Terms and conditions2019-07-14T15:56:03+00:00

LEGAL TERMS AND CONDITIONS

By accessing or using the Website or purchasing the Online Service(s) You agree to comply with and be legally bound by these legal terms and conditions (hereinafter referred to as “Agreement”) and all Policies. The Agreement constitutes a binding legal Agreement between You and LDC.

By accessing or using the Website or purchasing the Online Service(s) shall be deemed as an acceptance of the Agreement and the Policies. In the event You disagree with this Agreement and Policies, You are advised to stop accessing or using the Website or purchasing any of the Online Service(s).

The Agreement may be subjected to changes from time to time and such changes shall be effective upon posting such changes on the Website, and accordingly You are advised to refer back to the Agreement from time to time. LDC may notify You by the occurrence of the changes made to the Agreement upon You create an account on the Website. LDC disclaims any liability in the event You shall not receive LDC’s notice.

In the event You disagree to such changes Your sole remedy is to stop accessing and using the Website.  Your continuous access and use to the Website, and the Online Service(s) shall be deemed as an acceptance of such changes.

In the agreement the following words shall mean the following meanings:

Additions: mean any feedback, invention, improvement, suggestions, ideas, comments, recommendations or posts developed by You on the Website or on Your account.

Agreed Term: means the period of purchasing the Online Service(s) as set forth in the article (8) of this Agreement.

LDC: means Link Datacenter for Data Exchange L.L.C.

Contact Information: mean all information provided from Your side and identify You.

Effective Date: means the activation date of the purchased Online Service(s).

Inappropriate Content: means unlawful data, obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, and blasphemous content.

Migration: means the process of transitioning or shifting Your data from an Online Service to another Online Service or to a third party.

Online Service: means the service(s) that You purchase from the Website which are as follow:

  • Hosting solution “virtual dedicated hosting” (including fully management service, os management service, un-management service)
  • Shared hosting
  • Security portal “SSL”
  • Mail services
  • Domain name

LDC’s Premises: means the address of LDC located at 94, 105 Street, Hadayak El Maadi, Cairo, Egypt.

Policies: means all the rules, terms and regulations issued by LDC and posted on the Website, including privacy policy and intellectual property rights policy.

– Spam: means unsolicited, undesired, or illegal email messages.

Website: means “www.linkdatacenter.net

Working Day: means from Sunday to Thursday unless official holidays as per Egyptian calendar.

Your Content: means all data, documents, images or videos that You provide in order to be hosted\inserted on the Online Service(s).

You: means the person, firm or company who access, use the Website or purchase any of the Online Service(s) (hereinafter referred to as “You” or “Your”).

1. Registration

1.1 In order to create an account on the Website, You will need to provide Your Contact Information in order to complete the online registration form.

1.2. Upon You create Your account on the Website, You shall be able to purchase the Online Service(s).

2. Website and Online Services

2.1 LDC shall use its highest professional standards in order to provide You with the Online Service(s) twenty-four hours a day and seven days a week.

2.2 LDC shall not be liable towards You in respect of any failure or delay to perform any of its obligations under the Agreement or any of its Policies due to: (i)  inaccessibility of the Website or Online Service(s) as a result of  including with no limitation equipment malfunctions; application errors; infrastructure outage; repairs or replacements that LDC undertake from time to time; routine or emergency maintenance; or Your failure to execute a milestone required to access any of the Online Service(s) (ii) force majeure that include with no limitation cut of electricity or communication, hacking,  war, riots, civil commotion, fire, severe weather conditions, strikes, or terrorist attacks.

2.3 In respect of any reasons other than the aforementioned reasons on sub-article (2.2), LDC shall be liable to compensate You as follow, in respect of shared hosting, mail services and hosting solution “Virtual dedicated hosting”.

Online Service(s) Availability

Credit

99.7 to 100% 0
99.2 to 99.7% 3 days

3. Representations and Warranties

3.1 In the event (i) You are representing yourself; or (ii) You are representing a third party, either corporate person or natural person, You hereby represent and warrant to LDC that:

3.1.1 You are not less than 18 years old. In the event You are representing a third party, You must be the authorized representative to bind such third party by the Agreement, unless otherwise You shall be fully liable of any consequences that may arise from such misrepresentation.

