These Terms & Conditions govern the purchase and use of products and services provided through FairApex.com.

FairApex.com is owned and operated by Smart Information Technologies (Pvt) Limited, a company based in Islamabad, Pakistan (“FairApex”, “we”, “us” or “our”).

Please read these Terms & Conditions carefully before purchasing or using any of our services. By creating an account, placing an order, purchasing a service, or otherwise using FairApex services, you acknowledge that you have read, understood and agreed to be bound by these Terms & Conditions, together with any other policies or terms expressly incorporated into them.

If you do not agree to these Terms & Conditions, you should not purchase or use our services.

1. About Us

1.1

FairApex.com is operated by Smart Information Technologies (Pvt) Limited, Islamabad, Pakistan.

FairApex provides technology-related products and services, which may include, depending on the services available from time to time:

• Web hosting;

• Domain name registration and renewal;

• SSL certificates;

• Virtual private servers and related infrastructure;

• Email and related services;

• Website-related services;

• Software and third-party applications;

• Website security and related services; and

• Other digital products and services offered through FairApex.com.

1.2

Some services provided by FairApex may rely upon third-party infrastructure providers, registries, networks, software vendors, payment processors and other service providers. Where applicable, your use of such services may also be subject to the relevant third party’s terms, policies and technical requirements.

1.3

Nothing in these Terms & Conditions gives you any ownership interest in third-party infrastructure, systems, IP addresses, software, networks or other resources used to provide your services.

2. Your Status and Eligibility

2.1

By placing an order or using our services, you confirm that:

1. you are legally capable of entering into a binding agreement;

2. the information you provide to us is accurate, complete and current; and

3. you will keep your account and contact information up to date.

2.2

If you purchase or use our services on behalf of a company, organisation or other legal entity, you represent and warrant that you have authority to enter into the agreement on its behalf.

2.3

You are responsible for ensuring that your use of our services complies with all applicable laws, regulations and third-party requirements.

3. Account Registration and Security

3.1

Certain services require you to create an account with FairApex.

You must provide accurate and complete information when creating your account and must update that information when necessary.

3.2

You are responsible for maintaining the confidentiality of your account credentials, including your username, password and any authentication information.

3.3

You must not permit another person to use your account where doing so would compromise the security of your account or violate these Terms & Conditions.

3.4

You must promptly notify us if you believe that your account credentials have been compromised or that someone has obtained unauthorised access to your account.

3.5

You are responsible for activity carried out through your account unless you can demonstrate that such activity resulted from unauthorised access for which you were not responsible.

3.6

We may restrict, suspend or terminate an account where we reasonably believe that the account information is materially inaccurate, fraudulent, compromised or being used in violation of these Terms & Conditions.

4. Orders

4.1

You may place orders through FairApex.com after creating an account where an account is required for the relevant service.

4.2

Before submitting an order, you will generally be shown the service selected, applicable pricing and other relevant information. You are responsible for reviewing your order before submitting it.

4.3

An order submitted through our website constitutes a request to purchase the selected service. Submission of an order does not necessarily mean that we have accepted the order.

4.4

We may decline or cancel an order where, for example:

• the requested service is unavailable;

• the information provided is inaccurate or incomplete;

• payment cannot be authorised or verified;

• we reasonably suspect fraud or abuse;

• the requested domain name cannot be registered;

• the order conflicts with our policies or legal obligations; or

• circumstances outside our reasonable control prevent us from providing the service.

4.5

Where an order is declined before service activation, any payment already received will ordinarily be refunded using the applicable payment method, subject to any applicable payment-processing restrictions.

5. Formation of the Contract

5.1

A contract for a particular service is formed when FairApex accepts your order and confirms the relevant service.

5.2

Acceptance may be communicated electronically, including through email, your FairApex account, customer portal, order confirmation or activation of the relevant service.

5.3

The contract applies only to the services expressly accepted by FairApex.

5.4

We reserve the right to correct obvious pricing, description or technical errors before accepting an order.

