- 1)Agreement and changes
Client undertakes to agree some changes in agreement and also observe some limitations after these changes. When company performs its service and products, this agreement is valid until the client enjoys its advantages. When the client gives up using this company service and products, any costs don't return by Pars Data. The client accepts to inform Pars Data about this subject. Obviously, he must inform 15 days before payment date and 3 days after payment date.
- 2)Price Changes
•If a service price change when it is using, the purchaser must observe new prices if he intends to improve the current service. So, the services which are purchased as past price will offer until the end of that period.
•If the client wants to improve host service, this is done from that service to same higher service.
•The cost computation is as following:
The current service usage is computed monthly and the remaining amount will return to the user, then the cost of new service will compute in regard to current price.
•The purchased services by client don't depreciate and just in service extension period, it can be removed and to provide a new space so that upload data.
•The Price changes will be issued by company website and client must follow them, unless in conditions that there is an invoice which was issued before these changes.
- 3)Technical Changes
•Pars Data company has right to do changes in current services in order to improve services quality. When the client services influence in these conditions, the company must inform it to the client by its website or e-mail during one month before that day. The client must understand these conditions and adopt himself.
When company can't inform because of emergency conditions, it hasn't any responsibility.
•Also, the client delegate to company that it perform technical activities (software & hardware) on services and products in order to improve services quality.
- 4)Correct Information
The client agrees to update his information ( as necessary) and inform correct information to Pars Data when he use the services and products, and Pars Data uses these information to communicate to client. If this information is incorrect, incomplete and vague or Pars Data has any doubt about their correctness, the company authorized to stop client services or block his account in its discretion.
- 5)Preserve Private Information
You can study the secret information preservation process in this part that is performed about all services and products.
This procedure includes the client rights and Pars Data responsibility in regard to preserve private information. Pars Data don't use the client information against above purposes and limitations in secret information preservation procedure.
- 6)Account Security
The client undertakes to preserve the privacy of his own password and account information. He is responsible about what operations have done in his account. If there is unauthorized usage and incomplete security, it must to inform Pars Data promptly. Obviously, Pars Data doesn't accept any responsibility against losses and damages that is occurred because of using password or account by the other one with or without the client knowledge. The client also accepts the responsibilities of potential damages to Pars Data because of using his password or account by the other ones. The client must reserve his own account access information in safe place because of security reasons and he must be careful that other ones can't access his password, user name and account information. Obviously, the responsibilities of all operations on the account are undertaken by client or his representative. Pars Data doesn't accept any responsibility in this case.
- 7)Lack of Illegal Use
The client agrees to not use against IRI .Iran regulations and rules and also the international laws.
As Pars Data delete the client information or perform the correction activities because of client illegal usage from services and products or using spams or unmoral cases, any amount couldn't return to client.
Pars Data consider clear right to disclose the information to perform regulations, rules and legal procedures and also as request of legal departments and government and also it consider the right to edit, remove, send or delete some cases or information in general or in partial as Pars Data discretion anytime.
As the services and products are provided by the client, Data pars is not obligated to observe the use of client from them.
Pars Data considers this right to itself to assess the using of services and products and it can cancel them as its discretion.
Pars Data authorized to stop the client access to the services and products because of any reason anytime without past notice.
If the client usage of the services and products leads to legal threat against Pars Data, and its related companies; this company will authorize to finish the client services regardless its results.
Pars Data investigate all account about the over- use the space and bandwidth and when it finds the over-use, it can receive the additional cost or disconnect the client service.
If the client uses the spam or non moral subjects, Pars Data will authorize to cancel the client service.
The non moral activities are including: defamation, make damages, abuse, threat, and gossip, annoy the third party, the activities against IRI. Iran regulations and international laws, the activities to promote others to do non moral activities such as crime, non moral using of children pictures and etc, the activities that interfere into the private space of the third party or a race, religion and holy things, the activities that are designed to impersonate the third party, entering to PC or the other networks illegally, dissipate internet viruses and every activity that cause to hurt children. Obviously, the non moral activities are not limited as the above mentioned cases.
- 8)Non Sending spam, the Loss Payment
Pars Data as soon as see any spam from every account or recognize that a certain spam is related to a certain account and bulk mail, it will cancel that account and the client must pay the determined loss after company computed the amount of this loss. The client verifies that he has studied the content of non sending spam policy and accepts to observe it. This condition must be performed for all services and products.
- 9)Intellectual Property
All rights and interests about intellectual property of Pars Data are belonged to this company. The client agrees to not transfer any benefits of this right and he is obligated to not claim about the interests of services and products.
