Terms and Condition
While presenting serverwala.com as the parental website we have introduced serverwala.cloud as our highly secure billing portal. The serverwala.cloud is designed to let you easily manage all your services and related issues in one click, such as making online transactions, online billing, resolving technical errors and so on. This portal can further be utilized for round-the-clock customer support.
This document (the “Agreement”) sets forth the principles, guidelines, and requirements of the Terms of Service of our primary company SERVERWALA CLOUD DATACENTERS PRIVATE LIMITED., and its sister consults branch Elastic Data Centers (OPC) Pvt Ltd. (the “Company”) governing the use by the customer (“Customer”) of Company’s services and products (“Services and Products”). These Terms of Service have been created to promote the integrity, security, reliability, and privacy of the Company’s facilities, network, and Customer data contained within. The Company believes it provides the best services in the industry and implements the following policies in the best interests of its own and its clients. It retains the right to modify these Terms of Service at any time and from time to time. Any such modification shall be automatically effective as to all customers when adopted by Company and published at Company shall be the sole and final arbiter as to the interpretation of the following. By utilizing the Company’s services and products, the Customer agrees to be bound by the terms herein outlined.
2. Compliance with the Law
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. He/She shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
3. Prohibited Uses of Services and Products
In addition to the other requirements of these Terms of Service, Customers may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If the Customer is unsure of whether any contemplated use or action is permitted, he/she must contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
3.1.1. Pornography and pornographic-related merchandising are prohibited under all the Company’s services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, “hacker” programs, anonymous/public proxies, proxy services, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited.
3.1.2. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.
3.1.3. Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company’s Services or Products.
3.2. System and Network
3.2.1. Introduction of malicious programs into the Company’s network or server (e.g., viruses and worms).
3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
3.2.4. Circumventing user authentication or security of any host, network, or account.
3.2.5. Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack).
3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
3.2.7. Creating an “active” full-time connection on a Company-provided account by using artificial means involving software, programming, or any other method.
3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing, or in any way modifying or tampering with Company created log files.
3.2.9. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
3.2.10. Any action which the Company deems to be an unacceptable use of resources, business practice, or otherwise unacceptable to the Company.
3.3.1. Furnishing false or incorrect data on the order form, contract, or online application, including fraudulent use of credit card numbers.
3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document “use” of the Company’s Services and Products.
3.3.3. There is No Refund Policy.
3.4.1. Sending unsolicited commercial email messages (UCE), including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship (“email spam”).
3.4.2. Sending UCE referencing an email address for any domain hosted by the Company;
3.4.3. Sending UCE referencing a domain hosted by the Company;
3.4.4. Sending UCE referencing an IP address hosted by the Company;
3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company;
3.4.6. The Company will be the sole arbiter as to what constitutes a violation of these provisions.
3.4.7. Harassment, whether through language, frequency, or size of messages.
3.4.8. Unauthorized use, or forging, of mail header information.
3.4.9. Solicitations of mail for any other Email address other than that of the poster’s account or service with the intent to harass or to collect replies.
3.4.10. Creating or forwarding “chain letters” or other “pyramid schemes” of any type.
3.4.11. Use of unsolicited email originating from within the Company’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company’s network.
3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
3.4.13. Customers will be charged a minimum $300.00 service charge for each instance of a verifiable UCE that is reported to the Company and faces immediate account suspension and/or termination, as well as further penalties.
3.5. Customer Support
3.5.1. The Company promotes a mutually professional relationship with its customers. Abusive, threatening, obscene, or otherwise harassing communications with agents of the Company, via telephone, email, online chat, or other means will result in immediate account termination notwithstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
4. Indemnification of Provider/Relationship of Parties
4.1. Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.
4.2. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Website, except as necessary to maintain the Website.
5.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password.
5.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system, or customer of the Company.
5.3. Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.
5.4. Uploading a virus to a Company server will result in account termination, service charges, and/or prosecution.
5.5. Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than initial configuration. The Company supplies technical support for hosting services that it provides only. The Company shall be the sole arbiter as to what constitutes a “hosting” issue.