6. Prices, Taxes and Payment

6.1

The applicable price for a service will normally be displayed on FairApex.com or within your customer account at the time of purchase.

6.2

Unless expressly stated otherwise, prices may exclude applicable government taxes, duties, levies or other charges that FairApex is legally required to collect.

6.3

You are responsible for paying all amounts due by the applicable payment deadline.

6.4

Where a recurring service is purchased, you authorise FairApex or its authorised payment processor to charge the applicable recurring amount using the payment method associated with your account, where such recurring billing is supported.

6.5

If a payment fails, is reversed, disputed or cannot be collected, we may suspend or restrict the affected service until the outstanding amount has been paid.

6.6

We may recover reasonable costs incurred as a result of unpaid amounts, failed payments, chargebacks or payment disputes, to the extent permitted by applicable law.

6.7

Prices may change from time to time. Where a price change affects an existing recurring service, we will provide reasonable notice where practicable before the revised price is charged.

6.8

If an obvious pricing error appears on our website, we reserve the right to correct the error. If the correct price is materially different from the price displayed, we may contact you for confirmation before proceeding with the order.

7. Hosting Services

7.1

Where you purchase hosting services from FairApex, we will use commercially reasonable efforts to provide the hosting service in accordance with the package and specifications applicable at the time of purchase.

7.2

Hosting services are subject to the technical limitations, resource allocations and fair-use requirements applicable to the selected package.

7.3

You must not use hosting services in a manner that materially interferes with the operation of our systems or adversely affects other customers, networks or service providers.

7.4

We may investigate resource usage, security issues or other technical matters where reasonably necessary to protect our infrastructure, customers or service providers.

7.5

Where necessary, we may temporarily restrict, suspend or migrate a service to protect the stability, security or performance of our systems.

7.6

Specific hosting features, storage allowances, bandwidth limits, email limits, CPU or other resource allocations are determined by the package purchased and may change as our service offerings evolve.

8. Service Availability

8.1

We aim to provide reliable services but do not guarantee that any service will always be available, uninterrupted, secure or completely error-free.

8.2

Service availability may be affected by:

• scheduled maintenance;

• emergency maintenance;

• network failures;

• failures of third-party providers;

• domain registry issues;

• hardware or software failures;

• cyberattacks;

• internet infrastructure failures;

• governmental or regulatory action; or

• events outside our reasonable control.

8.3

Where reasonably practicable, we will attempt to provide notice of planned maintenance that is expected to materially affect services.

9. Backups and Customer Data

9.1

You are solely responsible for maintaining appropriate and current backups of your websites, databases, email, files and other data.

9.2

Where FairApex or an upstream provider provides backup facilities, such facilities are intended as an additional convenience and should not be treated as your sole backup solution.

9.3

We do not guarantee that every backup will be complete, current, available or capable of restoring your data.

9.4

You should maintain independent copies of important data before cancelling, modifying, migrating or terminating a service.

9.5

To the extent permitted by law, FairApex will not be responsible for loss or corruption of customer data where such loss results from circumstances outside our reasonable control, customer actions, third-party actions, security incidents, software failures, configuration errors or failure by the customer to maintain independent backups.

10. Domain Names

10.1

Where FairApex provides domain registration or renewal services, we will submit registration or renewal requests to the applicable domain registrar or registry.

10.2

A domain name is not considered successfully registered until the relevant registry or registrar confirms the registration.

10.3

We do not guarantee that a requested domain name will be available or that a registry or registrar will accept a registration or renewal request.

10.4

Domain names are subject to the rules, policies and requirements of the applicable registry, registrar and other relevant authorities.

10.5

You are responsible for ensuring that the domain name you request does not unlawfully infringe another person’s rights.

10.6

You represent and warrant that you have the right and authority to register and use any domain name you request through FairApex.

10.7

We may refuse, suspend, transfer, lock or terminate a domain-related service where required by a registry, registrar, court, governmental authority, applicable policy or law, or where reasonably necessary to address fraud, abuse, security concerns or a dispute.