The client agrees that all contents of this agreement, other procedures and Pars Data web site such as ownership regulations and rules are under protection of different rules of the issue right, patent and brand in IRI. Iran. And Pars Data preserve all of these rights to it. Also, the client agrees the prohibition of using above cases without any written permission from Pars Data. Any right and grant has not transferred to client by any issue right, patent, brand, ownership right or other permission via this agreement.
- 10)Usage of Pars Data Software Products
As the client provides Pars Data software products, the company will offer a limited, non exclusive and non transferable permit to him in order use the software.
The client can perform software on every database but he can't install it on 2 or more database concurrently.
The client can't do changes in software or combine it to other software. Also he can't make derived software from it or plug in based on software.
Any activity to access source code isn't permitted.
Pars Data preserves all software rights for itself.
The software and all its copies that the client can provide are under Pars Data intellectual property.
Source code is exclusive property of Pars Data and software prevent by copy right such as Iran copy right.
Except the rights that are given to clients clearly, the client hasn't any other right than software and all rights are preserved for Pars Data.
Pars Data offers its software products without any explicit or implicit guarantee, while it hasn't any limitation to offer implicit guarantees when company intends to sell its products.
- 11)Cost and Payment
All charges must pay as soon as deliver services or products and it is irrevocable, except it is mentioned clearly even when the client services suspend, cancel or transfer before the certain time.
Pars Data preserve this right to itself that inform the cost by e-mail or on its official website (www.parsdata.com) the client can pay by the credit cards, bank accounts, personal and legal cheque and other determined methods by using pre-payment system. The client can charge his account by certain payment methods.
When the agreement has monthly payment; so, its payment date will determine based on the purchasing amount, unless its date be after 29 of every month. In this case, it will pay every 29. When the agreement has yearly payment or longer and the option "automatic extension" has been selected, the company will extend the service automatically and its amount will received from the stock of client pre- payment based on current amounts.
If Pars Data can't receive the client debt in any reason by using the determined payment methods, the client agrees that Pars Data prosecuted the client, when payment has been done by credit card and the company can't receive it in any reason, the client agrees that Pars Data prosecuted the client to clear his debt. Pars Data authorized to cancel the client service without any past notice so that clear his debt.
Cost invoices will receive by the selected client payment. The client can determine his payment method by entering to "credit increase" part when he wants. The client agrees about his responsibility about the extension of his receiving services and if Pars Data can't to receive the client service cost by the determined method, Pars Data will not any responsibility against the client or third party.
b)Prepayment System
- System Specification
By using Prepayment, the client pays sum of money sooner to Pars Data and when he wants he can use it. Obviously, in purchasing time, the money will pay to the client account in whole amount and system will take it. So, the Prepayment system is observed for all products. The client can purchase services and products from Pars Data and it agrees to do this process by this system.
The client can pay by credit cards, telephone/ telegraph drafts, cheque or pre determined methods. The client agrees that when his cheque doesn't receive, he must pay fine equal to 4% of sum of cheque in addition to the legal procedure. Pars Data authorized to deduct this fine amount from the client account even without past notice.
The client can assess the remaining amount of his account in "user's events" part in Pars Data web site. If he wants to finish his account, 30% of amount will deduct as commission and the remaining will return to the client.
All monetary transfer related to Prepayment system is based on Rls Iran, Pound GB or $ USA and the client is responsible to compute and change other currency to Rls Iran, Pound GB or $ USA. There isn't any maximum or minimum for payment.
The purchases more than 99.000.000 Rls lead to consider 5% discount and 149.000.000 Rls lead to consider 7% discount but it is considered in next purchases, Pars Data authorized to cancel or change this account when he wants.
- Using Prepayment Account
Using Prepayment account is possible just by Pars Data website in order to purchase its services and products. There isn't any purchase without completing the client account. The client can increase his credit when he wants. It is possible to see functions about the client account by the link" my events" in members control panel of Pars Data website. The client account displays the purchases, the remaining amount; the amount of every purchase, time and etc. Pars Data considers its right to disclose information in order to perform legal order, legal procedure and government requests. And it preserves the right to edit, reject, send or remove information in general or partial form as new method of Pars Data in each time.
- Special Guarantees
The client agrees that Pars Data isn't responsible in regard to Prepayment system. Pars Data considers this right to itself to cancel services and products in new method as his discretion. This process is done to preserve the consistency of legal, civil, or criminal procedure for Pars Data, related companies, representatives, managers and employees.
