Terms of Service

Terms of usage

 

This Terms of Service Agreement (Service Agreement) is a binding documents that outlines the terms of thinkglobalcollectlocal.com (Online Service Provider), along with its systems and resources (Services) and any entity or individual who has been explicitly granted use of the Service (customer).

 

  1. INDEMNIFICATION

Customer agrees to use Think Global Collect Local (TGCL) Services and facilities at their own risk. TGCL explicitly issues as a part of this agreement a public disclaimer issuing no warranties of risks involved in releasing/ telecasting of information online. Under no circumstances shall TGCL shall be liable for any loss, or loss of data, or any other commercial damage, including but not limited to special, incidental, consequential or damages occurring due to natural calamities which involves damages of all sorts.

This definitive clause confirms that customer indemnifies TGCL and its affiliates, services and employees from any and all demands, liabilities, losses, costs and claims, that may arise or result from any service provided, performed, agreed to be performed or any product sold by customer, it’s agents, employees or affiliates.

TGCL remains indemnified against liabilities arising out of any injury to any person or property caused by any products sold or otherwise distributed in connection with  TGCL services.

It is at sole discretion of TGCL and its managing body to evaluate and interfere with any of the content hosted on its servers. Any content uploaded by any customer violating or alleged violating  proprietary rights of a third party Copyright will be dealt in compliance with the norms directed under EUCD/ DMCA. Our policy related to such content could be found here.

Customer’s selling tangible products using TGCL hosting services will require to define and adhere to their own policies for refund and return of defective products. TGCL, and its services, under no circumstances could be held responsible and are immune from any damaged or no show of product from any of its customers.

 

 

  1. CUSTOMER VERIFICATION POLICY

We accept payments whether, credit card or alternative payment methods, only via PayPal.

Client details provided (including email) must match with their PayPal account.

For PayPal Payments made using a different e-mail address we require a Valid ID Proof (Passport , Driving License or any other ID issued and accepted by the government of Customer’s country of residence) of PayPal Account Holder. The same could be sent to tech@thinkglobalcollectlocal.com.

A support ticket can also be created and your document attached with the ticket. Click here to find more details on how to create a support ticket.

If we do not receive the requisite documents within 48 hours, the order will be cancelled &5 Euros will be charged as one time processing fee. The remaining amount will be refunded. For orders costing less than or equal to 5 Euros, no refund will be processed.

None of your documents are stored in our online repositories vulnerable to a cyber attacks. These documents are added to your customer file in our head quarters and are destroyed immediately on termination of your TGCL account.

 

 

  1. BILLING AND LATE PAYMENTS POLICY:

We follow monthly, half yearly, annually, 2 yearly and 3 yearly billing cycles depending upon your selected plan.

Server bandwidth regulations:

A server with 100TB bandwidth may be suspended after reaching 100TB.

If usage recorded indicated over 100TB, then over usage will be charged at 50 Euro/TB which will be billed end of month.

We accept payments via PayPal only accepting payments using all major credit and debit cards and all the payment methods supported by PayPal.

For monthly services your subscription is automatically renewed unless we are notified about intent to cancel 5 days prior to the bill cycle date. The same could be done via e-mailing to tech@thinkglobalcollectlocal.com.

Monthly or any other invoices where your bill cycle is nearing to an end. An invoice will be issued via e-mail 10- 14 days prior to the payment due date.

We send Payment Reminder Emails to all customers 3- 5 days prior to the payment attempt. Our customers need to ensure that ample funds are available at the debit date otherwise, a non payment charge of 5 Euros will be applicable.

TGCL will issue you the following reminders before your services will get suspended and terminated. TGCL will not be held responsible for any data loss due to termination of account due to non payment.

First Overdue Reminder : 1 day after the invoice due date

Second Overdue Reminder : 2 days after the invoice due date

If the overdue amount is not cleared within 48 hours after the Second Overdue reminder the account will be suspended {Customer can contact tech@thinkglobalcollectlocal.com or create a support ticket (know more on how to create support ticket here) with a proof of payment to get services reactivated during these 48 hour window on an agreement of an additional penalty of 5 Euros late payment fees and 5 Euros for reactivation charge.} After the lapse of these 48 hours (after account suspension) All customer’s data will be deleted and records will be wiped from our files.

