting upon them; specialist advice should also be sought on specific issues.

 

17. Modification

 

ITW reserves the right to add, delete, or modify any provision of its T&C at any time without notice. There are certain products & services which are entitled to specific Terms & Conditions, other than these displayed in this page. Please contact info@itworksme.com to receive the corresponding Agreement for your purchased services.

 

 

Version as at May 28, 2020