10.8

Domain renewal dates and renewal prices will be communicated through the applicable customer account or other available means.

10.9

You are responsible for ensuring that your domain remains renewed before its expiration date.

10.10

Failure to renew a domain on time may result in suspension, expiration, deletion, redemption fees, loss of the domain name or other consequences imposed by the applicable registry or registrar.

10.11

Where supported, we may attempt to automatically renew a domain using a payment method associated with your account. Automatic renewal is not a guarantee that a domain will successfully renew.

10.12

Once a domain has expired, recovery may be subject to additional fees, registry policies and availability.

11. Acceptable Use

11.1

You must use FairApex services lawfully and responsibly.

11.2

You must not use our services to:

• violate applicable law or regulation;

• infringe intellectual property or other rights;

• distribute malware, viruses or malicious code;

• conduct phishing, fraud or deceptive activities;

• gain unauthorised access to systems or accounts;

• interfere with networks or services;

• send unlawful or abusive bulk communications;

• host content that is unlawful;

• facilitate criminal activity;

• conduct attacks against computer systems or networks;

• operate services designed primarily to facilitate abuse or compromise of third-party systems; or

• otherwise misuse our infrastructure.

11.3

You are responsible for the content, applications, files, websites, communications and other material that you upload, transmit, store or make available through our services.

11.4

We may investigate suspected violations and may suspend or restrict services where reasonably necessary to protect our customers, infrastructure, third parties or legal interests.

11.5

Where appropriate, we may cooperate with lawful requests from competent authorities.

12. Support

12.1

FairApex provides customer support through the support channels made available for the relevant service.

12.2

Support availability and response times may vary depending on the service and support level purchased.

12.3

Unless expressly included in a purchased service, technical support does not include custom programming, development, third-party application troubleshooting or modification of customer-created code.

12.4

Where a problem originates from a third-party application, service provider, registrar or other external system, our assistance may be limited to reasonable troubleshooting and communication with the relevant provider.

13. Third-Party Services

13.1

Certain services may depend upon third-party providers, including hosting infrastructure providers, domain registries, software vendors, certificate authorities, networks, payment processors and other technology providers.

13.2

We do not control the operation of third-party services and cannot guarantee their availability, performance or continued operation.

13.3

Third-party services may be subject to separate terms, policies and requirements.

13.4

Where a third-party provider changes, suspends, withdraws or materially alters a service, FairApex may need to modify, migrate, suspend or discontinue the corresponding service.

13.5

Where reasonably practicable, we will attempt to provide an alternative or appropriate notice where a material change affects an existing service.

14. Intellectual Property

14.1

You retain your intellectual property rights in content, files, websites, data and other material that you lawfully own and provide through the services.

14.2

You grant FairApex a limited, non-exclusive, worldwide, royalty-free licence to store, process, transmit, reproduce and otherwise use your material only to the extent reasonably necessary to provide, maintain, secure and improve the services.

14.3

You represent and warrant that you have all rights, licences and permissions necessary for the material you upload or use through our services.

14.4

You must not use FairApex’s name, trademarks, branding, software, systems or other intellectual property without our prior written permission, except where expressly permitted by law.

14.5

FairApex and its licensors retain all rights, title and interest in our website, systems, software, trademarks, branding, documentation and service infrastructure.

15. Customer Indemnity

15.1

To the extent permitted by applicable law, you agree to indemnify and hold harmless FairApex, Smart Information Technologies (Pvt) Limited and their respective officers, employees, contractors and service providers from claims, losses, liabilities, damages, costs and reasonable expenses arising from:

• your unlawful use of the services;

• your breach of these Terms & Conditions;

• your violation of applicable law;

• your violation of another person’s rights;

• your content, website, applications or material; or

• your infringement or alleged infringement of intellectual property or other rights.

15.2

This clause does not require you to indemnify us to the extent that a claim results from our own liability that cannot lawfully be transferred to you.

16. Our Liability

16.1

We will provide our services with reasonable care and skill, subject to these Terms & Conditions and the nature of the service purchased.

