1. General Terms of Services

These Terms of Services ("Agreement") governs the use of the services ("Service" or "Services") that are made available by MKYARA INFOTECH ("MKYARA INFOTECH", "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between MKYARA INFOTECH and the company/organisation or individual who subscribes to any of our service/services ("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, MKYARA INFOTECH 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. MKYARA INFOTECH may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that MKYARA INFOTECH 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 MKYARA INFOTECH are governed by this General Terms and Conditions along with subsequent Policies and Agreements.

1.1 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

1.2 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 MKYARA INFOTECH. Further, Customer represents and warrants all information provided by Customer to MKYARA INFOTECH has been and is complete, accurate, and current, and that Customer shall continue to provide complete, accurate and current information to MKYARA INFOTECH 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.

1.3 Services: MKYARA INFOTECH offers Domain Name Registration, Web Hosting Services, Email Solutions, Security Solutions, VPS, Cloud, Dedicated Servers, Colocation Service and Enterprise Cloud Services to customers. Services are provided based on facility and equipment availability. MKYARA INFOTECH reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason. MKYARA INFOTECH intends to provide the best possible services to each of its Customers. MKYARA INFOTECH 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, MKYARA INFOTECH 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.MKYARA INFOTECH.com/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.

1.4 Service Management: Services which purchased from MKYARA INFOTECH can be managed by the customer by login to our unified control panel. Unified control panel is secured and accessible from our website by login with registered email address and password, provided to the Customer during signup. The password is to be kept secure always 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.

1.5 Maintenance: As part of our continued efforts to enhance customer experience, MKYARA INFOTECH 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. MKYARA INFOTECH will give as much notice as possible and shall try to keep this scheduled maintenance to the period specified in the notice. MKYARA INFOTECH accepts no liability whatsoever arising from such a suspension of the service. In case of any accidental incidents, MKYARA INFOTECH 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 MKYARA INFOTECH to customer during emergency maintenance. MKYARA INFOTECH 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. MKYARA INFOTECH 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.

1.6 Property Rights: 

1.6.1 These Terms do not give Customer any rights in MKYARA INFOTECH intellectual property or technology. MKYARA INFOTECH and related trademarks and logos are the exclusive property of MKYARA INFOTECH. MKYARA INFOTECH 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 MKYARA INFOTECH 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.

1.6.2 Customer does not have any rights in intellectual properties of third party vendors such as Microsoft, VMware, cPanel, Plesk, Bitdefender, Acronis, Acunetix, Sitelock, 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 MKYARA INFOTECH.

1.7 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. MKYARA INFOTECH 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 MKYARA INFOTECH or MKYARA INFOTECH's representatives including, without limitation, customer support representatives, shall create a warranty. MKYARA INFOTECH 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 purpose, merchantability of computer programs and content. MKYARA INFOTECH does not guarantee that users will be able to use the services at times or locations of their choosing. MKYARA INFOTECH 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 MKYARA INFOTECH in particular.

1.8 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.

1.9 Limitation of Liability: MKYARA INFOTECH 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 MKYARA INFOTECH 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 MKYARA INFOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. MKYARA INFOTECH SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. MKYARA INFOTECH'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 MKYARA INFOTECH, 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 MKYARA INFOTECH 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 MKYARA INFOTECH’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.

1.10 Indemnification: You, the Customer, agree to defend, indemnify and hold MKYARA INFOTECH, 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 MKYARA INFOTECH's own gross negligence or willful misconduct. MKYARA INFOTECH 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.

1.11 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 MKYARA INFOTECH 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 MKYARA INFOTECH 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.

2. Financial Terms & Policies:

2.1 Billing/Pricing/Payment:

2.1.1 Billing: All billings to Customers are in either INR or USD . Customer located in Out side India  is billed in USD only.

2.1.2 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. You will need to login and pay for your subscription by entering credit card details from the billing section. Payment must be made by the due date to avoid the suspension of your account.

2.1.3 Pay as you go: Service will get activated immediately after the signup and billing will get started from same hour.

2.2. Online Payment - Terms & Conditions

1. MKYARA INFOTECH has chosen CyberSource to secure your credit cards
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
3. You can cancel your subscription to any product or service anytime before your term expires. There will not be any refund for the cancelled service.
4. For subscription model, cancellation request from customer's end before the renewal term will terminate your service at the end of your current billing cycle. You will not be billed further. If you choose not to auto renew option then you will be liable to pay using offline methods before renewal term, else your service will be suspended automatically & will only restart on confirmation of your payment in our billing systems which might take up to 24 to 48 hours after you have paid
5. MKYARA INFOTECH or its employees do not have access to your credit card details since all details are stored in encrypted format by CyberSource.
6. In case you are not able to pay through credit card or paypal, you will be liable to pay using offline methods before renewal term; else your service will be suspended automatically & will only restart on confirmation of your payment in our billing systems which might take up to 24 to 48 hours after you have paid. Kindly email receipt of payment to mkyara12@gmail.com with Subject: Payment of Invoice # XYZ for faster manual processing
7. Your service will get suspended immediately after due date, in case we do not receive invoiced amount for renewal of service. Service will get terminated automatically after 15 days of suspension. Service can be resumed back during period of suspension after paying due amount.
8. MKYARA INFOTECH'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
9. Primary credit card cannot be deleted unless customer added another card and make it primary.

2.3. Promotions: MKYARA INFOTECH 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 MKYARA INFOTECH will charge Customer the prevailing fees for any free credits redeemed by Customer under the promotional package.

2.4. Pricing: MKYARA INFOTECH 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.

2.5. Cost of Living Adjustment (COLA): Price for services offered by MKYARA INFOTECH may increase by 5% price every year with reference to Cost of Living Adjustment.

2.6. Invoice: Invoices on renewals are generated 15 days before the official due date. Payment must be made by the due date to avoid the suspension of your Account. If no payment is received, your Account will be suspended 3 days after the official due date. If no attempt is made within the next 12 days to pay due invoice(s), we reserve the right to permanently terminate your Account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your Account.

2.7. Reinstatement Fee: A reasonable reinstatement fee of AED 250.00 will be charged onetime to restore your service following suspension due to non-payment.

2.8. MKYARA INFOTECH makes no representations or warranties that

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

Or

1. 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.
2. We operate from Dubai, UAE and choose to calculate all taxes on services according to laws and regulation of Dubai and are not based in billing information that you produce at the time of purchase.

2.9.Taxes:

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

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

2.9.Free Trials:

2.9.1. We do offer 30 days Free Trial to certain services only.

2.9.2. Customer shall agree that he/she will pay license fee and bandwidth usage charges during trial period.

2.10. Refund & Cancellations:

2.10.1. MKYARA INFOTECH 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.

2.10.2. Money for the requested refund/return shall be refunded back to the Customer in part or whole if the refund/return approve by MKYARA INFOTECH as per MKYARA INFOTECH'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.

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

1. Domains
2. 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.)
3. All other licenses from external vendors (WHM/cPanel, Plesk, Bitdefender, Trendmicro, Cloudlinux, Softaculous, Acunetix, Sitelock, Anti-Spam, Cloud Backup, Web Application Firewall, Weebly website builder etc.)
4. SSL Certificates

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

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