Customer will require to place a new order again for any services they require to obtain from TGCL.

 

 

  1. REFUND POLICY:

Policy related to refund and money back guarantee can be found here.

 

 

  1. ABUSE AND BANNED SCRIPT POLICY:

The following fall under our restricted category list as they are known for either illegal / harmful / malicious / increase server loads etc.

  1. IRC egg drops/Scripts/Bots
  2. Game Servers
  3. Proxy Servers/Scripts
  4. Mail bombers
  5. Anonymous mailers
  6. IP and Port spoofs/ Scanners
  7. Hive mail/Mailer Pro
  8. Telnet or SSH Access Scripts
  9. proxy scripts
  10. UBB (Ultimate Bulletin Board, all versions)
  11. lstmrge.cgi
  12. PHP/CGI Shells or Hacking Tools
  13. FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed
  14. Pirated Software
  15. Image Hosting Scripts (e.g. similar to Photo bucket or Tiny pic)
  16. Auto Surf/PTC/PTS/PPC sites
  17. Brute force Programs/Scripts/Applications
  18. Mail Bombers/Spam Scripts
  19. Banner-Ad services (commercial banner ad rotation)
  20. File Dump/Mirror Scripts (similar to rapid share)
  21. Commercial Audio Streaming (more than one or two streams)
  22. Escrow/Bank Debentures
  23. High-Yield Interest Programs (HYIP) or Related Sites
  24. Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange,, MLM/Pyramid Scheme)
  25. Sale of any controlled substance without prior proof of appropriate permit(s)
  26. Prime Banks Programs
  27. Lottery/Gambling Sites
  28. MUDs/RPGs/PBBGs
  29. Hacker focused sites/archives/programs
  30. Sites promoting illegal activities
  31. Fraudulent/Phishing Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  32. Broadcast or Streaming of Live Sporting or Copyrighted Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  33. Child pornography
  34. Any scripts that sends unsolicited/Junk/spam emails

All services provided by TGCL shall be used for legal activities only. Transmission, storage, or presentation of any information, data or material in violation with jurisdiction of any Country, State or City is prohibited. This includes copyrighted content, content we determine to be threatening, obscene or content protected by trade mark act or any and other judicial governance.

TGCL and its employees remain immune and indemnified from any such claims resulting from the use of the service which damages the reputation of customer or any other party involved.

Offending content or customers uploading any such script are dealt with severely and suspended from our network without any notice. They have the option of presenting any evidence or conformity of their innocence in the respective matter. This shall be sent to tech@thinkglobalcollectlocal.com within 48 hours of suspension of their accounts (penalty for negligence in such actions could be up to 50 Euros). The sole decision in such matter will be at the discretion of TGCL management team.

Any damages resulting from any interruption of service are difficult to ascertain. Therefore, customer agrees that TGCL will not be liable for any damages arising from such incidents outside the purview of its control.

 

  1. DDoS OR OTHER ATTACKS:

Our Services, do not come bundled with protection from DDoS or other online attacks. Customers are responsible for their own VPS/server security and protection against any such attacks. The following measures will be enforced in case of an incoming or outgoing attack is discovered via a  VPS/Server:

INCOMING ATTACK

1st Incident : IP will be null-routed for 24 hours or more and it can be reactivated if we determine that the attack has stopped.

2nd Incident: Customer account termination due to frequent attacks on the services offered by the customer.

OUTGOING ATTACK

We do not allow such activities on our network like DDoS/other Attacks, port scanning, hacking etc.

Any such activities discovered will result in immediate suspension and termination of services permanently.

 

  1. SERVICE SUSPENSION AND REACTIVATION

Customer abusing resources or violating Term Of Service  or Fair Use Policy will be suspended immediately and will be charged between Euros 5 to Euros 50 as a re-activation Fees depending on type of abuse and previous number of suspensions for that customer. All such accounts will be re-activated only after receipt of reactivation charges.

TGCL and it management reserves the right to deny any request for re-activation.