3.1.2 In respect to the Website and Online Service, You hereby represent and warrant that (i) the Agreement constitute legal valid and binding obligations between You and LDC; (ii) You shall not use the Website and\or Online Service(s) to send to third party any Spam or virus; (iii) You shall not have an unauthorized access to any account owned by a third party, to any of the Online Service(s) other than the Online Service(s) that You have purchased from the Website, or to any other part in the Website that You are not authorized to access; (iv) You shall use the Online Service(s) that You have purchased solely for Your own use and You shall not resell or rent such Online Services(s) to any third party; (v) You shall not use the Online Service(s) in connection with any unlawful, illegal, fraudulent activity; (vi) You shall notify LDC immediately of any unauthorized access or use to Your account  using Ticketing system  “client area → support Ticket → new Ticket →Select Sales Queue” ;(vii) You are responsible of the privacy of Your password and the security of Your account.

3.1.3 In respect to the Contact Information and Your Content, You hereby represent and warranty that (i) the Agreement constitute a legal and binging obligations between You and LDC; (ii) You have  all necessary rights, title, power and authority to own, operate,  use or provide Contact Information and Your Content; (iii) Contact Information are true, accurate and You are not misrepresenting or impersonating Contact Information; (iv) Your Content shall not violate Law, Agreement and Polices; (v) Your Content shall not contain any Inappropriate Content; (vi) Your Content shall not constitute an infringement of any applicable laws, regulations, LDC’s intellectual property rights or any third party’s rights; (vii) You shall notify LDC immediately  in the event of any changes to the Contact Information on onlinesales@linkdatacenter.net

3.2 LDC reserves the right, at any time at its sole discretion, to suspend or delete Your account and Your access to the Online Service(s) in the event (i) You shall not comply with any provision of this Agreement and Policies; (iii) a valid order issued by a governmental, security or judicial authority; (iv) of protecting Our interest, (v) LDC believe that Your account is transmitting to LDC a Spam or virus, or (ii) You are using the Website or the Online Service(s) to send third party a Spam or virus.

3.3 LDC reserves the right to provide Your Content and Contact Information to any governmental, security or judicial authority, if requested.

4. The Website

4.1 It is not allowed to insert the Website’s link on Your website or on any third party’s website unless after LDC’s prior written consent. LDC doesn’t assume any liability relating to Your website or any third party’s website where the Website’s link is inserted, and such insertion doesn’t mean that LDC endorses Your website or third party’s website.

4.2 You are not allowed to use the Website’s link in order to (i) harm LDC’s reputation; (iii) use it in any advertising or publicity without LDC’s prior written consent; (iv) misrepresent LDC’s relationship with You.

4.3 In order to get LDC’s prior written consent, You are recommended to send an e-mail at info@linkdatacenter.net, providing the following required information, and LDC shall respond within 10 Working Days. LDC are not under any obligation to respond.

4.3.1 Your exact name, capacity, telephone, e-mail address and location (City/Country).

4.3.2 Explaining Your reason to insert the Website’s link on Your website or on any third party’s website.

4.3.3 Specifying the timeframe of using the Website’s link, the name of the website where the Website’s link shall be used.

4.4 LDC reserves the right to cancel, at any time, its consent related to the insertion of the Website’s link on Your website or third party’s website after sending You a prior notice.

5. Third Party’s Website

5.1 In the event the Website contain links of third party’s website, LDC doesn’t assume any liability related to Your access or use for such third party’s websites. Such third party’s website is independent website and its existence on the Website doesn’t mean that LDC endorses or encourages You to open it.

5.2 LDC reserves the right, at any time at its sole discretion, to remove such link of third party’s website from the Website.

6. Additions

6.1 LDC reserves the right at any time, at its sole discretion, to remove or modify such Additions at any time.

6.2 You grants LDC the right to use the Additions for LDC’s interest and to improve the Online Service, and such use will be free of charge.

