Terms of Services

1. Introduction

Welcome to BIGBANG ITS FZE. These Terms of Service govern your access to and use of our services, including shared hosting, VPS hosting, dedicated hosting, reseller hosting, 3CX VOIP, digital marketing services, web and mobile application development, domain sales, SSL certificates, VPN and business email services. By using our services, you agree to be bound by these Terms.

2. Eligibility

• Age Requirement: You must be at least 18 years old to use our services. By accessing our services, you represent and warrant that you meet this age requirement.
• Account Registration: To use certain services, you must create an account. You agree to provide accurate, complete, and up-to-date information during registration and to keep your account information current.

3. Use of Services

• Permitted Use: You may use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services in any way that violates any applicable laws or regulations.
• Prohibited Activities: You agree not to:
  • Engage in any activity that is illegal, harmful, or fraudulent.
  • Distribute malware, spam, or any other harmful or unauthorized content.
  • Attempt to gain unauthorized access to our systems or other users’ accounts.
  • Interfere with or disrupt the integrity or performance of our services.
• Service Limitations: We reserve the right to impose limits on the use of our services, including bandwidth, storage, and other resources, to ensure fair usage by all customers.

4. Account Security

• Responsibility: You are responsible for maintaining the security of your account and any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.
• Password Protection: You must protect your account password and should not share it with anyone. We are not liable for any loss or damage resulting from your failure to comply with this obligation.

5. Payment and Fees

• Service Fees: You agree to pay all fees associated with the services you select, as specified during the order process. Fees are due in advance and are non-refundable, as set out in our Refund Policy.
• Billing Cycle: Services are billed on a recurring basis according to the billing cycle you choose (monthly, annually, etc.). You authorize us to charge your payment method on a recurring basis until you cancel the service.
• Late Payments: If your payment is overdue, we may suspend or terminate your service until the outstanding balance is paid. Late payments may also incur additional fees.

6. Service Suspension and Termination

• Suspension: We may suspend your access to our services if you violate these Terms, fail to make timely payments, or engage in activities that threaten the security or performance of our services.
• Termination: We may terminate your account and access to our services if:
  • You violate these Terms.
  • You fail to make payment within the specified time.
  • We are required to do so by law.
• Effect of Termination: Upon termination, your account will be deactivated, and all data associated with your account may be deleted. You are responsible for backing up your data before termination.

7. Intellectual Property and Customer Content

• Ownership: All content, software, and intellectual property used in providing our services are owned by BIGBANG ITS FZE or our licensors. You do not acquire any ownership rights to the content or software.
• License: We grant you a limited, non-exclusive, non-transferable license to use our services for the duration of your subscription. This license does not permit you to modify, distribute, or create derivative works based on our services.
• Customer content: “Customer content” means everything you or your users publish, store, send or transmit through any of our services, including websites and files we host, email and messages, recordings, databases, and any text, image, logo or design you give us to build, design, print or publish for you.
• Our role: We provide the service that carries customer content. We do not create, select, review or approve it, and carrying it does not make us its publisher, its owner or a party to your activities.
• Your responsibility: You alone are responsible, legally and in every other respect, for customer content, including anything copied, adapted or taken from any other person or source.
• Rights you confirm: By using our services for any material you confirm that you own it or hold every licence, permission and consent its use requires, and that it does not infringe anyone’s copyright, trademark, design, privacy or other right, or breach any law that applies to you or to us.
• No liability for customer content: To the fullest extent the law allows, we are not liable to you or to any third party for customer content or for your activities, including claims of copyright or trademark infringement, copying of content, defamation or unlawful trading. Any such claim is a matter between you and the person making it, and the indemnity in section 9 covers what we incur because of it, including fines and reasonable legal costs.
• Complaints and removal: Anyone who believes that customer content infringes their rights may report it to info@its.ae, identifying the material and its address, the right they hold and how to reach them. We pass the complaint on to the customer concerned. Where it appears well founded, or where a court or competent authority requires it, we may remove or disable the material or suspend the service under section 6, telling you first where the law and the urgency allow, and we are not liable to you for acting in good faith.
• Repeated infringement: We may end the services of a customer who is the subject of repeated well-founded complaints.
• Disclosure: We disclose a customer’s details to a third party only where a court or competent authority lawfully requires it.

8. Third-Party Services

• Integration: Our services may integrate with or provide access to third-party services. We do not control these third-party services and are not responsible for their content, performance, or compliance with applicable laws.
• Use of Third-Party Services: Your use of third-party services is subject to the terms and conditions of those third parties. We encourage you to review those terms before using third-party services through our platform.

9. Warranties and Disclaimers

• No Warranty: Our services are provided “as is” and “as available” without any warranties of any kind, express or implied. We do not warrant that our services will be uninterrupted, error-free, or secure.
• Limitation of Liability: To the fullest extent permitted by law, BIGBANG ITS FZE will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising out of or in connection with these Terms or your use of our services.
• Indemnification: You agree to indemnify, defend, and hold harmless BIGBANG ITS FZE, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of your use of our services or violation of these Terms.