- 12)Commitments Guarantees
The client or everyone who signed this agreement electronically as representative of client hereinafter announces and undertakes to enjoy the necessary rights and authorities to do this agreement and he never transfer the advantages of this agreement to the other one. Also, he is agrees that he is 18 years old or older or his legal agent has these conditions and will sign this agreement as his representative and he guarantees his activities don't hurt the legal benefits of others and isn't in conflict their interests.
- 13)Non Responsibility
Pars Data hasn't responsibility against indirect and accidental losses (such as losing information) even if this claim is based on agreement, the violation of agreement (implicit or explicit), the violation of treaty and the secondary procedures or inability to use Pars Data services and products and any reason that cause to loss information and files. Although Pars Data has noticed these losses, but some conditions may be an exemption from the above cases and in these conditions, Pars Data is subject to law. The client agrees that in every condition, the maximum responsibility against potential losses don't reach more than his payment for a certain services and products.
The end of part 12 of some legal areas doesn't permit to reject imp-licit guarantee.
In these cases, the above case can't be performed. Part 12 of 1,7,10,12,13,14,15,16,17,18,19,20,21,22 in agreement would be remained if the agreement cancel or expire.
- 14)Not Guarantee
Pars Data violates every implicit or explicit guarantee in sale and etc. the correct services and products are delivered. Pars Data doesn't guarantee to meet client needs, the services don't stop, they are without error and their faults will be resolved. Pars Data doesn't guarantee the correctness and accuracy of services and products performance.
- 15)Compensation
The client agrees to compensate every damage, responsibility, hurt or cost that is imposed on Pars Data, contractors, representatives, employees, managers, shareholders and their relatives such as the attorney fee that is result of claim, function or request of third person related to the client (such as clients representatives or other party who has purchased the subscription, products, services with or without the client permission) and the client will pay the social compensation. Meanwhile he agrees to preserve Pars Data against any every damage, responsibility, hurt or cost that is imposed on Pars Data, contractors, representatives, employees, managers, shareholders and their relatives such as the attorney fee that is result of guarantees violation and also every illegal act from the client side, any claim about his cooperation in copy right, brand and intellectual property of third party and the client will pay the potential compensation. This amount is in addition to the fines the the client will pay in his own side. When there is a claim against Pars Data, the company must be informed. The client fault to send this commitment letter is considered as the violation of agreement. Pars Data authorized to defend against these claims in new method. The client undertakes if these claims occurred, he informs Pars Data promptly and cooperates this company and also, he agrees that if Pars Data finds any government, official or legal problems related to client subscription , in addition to change the client subscription, every necessary affaires has done to observe government, official or legal regulations.
- 16) Rules, judgment Place, Non Complaint
The client agrees that judgment place about cases related to services and products determined by Pars Data in Tehran court or the committee against computer crimes. The client doesn't allow to complaint in court about the problems which are determined in this agreement.
- 17)Legal Notices
All Pars Data notices (except the violation of agreement) will be announced in website. The notices about the violation of agreement will send to client e-mail.
Anyway, the receiving date is considered 5 days after its sending. The clients' notices to Pars Data must be send to address:
No.13 (former 40), Morad hosein Hoseini rad (former Eftekhar) St, Larestan Ave, first of Motahari Ave, Tehran.
- 18)Reimbursement
Web host service can be transfer to other domain maximum a week after purchasing or it is reimbursed after the deduction 25%.
- 19)Complete Agreement
The current agreement includes procedures that are mentioned here as complete agreement and the only one between client and Pars Data about the mentioned services and products.
- 20)Severability
This contract parts can be divided. When a part of this agreement is invalid, it will interpret in regard to law and in the closest form and other parts must be performed.
- 21)Deprival
None performing a part of this agreement and it's enclosed by Pars Data against the client or others aren't considered as deprival.
- 22)Emergency
Pars Data tries to preserve its services and products. In regard to all problems and the factors out of Pars Data control that may lead to stop Pars Data servicing, the client agrees to doesn't consider Pars Data as the responsible of these pauses.
- 23)Lack of the third party benefits
Any part of this agreement isn't about the concept of giving the benefits, salary or commitment to third party except what is mentioned in agreement.
- 24)Titles
The current titles has descriptive aspect and if there is a contrast between titles and contents, this content must be considered as reference.
- 25) Support
Pars Data undertakes response the client questions 24 hours/7days even in holidays in free. Also, the client undertakes be care so that the support process perform rapidly and with better result.
- 26) Backup
Pars Data provides backup from site and data banks periodically. But it must be careful that the client must do the necessary activities to preserve information. Because there isn't any guarantee for back up.
- 27) Recruitment and marketing
The marketers must preserve their information well so that prevent any misusing of this information.