7. Migration

7.1 The Migration process shall not apply on (i) Security Portal “SSL” and (ii) Domain Name.

7.2 The Migration process shall apply on (i) the hosting solution “Virtual dedicated hosting”, (ii) Shared Hosting, and (iii) Mail Services.

7.2.1 In the event of shifting to another package of Your same Online Service or to a another Online Service, LDC will be responsible to Migrate Your Content and data.

7.2.2 In the event of termination this Agreement, it is Your responsibility to take all necessary steps to migrate Your Content and data within a maximum period of 24 hours as of the end of the Agreed Term.

7.3 In the event LDC shall entirely cease to provide any of the Online Service(s) that You have purchased before the end of the Agreed Term, LDC will either offer You (i) a new package of such Online Service or (ii) another Online Service, to migrate to for the remaining period of the Agreed Term. In such case, LDC shall decide, at its sole discretion, either the payment shall be a prorated in-store credit without any payment increase, or a prorated refund as per article (10).

7.4 LDC may migrate You to the most up-to-date version of the Online Service(s) that You have purchased without notifying You, if available. You agree to take full responsibility for any and all loss or damage arising from such Migration.

8.Term and Termination

8.1.The Agreed Term shall be as follow:

8.1.1 In respect of the domain name and security portal “SSL”, the Agreed Term shall start as of the Effective Date and shall continue for one year, two years or three years.

8.1.2 In respect of shared hosting, mail services, the Agreed Term shall start as of the Effective Date and shall continue for one year.

8.1.3 In respect of hosting solution “Virtual dedicated hosting”, the Agreed Term shall start as of the Effective Date and shall continue for a quarter of year, half of year or a full year.

8.2 Upon You pay the due charge of the Online Service(s), LDC shall notify You by the Effective Date of the Online Service(s) and all the required information about such Online Service(s).

8.3 In respect of the domain name and security portal “SSL”, before the end of the Agreed Term, LDC shall send You a reminder notification under the form of an invoice for the renewal term through Your e-mail as per the following dates:

– At first, LDC shall send You a reminder notification 14 days before the end of the Agreed Term.

– Then LDC shall send You a Reminder 7 days before the end of the Agreed Term.

8.3.1 In the event You shall not respond to the reminder notification, LDC reserves the right to suspend such Online Service(s) immediately, and the following steps shall occur:

8.3.1.1 In respect of the domain name, after the “end of the Agreed Term”, the domain name shall enter into the redemption period and LDC cannot assume neither after how many days it shall enter into redemption nor the duration of redemption.

(i)  During redemption, You can renew the term of the domain name but LDC cannot assume the fees of such renewal.

8.3.1.2 In respect of security portal “SSL”, after the end of the Agreed Term the security portal “SSL” shall terminate immediately.

8.4 In respect of the hosting solution “virtual dedicated hosting”, shared hosting, mail services, before the end of the Agreed Term, LDC shall send You a reminder notification under the form of an invoice for the renewal term through Your e-mail as per the following dates:

– At first, LDC shall send You a reminder notification 14 days before the end of the Agreed Term.

– Then LDC shall send You a reminder notification 7 days before the end of the Agreed Term.

– Then LDC shall send You a reminder notification 1 day after the end of the Agreed Term.

– Then LDC shall send You a reminder notification 3 days after the end of the Agreed Term.

– Then LDC shall send You a reminder notification 4 days after the end of the Agreed Term.

– Then LDC shall send You a reminder notification 5 days after the end of the Agreed Term.

8.4.1 In respect of the hosting solution “virtual dedicated hosting”, shared hosting, mail services, in the event You shall not respond to the aforementioned reminder notifications, LDC shall suspend such purchased Online Service(s) after 10 days as of the end of the Agreed Term, and after 60 days that come after the end of such 10 days the Online Service(s) shall be terminated.