16.2

We do not guarantee that the services will:

• meet every particular business requirement;

• be continuously available;

• be completely free of errors;

• be completely free of security incidents; or

• remain unchanged throughout the entire period of use.

16.3

To the maximum extent permitted by applicable law, FairApex will not be liable for indirect, incidental, special, consequential or economic losses, including loss of:

• profits;

• revenue;

• business;

• anticipated savings;

• contracts;

• goodwill;

• reputation;

• data;

• software; or

• business opportunities.

16.4

To the maximum extent permitted by applicable law, FairApex’s aggregate liability arising out of or relating to a particular service will not exceed the total amount actually paid by you to FairApex for that particular service during the 12 months immediately preceding the event giving rise to the claim.

16.5

The limitation in this section does not apply to liability that cannot lawfully be excluded or limited under applicable law, or to liability arising from fraud or other matters that the law does not permit us to exclude or limit.

16.6

You acknowledge that internet-based services involve risks outside our reasonable control and that you should maintain appropriate backups and, where appropriate, business interruption or other insurance.

17. Refunds and Cancellation

17.1

Refund eligibility depends on the particular service purchased, the applicable refund policy displayed at the time of purchase and any applicable law.

17.2

Unless expressly stated otherwise, fees for domain registrations, domain renewals, registry-related charges, certain third-party services, dedicated resources, VPS services, SSL certificates and other products that are non-refundable by their nature or by the relevant provider may not be refundable.

17.3

Where a promotional or money-back guarantee applies, the eligibility requirements, duration and exclusions of that guarantee will be stated on the relevant product or order page.

17.4

A refund, where approved, will ordinarily be issued using the original payment method where technically and legally possible.

17.5

Cancellation of a service does not automatically cancel amounts that became due before cancellation.

17.6

Unless otherwise stated, cancellation of a recurring service stops future renewal charges but does not necessarily entitle you to a refund for a partially used billing period.

17.7

Where you request cancellation, we may require confirmation through your FairApex account, support system or another authenticated method to prevent accidental deletion of services or data.

18. Suspension and Termination

18.1

We may suspend or restrict a service where reasonably necessary due to:

• non-payment;

• suspected fraud;

• security threats;

• abuse;

• violation of these Terms & Conditions;

• violation of our acceptable-use requirements;

• legal or regulatory requirements;

• action by a domain registry or third-party provider; or

• circumstances that materially threaten our systems or other customers.

18.2

Where reasonably practicable and legally permissible, we may provide notice before suspension. However, immediate suspension may occur where delay could cause harm, security risks, financial loss, legal exposure or disruption to other customers.

18.3

We may terminate a service or agreement where you materially breach these Terms & Conditions and fail to remedy the breach within a reasonable period after notice, where a remedy is possible.

18.4

We may also terminate or discontinue a service where required by law, a third-party provider, registry policy or circumstances outside our reasonable control.

18.5

Termination does not eliminate amounts that became due before termination.

19. Data Following Cancellation or Termination

19.1

When a service is cancelled or terminated, access to the associated data may cease immediately or at the end of the applicable service period.

19.2

Following cancellation or termination, customer data may be deleted after the applicable retention period or according to our operational and legal requirements.

19.3

You are responsible for downloading and retaining any data you wish to keep before cancellation or termination.

19.4

We are not responsible for restoring data after it has been permanently deleted in accordance with our policies.

20. Electronic Communications

20.1

You agree that we may communicate with you electronically using the email address, telephone number, customer portal or other contact information associated with your account.

20.2

Electronic communications may include:

• order confirmations;

• invoices;

• payment notices;

• renewal reminders;

• service notifications;

• security notices;

• maintenance announcements;

• policy updates; and

• other communications relating to your account or services.

20.3

You are responsible for maintaining access to the email address associated with your account and ensuring that our communications are not incorrectly filtered as spam.

20.4

Where applicable law recognises electronic communications and records, you agree that electronic records and communications may be used as evidence of transactions and communications between you and FairApex.