TGCL reserves the right to terminate a client’s account without his prior permission or without contacting him for severe issues like multiple server abuse instances, multiple customer’s account suspension due to breach of terms of service, fair use policy or non payment.

 

  1. PROFANE/ ABUSIVE CUSTOMERS

TGCL will suspend or terminate services for any customer who ventures outside the boundaries of professionalism. No customer, under any circumstances shall use any profanities. Any words/comments/ phrases or slang used verbally or in correspondence, which is considered to be racist or humiliating to any one’s cast, creed or colour will be followed by zero tolerance and result in immediate termination of the customer’s account. Customer details will be flagged to avoid any further business or contact with such customers.

 

  1. LIMITATION OF LIABILITY

TGCL cannot be held accountable for any damages under pretext of incidental and consequential damages, which may arise from TGCL servers going off-line or being unavailable for any reason and corruption or deletion of any web site from our servers.  All damages shall be limited to the immediate termination of service.

 

  1. BACK UP AND DATA LOSS

We don’t provide any kind of backup service except for the 2 hourly backup bolt on which can be added to only specific hosting plans. Customer must take their own backup. TGCL is not responsible for files and/or data loss from your account caused due to any reason.

 

  1. TERM AND TERMINATION

TGCL provides certain services for free or at a heavily competitive price and reserves a right to terminate all its service with a 30 day notice period to all its customers. In such case, money charged for fixed period plan will be calculated on a pro-rata basis and will be refunded to the respective customers. However, user on a monthly plan will be able to complete their billing cycle and back up their data. In such instance, TGCL will issue 3 e- mail reminders notifying all customers about the applicable refund (not applicable for customer’s on monthly plan or completing their contract period) and data backup. Customer’s failing to comply will lose their data. TGCL will not be responsible for loss of data due to any negligence on customer’s part.

 

  1. PRICE CHANGE

TGCL reserves the right to review and revise the pricing policies at any time without notice. However, this will not take effect till your next bill cycle. (For e.g. Bill Cycle Date: 13th to 12th and a price change was introduced on the 13th itself. You will still be charged the same amount, you were paying until the 13th of subsequent month.)

 

  1. CHANGES TO TERMS OF SERVICES

TGCL reserves the right to review and revise the Terms Of Service at any time without notice.

 

  1. FAIR USE POLICY

All of Our Services are subject to a fair use policy which can be found here.

 

  1. MISCELLANEOUS

Customer acknowledges that TGCL’s liability for any unexpected down time or negligence may not in any event exceed an amount equivalent to charges payable by customer for the duration services were not available or down. In no event shall the company be liable for any special or consequential damages or loss.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software, harassment, fraud, hacking and trafficking in unsolicited material are not allowed on our network. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or fair use policy violation are not refunded under any circumstances.

 

  1. DISCLAIMER AND AGREEMENT

TGCL under no circumstances can be held liable for system downtime, crashes or data loss. We cannot be held liable for any predicted estimate of profits which a customer could have gained if their site was functioning.

Certain services provided by TGCL are resold by its reseller and affiliates in same or modified state. TGCL bears no liability or guarantee of any sort for the customer using one or more of TGCL services through any of our resellers or affiliates. Resellers or affiliates have complete control over managing their own services. Any dispute in relation with a service procured by a reseller or affiliate will be owned and settled by the respective reseller or affiliate and TGCL will remain completely immune and indemnified.

 

Equipment, routing are procured from our partners against a fee and software or programs used by TGCL are free or procured under an Open GPL license. TGCL holds no responsibility or offers no guarantee or warranty against their usage. If any clauses mentioned in this document are not adhered to, the account in question will be deactivated without notice. TGCL reserve the right to remove any account without advance notice for any reason without compensation.

 

This Agreement is governed by the Indian laws and jurisdiction, without giving effect to any applicable conflict of laws and provisions.

 

We encourage our customers to go through the terms of service before signing up for any subscriptions. In case of disagreement with any of the aforementioned terms and conditions  after sign up, customers can request immediate termination of their account, however, no refunds will be processed.

 

By subscribing for any of our services, you agree to all our Terms of Service. If you disagree with any of the terms stated in this document, please bring it to our notice so we can review our terms from time to time and make amends to make our services more customer friendly.