8.4.2 You shall have the possibility to take a backup for all Your documents, data and Your Content that exist on such Online Service(s) during the Agreed Term and during the 10 days that come after the Agreed Term. During the 60 days that come after the aforementioned 10 days, You can take a backup in the event You shall renew the term of the Online Service(s). LDC reserves the right to destroy and delete all Your documents, data and Your Content upon such Online Service(s) is terminated.

8.5 You shall not have the right to terminate any of the Online Service(s) during the Agreed term. Solely in respect of the hosting solution “virtual dedicated hosting”, shared hosting, mail services, You shall have the right to terminate the aforementioned Online Service(s) within the first month as of the Effective Date if such Online Service(s) availability is less than 99.7%. In such case, You shall send a termination ticket on myldc.linkdatacenter.net/clientarea.php , and the termination shall be effective within 48 hours as of the sending date.

8.6 Termination or expiration of any of the Online Service(s) shall not affect any rights or liability accrued between You and LDC prior to the date of termination or expiration, and shall not affect any provision under this Agreement expressed to survive in the event of termination or expiration including with no limitation provision of indemnity and limitation of liability, confidentiality.

9. Payment Terms

9.1 In the event You are located inside Egypt, LDC shall issue the invoice in US Dollars, and You shall pay the charges in Egyptian pounds after converting the US Dollars to Egyptian pounds as per the date of payment of such charges at the official exchange rate as published by the Central Bank of Egypt. In the event You are located outside of Egypt, LDC shall issue the Invoice in US Dollars and the You shall pay the charges as per the invoice in US dollars.

9.2 You shall pay the charges of the Online Service(s) in advance by using any of the following means: (i) credit card, (ii) bank transfer, (iii) bank deposit or cash at LDC’s premises.

9.3 LDC reserves the right to increase the charges of the Online Service(s), and the new charges shall be effective upon it is posted on the Website. In the event You are renewing Your Agreed Term, the new charges of Online Service(s) shall be effective as of the renewal of Your Agreed Term.

9.4 In the event of renewing Your Agreed Term, the following will apply:

9.4.1 You will pay the renewal due charges related to the domain name and\or security portal “SSL” before the end of Your Agreed Term.

9.4.2 You will pay the renewal due charges related to the hosting solution “virtual dedicated hosting”, shared hosting, mail services, within sixty (60) days as of the date the reminder notification.

10. Refund Policy

10.1 The refund policy shall apply on the following cases:

10.1.1 As per sub-article (7.3) of this Agreement, in the event LDC ceases to provide the Online Service(s) before the end of the Agreed Term. LDC may offer at its sole and absolute discretion a prorated refund in respect of the remainder of the Agreed Term.

10.1.2 In the event You shall pay the charges of the Online Service(s) without providing all the required documents and data that LDC may need in order to provide You the Online Service(s).

10.2 In order to refund You the due charges, You are kindly requested to send a refund ticket on using Ticketing system “client area → support Ticket → new Ticket →Select Sales Queue”. Consequently, LDC shall start the refund processes within 48 hours as of receiving Your refund ticket.

11. Indemnity, Disclaimer and Limitation of Liability

11.1 You shall indemnify LDC against all direct and indirect damages, liabilities, claims, loss and expenses including with no limitation (cost of attorney) incurred by  LDC as a result of (i) Your  breach or infringement to this Agreement and Policies of the Website; (ii) Your breach or infringement to a third party’s rights; (iii) Your negligence; (iv)  Your provision for an Inappropriate Content or data; (v) any harm incurred by LDC due to Your account or Contact Information; (vi) any illegal activities occur on Your account.