10. Data Privacy

• Privacy Policy: Our use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. The legal bases on which we process your personal information, and the choices you have — including the consent we ask for before any measurement or advertising tool runs — are set out in that policy.

11. Governing Law and Dispute Resolution

• Governing Law: These Terms are governed by and construed in accordance with the laws of UAE, without regard to its conflict of laws principles.
• Dispute Resolution: The courts of the Emirate of Sharjah, United Arab Emirates, have exclusive jurisdiction over any dispute arising out of or relating to these Terms or our services that cannot first be resolved amicably. You waive any right to a trial by jury or to participate in a class action.

12. Changes to These Terms

• Modifications: We may update or modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services after any changes constitutes your acceptance of the revised Terms.

13. Miscellaneous

• Entire Agreement: These Terms, along with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and BIGBANG ITS FZE and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14. Payments in Cryptocurrency

1. Scope and processor: we accept certain cryptocurrencies to settle invoices issued through our billing portal. Payments are handled by an independent third-party processor. We do not operate a wallet on your behalf, do not custody your assets, and provide no exchange, brokerage, custody or investment service. Paying in cryptocurrency also means accepting the processor’s own terms and privacy policy.
2. Currency of the contract: all prices and invoices are denominated and payable in United States Dollars. The amount of cryptocurrency is calculated by the processor at the rate applicable when the payment is created and is valid only for the payment window shown. You bear all risk of price movement. An invoice is discharged only to the extent of the USD value actually received and confirmed.
3. Network and processing fees: all blockchain, processor, exchange and wallet fees are borne by you. Send the full amount displayed so that the amount received equals the invoice total; fees deducted from the transfer do not reduce your obligation.
4. Payment window: a payment request is valid only for the period shown. Funds sent after expiry, to an address from an expired request, or to a re-used address may be delayed, unmatched or irrecoverable. If a payment expires, create a new one from the portal.
5. Underpayment and overpayment: if less than the invoice total is received, the invoice stays unpaid until the difference arrives, and the short amount may at our discretion be held as credit on your account. Any excess is applied as credit for future invoices and is not returned in cash or cryptocurrency.
6. Transfer errors: you are solely responsible for sending the correct asset, on the correct network, to the address displayed at the time of payment. An unsupported asset, the wrong network, a missing or incorrect memo or tag, or an outdated address are frequently irreversible and may be permanently lost. We have no obligation to recover such funds; where recovery is technically possible we may attempt it at our discretion, at your cost and with no guarantee of success.
7. Confirmation and activation: a payment counts as received only once the processor confirms it and the required blockchain confirmations are reached. Services, renewals, domain registrations and upgrades are activated only after that. We are not liable for delays caused by network congestion, outages, processor downtime or your wallet provider.
8. Finality; no chargebacks: cryptocurrency payments are final and irreversible, with no chargeback or reversal mechanism comparable to cards. Any claim must be raised through a support ticket within seven (7) days of the transfer, quoting the transaction hash, the invoice number and the sending address. After that period the payment is deemed accepted as correct.
9. Refunds: our Refund Policy applies to cryptocurrency payments exactly as to any other method, and all sales are final once a service has been purchased, activated or delivered. Where a refund is required by mandatory law, it is issued as credit on your account by default. If paid out externally it is sent only to the same wallet address, asset and network from which the payment came, calculated on the USD value at the rate applicable on the day the refund is processed, less all network and processing fees. We do not refund to a different wallet, a different asset, a bank account or a card, and we do not compensate for market movement.
10. Compliance and source of funds: you confirm that the funds are lawfully obtained, belong to you, and are not sent on behalf of any sanctioned person or entity. Payments are screened for money laundering and sanctions by us and by the processor. We may request identification or proof of source of funds before releasing a service, and may refuse, hold, reverse where possible, or report any payment flagged as high risk, including funds linked to mixers, darknet markets, sanctioned jurisdictions or stolen assets. Such a refusal gives no right to compensation and the invoice remains due by another method.
11. Taxes: you remain solely responsible for any tax, reporting or accounting consequence of using cryptocurrency, including any gain or loss on the assets you transfer.
12. Availability: we may suspend, limit or withdraw cryptocurrency as a payment method, or stop supporting a particular asset or network, at any time and without notice. Confirmed payments are unaffected.
13. Records: our billing records and the processor’s transaction records, together with the transaction hash, are the evidence of payment. Where your wallet’s display and the amount confirmed to us differ, the confirmed amount prevails.
14. Relationship to other terms: this section supplements these Terms, the Refund Policy and the Acceptable Use Policy, and prevails on matters specific to cryptocurrency payments. Nothing in it limits any right you have under mandatory consumer protection law.

15. Contact Information

If you have any questions about these Terms, please contact us at: info@its.ae