Please Read This Terms of Service Agreement Carefully, As It Contains Important Information Regarding Your Legal Rights and Remedies.
Nvaio (hereinafter referred to as "Parent") AND you (hereinafter referred to as "Customer")
HAVE
entered into effective from February 20, 2018 this " General PRODUCT AGREEMENT "
WHEREAS Parent provides Web hosting related products and Domain Registration Services;
WHEREAS the Customer wishes to place an Order for Web hosting related products, and Domain registration services through the Parent;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognises that the Hosting Order is a shared hosting service, and that the Parent has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase Parent learns of a possibility of breach or violation of this Agreement which Parent in its sole discretion determines to be appropriate, or to protect the integrity and stability of the Parent Products and the OrderBox, or to avoid any liability, civil or criminal, on the part of Parent and/or Service Providers, or for any other appropriate reason. The Customer agrees that Parent and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Parent and Service Providers, are not liable for loss or damages that may result from any of the above.
Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below -
A. General Terms
(1) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
(2) Use over 25% of system resources, including limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(4) Run any type of web spiders or indexers.
(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(7) Participate in any P2P or file-sharing networks.
(8) Use excessive resources which in the Parent's sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parent's services.
(9) Use the email service for sending or receiving unsolicited emails.
(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
(12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
(14) Run cron entries with intervals of less than 15 minutes.
(15) Engage in any activities related to purchase, sale or mining of currencies such as Bitcoin.
B. Web, Email Hosting Specific terms
(1) As a backup/storage device.
(2) Run any gaming servers.
(3) Store over 500,000 files.
(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(5) Run any MySQL queries longer than 15 seconds.
(6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders can only be used by a single Company or Customer to host websites that are fully owned by them. Certain relevant Documents, other than domain name whois details, with respect to company and domain names/website ownership will need to be presented when requested. Having the same whois details for all domain names in your Multi-Domain Hosting Order will not be enough to substantiate ownership.
(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent's sole discretion.
(8) Send over 25 messages per hour per user and/or 50 messages per day for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
(9) Any kind of Bulk - Promotional mail / Introduction mail / sales mail other than transactional mail we will be suspending the account permenantly & will not be reactivated under any circumstances if found any kind of spaming with or without knowledge.
(10) Purchase/use a Dedicated IP Address without installing an SSL Certificate.
(11) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by site.pro
(12) Use more than 50% of the website's disk space used by your Hosting order for storing emails.
(13) Use a WHMCS license issued by the Parent with any product/service other than the one for which it was issued.
(14) Store more than two website backup files.
(15) Use more than 20GB per database.
(16) SSH Access is't available only on cloud plans
(17) Nodejs / Python available on cloud plans (Self Managed)
1.If an order is placed for domain registration or domain renewal and invoice paid, Nvaio is not responsible if registration fails or actual number of years not executed correctly. It is the responsibility of Registrant to check from whois records if the order is executed correctly. In all such Error Nvaio is not also liable to refund the money.
2. If for any reason domain renewal fails, it responsibility of registrant to check whois records immediately after placing renewal order and bring it to notice of Nvaio , if registrant feels any discrepancy.
3. If registrant receives any automated mail regarding domain verification, renewal or expiry, it registrants duty to act and can seek guidance from Nvaio if required.
4.Nvaio is not responsible if for some reasons, automated mails like, Domain renewal notice, domain expiry notice, or invoices are not generated before they are due. It is the registrant who has to keep a watch for their domain with the help of whois lookup information.
5.For domain transfer minimum 7 days validity should be there to get transfer-in or transfer-out.
(1) You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
(2) Your password provides access to your account. It is your responsibility to keep your password secure.
(3) Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
(4) Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.
(5) You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
(6) You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Nvaio will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
(7) It is your duty to make sure all the programs/scripts installed under your hosting account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
(8)The Services, including all related equipment, networks and network devices are provided only for authorized customer use. We may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be scanned, examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
(9) Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. We may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
(10) Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by us of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, we may clean-up your account for an additional fee.
(11) We reserve the right to migrate your account from one data-center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
(1) Any service interruptions or downtime due to scheduled maintenance by Nvaio or our network providers will not count towards the uptime guarantee.
(2) Nvaio is not liable in any way for failure of third party services.
(3) Nvaio will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
(1) The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Order in the whois Database during the term of the Order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant´s failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.
(2) The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order, the data element in the whois Database records shall prevail.
(1) Domain Registrations: No refund is applicable once the domain is registered.
(2) Domain infringement:You cannot register a domain name that is similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services. Any person trying to register such domain name will be held liable for infringement of Trademark. Example: Flipkartsale.in, bajajfinancecs.com, adtyabrlafnanc.co.in
(3) Domain Renewal: For failure or delay in the renewal of a domain, we are not responsible. Once a domain is renewed no refunds will be given.
(1) The 7 day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
(2) Nvaio Does not issue any refund for domain orders under any circumstances
(3) Nvaio Does not issue any refund for Combo Plan orders or If any coupon code or Promo availed Purchase Products under any circumstances
(4) Service Charges & Processing fee for Refund within the refund claim period - (Web Hosting - 20% of Paid Amount) (Reseller Hosting - 25% of Paid Amount) (Cloud Hosting - 25% of Paid Amount) (Dedicated Servers - 25% of Paid Amount)
(5) Incase of refund claimed within 7 Days of purchase the processing time to refund to bank account (reverse) could take a minimum period of 20 to 45 days
(6) The 7 Days money back guarantee is provided on Budget hosting, Business Hosting, Cloud hosting Only
(7) The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 7 days period or beyond coverage of our refund policy as noted here.
(8) The refund request placed after 7 days will not be processed and you will not be eligible for any refund.