21. Notices

21.1

You may contact FairApex through the contact or support channels made available on FairApex.com.

21.2

We may send notices to the email address or other contact information associated with your account.

21.3

You are responsible for keeping your contact information current.

22. Events Outside Our Control

22.1

We will not be responsible for failure or delay in performing our obligations where the failure or delay results from circumstances outside our reasonable control.

22.2

Such circumstances may include, without limitation:

• natural disasters;

• floods;

• fires;

• earthquakes;

• epidemics or pandemics;

• war;

• civil unrest;

• governmental action;

• regulatory restrictions;

• strikes or industrial disputes;

• telecommunications failures;

• internet infrastructure failures;

• power failures;

• cyberattacks;

• distributed denial-of-service attacks;

• failures of upstream providers;

• domain registry failures;

• hardware or software failures outside our reasonable control; or

• other events that could not reasonably have been prevented or overcome.

22.3

Where such an event occurs, our obligations may be suspended for the period reasonably affected by the event.

23. Changes to Services

23.1

We may modify, replace, upgrade, discontinue or otherwise change features of our services from time to time.

23.2

Where a change materially affects an existing paid service, we will use reasonable efforts to provide appropriate notice where practicable.

23.3

We may make immediate changes where required for security, legal, regulatory, technical or operational reasons.

24. Changes to These Terms

24.1

We may update these Terms & Conditions from time to time.

24.2

The latest version will be published on FairApex.com and will identify the date on which it was last updated.

24.3

Where appropriate, we may notify customers of material changes through email, the customer portal or other reasonable means.

24.4

Your continued use of the services after the effective date of updated terms constitutes acceptance of the updated terms, to the extent permitted by applicable law.

24.5

Where a change materially affects your existing contractual rights and applicable law requires a different method of notice or consent, we will comply with that requirement.

25. Assignment

25.1

You may not assign or transfer your agreement with FairApex or your rights under it without our prior written consent, except where such transfer is permitted by applicable law.

25.2

We may assign, transfer, subcontract or otherwise arrange for the performance of our rights and obligations under these Terms & Conditions as part of a business transfer, restructuring, service arrangement or use of service providers, subject to applicable law.

26. No Waiver

26.1

If we do not immediately enforce a provision of these Terms & Conditions, that does not mean that we have waived our right to enforce that provision later.

26.2

Any waiver must be expressly communicated by us and will apply only to the specific matter for which it was given.

27. Severability

27.1

If any provision of these Terms & Conditions is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or, where necessary, treated as severed from these Terms & Conditions.

27.2

The remaining provisions will continue to apply to the fullest extent permitted by law.

28. Entire Agreement

28.1

These Terms & Conditions, together with any applicable service-specific terms, policies, order details and other documents expressly incorporated by reference, constitute the agreement between you and FairApex concerning the relevant services.

28.2

They supersede prior understandings or communications concerning the same subject matter, except where expressly stated otherwise.

28.3

Nothing in this section excludes liability or rights that cannot lawfully be excluded.

29. Governing Law and Jurisdiction

29.1

These Terms & Conditions and the relationship between you and FairApex shall be governed by the applicable laws of the Islamic Republic of Pakistan, subject to any mandatory legal rights or protections that apply to you.

29.2

Subject to applicable law, disputes arising out of or relating to these Terms & Conditions or the services provided by FairApex shall be subject to the jurisdiction of the competent courts in Islamabad, Pakistan.

29.3

Nothing in this section prevents a party from seeking urgent or interim relief from a court having appropriate jurisdiction where permitted by law.

30. Contact Information

FairApex

Owned and operated by:

Smart Information Technologies (Pvt) Limited
Emirates Tower, 2nd Floor, F-7 Markaz, Islamabad, Pakistan

Website: FairApex.com

For support or other enquiries, please use the contact and support channels provided on FairApex.com.

By creating an account, placing an order, purchasing a service or using FairApex services, you acknowledge that you have read and agreed to these Terms & Conditions.