11.2 LDC shall notify You in writing for the action or claim upon it is raised.

11.3 LDC shall not be liable to You, including with no limitation, : (i) for direct, damage, loss, claims or expenses in connection with this Agreement; (ii) for indirect, consequential, incidental, special damage, loss of profit, loss of revenue, loss of opportunity or expectations, whether in Agreement, tort or any other legal theory, in connection with this Agreement, even if the possibility was reasonably foreseeable;(iii) for any unauthorized access or use to Your account, Contact Information, Your Content or Online Service(s); (iv) for any virus, bugs or any program that can harm Your account, Contact Information, Your Content or Online Service(s); (v) for any Inappropriate Content or inaccurate Contact Information provided from Your side; (vi) for any third party conduct; (vii) for any permeant or temporary interruption of the Online Service(s), unless otherwise provided under this Agreement; (viii) for any damage incurred by You as a result of Your use or access to the Website; (ix) for all warranties, expressed or implied, including with no limitation any warranties of non-infringement, merchantability or fitness for particular purpose.

11.4 The maximum amount of LDC’s liability towards You or in connection with this Agreement shall not exceed the charges of the Online Service(s) that You have paid in the last two (2) months that come before the occurrence of liability.

12. Intellectual Property Rights

12.1 You shall not gain, by virtue of this Agreement, any rights owned by LDC.  Nothing in this Agreement shall be interpreted as an ownership transfer of any of LDC’s intellectual property right to You which shall remain LDC’s sole property. You are not allowed to use LDC’s intellectual property rights unless You get LDC’s prior written consent.

12.1.1 In order to get LDC’s prior written consent, You are requested to send a ticket as perwww.linkdatacenter.net/trademarksandcopyrightspolicy/ , and LDC are not under any obligation to respond to Your e-mail.

12.2 LDC retains all rights, titles and interest in and intellectual property rights of, whether registered or not, including with no limitation LDC’s trade name, trade mark, logo, slogan, copyrights, patents, know-how, servers, the Website that include with no limitation LDC’s domain name, source code, software, Online Service(s) and confidential information, artwork, designs, images and videos (hereinafter referred to as “Materials”).

12.3 You retain all rights, titles and interest in, and intellectual Property Rights of Your Contact Information, Your Content, Your Additions, Your domain name and all data provided from Your side on the Online Service(s) and Website.

12.4 LDC grants You a non-exclusive, non-transferable, non-sublicense and revocable license to access and use Your account and the Online Service(s). You shall have the right to use the Online Service(s) solely for Your own use and within the Agreed Term of the Online Service(s).

12.5 You are not allowed to modify, copy, resell, display, exploit or license to a third party Your account, the Online Service(s) or any content on the Website that doesn’t belong to You unless after LDC’s prior written consent.

12.6 You grants LDC a non-exclusive, irrevocable, royalty free, sublicense and transferable license to use, modify, remove, incorporate, transmit, display, publish any Additions added from Your side on the Website or on Your account.

13. Miscellaneous

13.1 You shall not assign Your account or\and Your purchased Online Service(s) to a third party or waive any of Your obligations indicated under this Agreement and\or the Policies unless after LDC’s prior written consent.

13.2 This Agreement shall be binding and endure to Your benefit and LDC’s benefit hereto and the authorized heirs, successors and assigns.

13.3 If any provision of the Agreement and\or the Policies is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Agreement and\or the Policies shall not be affected.

13.4 All notice shall be legally effective and enforced when it will be addressed as per the following addresses:

– LDC’s address: sending LDC a ticket through Your account.

– Your address: the e-mail address that You shall insert in the registration form (it is Your responsibility to ensure that Your email address and any other Contract Information that are provided to LDC is updated and correct). In the event of any changes, You shall notify LDC on onlinesales@linkdatacenter.net

13.5 The Agreement shall be governed, interpreted by and construed in accordance with the law of Arab Republic of Egypt. The Courts of Cairo shall be the sole competent courts to settle any disputes arising out with the Agreement.

13.6 This Agreement shall not create any joint venture or partnership agreement between both Parties. Each party is an independent party and neither party can represent the other party in front of a third party.

13.7 This Agreement, e-mails send from LDC to You as of the purchase of the Online Service(s) and Policies are considered the entire Agreement between You and LDC. The entire Agreement governs Your access and use to the Website, Online Service(s), and supersede all prior agreements, oral or written, relating to the subject matter hereof.  All conditions, warranties or other terms might be implied into the entire Agreement are hereby expressly excluded.