The price mentioned on the site is exclusive of taxes. To view price with taxes please refer the Cost Calculator of each plan. The amount inclusive of taxes will be added to your final invoice once you add items in your cart. The taxable amount is non-refundable.
(1) Unpaid invoices may result in the suspension or termination of your web hosting account. Your suspended account will only be restored after clearing the outstanding invoice after which you will be able to access your data.
(2) If your account gets terminated, the data residing on it won't be restored and will be treated as a new account. If you fail to renew your subscription on time you will be charged on your invoice.
(3) We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
(4) Incase of Domain Failed to Renew for a period of 30 Days of Expiry the Domain Restoration Fee of ₹12500 + GST & Late Fee would be applicable
(1) You decide to discontinue At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 48 hours.
(2) Cancellation upon expiration If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 48 hours (after the expiration date).
(3) You did not renew In case you fail to renew your hosting account on the due date, your hosting account will be suspended on Expiry Date and will be terminated within 48 hours (after the expiration date).
(4) You violate our Terms of service If you violate our terms of service during your subscription period at Nvaio it will result in immediate account suspension and termination. As soon as we've been notified about the violation of service, we would usually take instant action.
(5) Potential fraud We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.
(6) A Dispute or ChargeBack During the violation of our Terms of Service, we would initially suspend and give a 7 days timeframe to resolve the concern with Nvaio before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.
Note It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and Nvaio shall not be liable for the same.
Your use of the service is purely at your sole risk. Nvaio is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Nvaio Strongly Recommends to Subscribe to Remote Backup Addon which is available on additional Fee . Customers are responsible for maintaining their own backups on their own personal computers. In case you are storing the backup at server then you can only keep single copy of backup. Nvaio does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Nvaio’s part). It is your responsibility to take backup of your site on your personal computer. We make no guarantees about the availability of backups.
(1) Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. Nvaio does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
(2) Nvaio is not responsible for any kind of accidental or human error or hardware failure occur which result in any kind of data losses
- Although technical support is available 24x7x365 through live-chat, trouble tickets, but only very basic issues can be addressed over the livechat. Here, basic issues refer to those simple issues and queries that can be answered or resolved on an immediate basis by our support executive
- Live-Support is available at all times for any / every issue that a customer may have. However, the support team may request an email sent as part of the authentication process, where they deem it to be necessary. Here, live support refers to phone, chat or ticket support provided and handled by a real support executive in real time.
- All trouble tickets raised and emails sent will be responded to within an hour. If there is a need for further investigation, the customer will be informed accordingly.
- For issues which have to be forwarded to any provider of the software and applications which Nvaio provides, it won't be possible to estimate a time frame of resolution. It completely depends on the severity of the issue and the response time of the provider. Customers will receive updates on these issues.
The prices of our services may be changed from time to time depending on our vendor's pricing. We are authorized partners of multiple license providers and domain registrars. If there's any change in their pricing structure, we will be forced to increase the prices of our services to cover our costs. You are required to review billing information from time to time to avoid any surprise pricing.
To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold Nvaio, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the
Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including Nvaio's licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s).
You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.
We always treat our customers with utmost respect and expect the same from you too. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days' notice to find a new host. No Refund Applicable.
Any account Suspended for the voilation such as Copyright Infragment / Spaming / Hosting Adult/Porn Contents will be incurred a Voilation Fee of ₹9500 for Reactivation of Account with additional Minimum Server maintenance fees of ₹7500 per hour.
Explicitly reserves the right and sole discretion to:Modify its pricing, if desired by Nvaio from time to time. Establish guidelines and limits concerning the use of the services
Terminate your use of services for use of our services to unnecessarily/illegally harass Nvaio or third parties, non-payment of fees for our services, activities designed to embarrass, defame, harm, threaten, abuse, slander/ stalk third parties, activities prohibited by the laws of India and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as terrorism, child pornography, hate crimes, activities that are tortious, obscene, vulgar, invasive of the privacy of a third party, ethnically, racially, or otherwise objectionable in the sole opinion of Nvaio or declared by the law of land, activities designed to harm minors in any way, activities designed to impersonate the identity of a third party, and other activities whether lawful/unlawful that Nvaio determines, in its sole discretion, to be harmful to its other customers, reputation or operations.
Customer agrees that they will protect, indemnify, save and hold Nvaio harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Nvaio, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns.
Customer agrees to defend, indemnify and hold Nvaio harmless against liabilities arising out of – Any injury to person or property caused by any products sold or distributed in association with Nvaio's Services; The loss of any electronic files furnished by customer (Or customer's customer); Copyright violation and any defective products sold to a customer from Nvaio's Services
The information contained in https://www.Nvaio.com/ is for general information purposes only. The information is provided by www.Nvaio.com and while we endeavor to keep the information up to date and correct. We make no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to www.Nvaio.com or the information, products, services, or related graphics contained on www.Nvaio.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of www.Nvaio.com. Through www.Nvaio.com you are able to link to other websites which are not under the control of www.Nvaio.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. Every effort is made to keep www.Nvaio.com up and running smoothly. However, www.Nvaio.com takes no responsibility for, and will not be liable for, www.Nvaio.com being temporarily unavailable due to technical issues beyond our control.
We reserve the right to refuse service to anyone at any time for any reason.
In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and Nvaio shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.
You agree that the Courts of Bengaluru Karnataka (India) shall have the sole jurisdiction over all disputes and other matters relating to the execution, interpretation, enforcement and termination of this Agreement or any other document entered into by the Parties related thereto. All disputes and other matters relating to the interpretation and enforcement of thеsе TOS as well as any other document entered into by the Parties shall be governed by the laws of India.
You agree that you as the person legally responsible for use of this account are at least 18 years of age. You agree to supply Nvaio with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use. By placing, hiring and continuing to maintain or place information at Nvaio's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.