6. LIMITATION AND EXCLUSION OF LIABILITY
In no event shall Elastic Data Centers (OPC) Pvt Ltd (the company) have any liability whatsoever for damage, unauthorized access to, alteration, theft, or destruction of information provided to the company, distributed or made available for distribution via the services. The company and its sister consults branch shall have no liability under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if they have been advised of the possibility of such damages. In any event, the liability of the company, to you for any reason and upon any cause of action shall be limited to the amount actually paid to it, by you under this agreement during the thirty (30) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the services set by the company, under this agreement have been and will continue to be based upon this allocation of risk. Accordingly, you hereby release Elastic Data Centers (OPC) Pvt Ltd, from any and all obligations, liabilities, and claim in excess of the limitation stated in this section
6.1. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
6.2. Interruption of Service
You hereby acknowledge and agree that Elastic Data Centers (OPC) Pvt Ltd, will not be liable for any temporary delay, outages, or interruptions of the Services. Further, the company shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
You hereby acknowledge and agree that Elastic Data Centers (OPC) Pvt Ltd, reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. The company will use its best efforts to notify you of pending maintenance however at no time is it under any obligation to inform you of such maintenance.
6.4. Backups and Data Loss
Your use of Elastic Data Centers (OPC) Pvt Ltd's servers and services is at your sole risk. The company is not responsible for files and/or data residing on your Server. While backups may be provided by the Company, You, the Customer agree to take full responsibility for files and data transferred to/from and maintained on your server and agree that it is your own (the Customer’s) responsibility to take backups of data residing on your server.
Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges, or a combination thereof.
Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information, and materials relating to the other party’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
The Customer and the Company further agree that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.
9. Refusal of Service
9.1. The Company reserves the right to refuse or cancel service in its sole discretion with no refunds.
9.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation.
9.3. KYC Documents are compulsory for Indian Clients who want to make payment via the Coin Base method.
- For other locations apart from India, we ask for the KYC documents if required or necessary.
- Money is non refundable if any user denies for the KYC documentation under Policy Violation.
- KYC documents include Passport, Driving License, Voter Id (Applicable to Indian User), Pan Card (Applicable to Indian User), Aadhar Card (Applicable to Indian User),GST Registration Detail (Applicable to Indian User), Company Registration Detail.
10.1. USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT THE CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS, OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, AT DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.
10.2. THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.
10.3. PLEASE BE ADVISED THAT Elastic Data Centers (OPC) Pvt Ltd., RESERVES THE RIGHT TO REQUEST A COPY OF A VALID STATE AND OR COUNTRY IDENTIFICATION, SUCH AS A VALID STATE DRIVER LICENSE AND OR PASSPORT, ALONG WITH VALID PAYMENT INFORMATION INCLUDED BUT NOT LIMITED TO CREDIT CARDS AND OR PAYPAL INDICATING THE LEGITIMACY OF THE ACCOUNT AND PAYMENT METHODS. THIS IS A ONE-TIME REQUIREMENT FOR ALL THE NEW ACCOUNTS, TO PROTECT AND DETER ANY AND ALL POSSIBILITIES OF FRAUD.
10.4. The Company reserves the right to revise or change these Terms of Service at any time.
11. Refund and Cancellation Policy
11.1. The server deployment time is 24 to 48 Hours, and the Refund Policy is not applicable to Colombia, Argentina, Panama, Brazil, Chile, Uruguay, Ecuador locations.
11(a). Money-Back Guarantee
Serverwala provides a 7 days money return guarantee for all the web hosting accounts. Following are the criteria or eligibility you need to fulfill to claim your refund or money back.
- You must be a new customer of Serverwala without any past records with it. No refund policy for second time users.
- You have to apply for a refund within 7 days from the service delivered date.
- Abusing and misuse of services is prohibited.
- If you have made a payment more than once by mistake, the second payment is not refundable. Any Refund will be credited to your serverwala account instead of being initiated in your personal account
- Any misuse, illegal use, and infringements of these agreements will waive your right to refund.
- Serverwala reserves all the rights to accept or decline the refund if any customer encounters the terms of services and policy.
11(b). Refund Policy
All refunds are at the sole consideration of Serverwala, including fees associated with primary services, additional features, and any setup fees previously charged.
Serverwala reserves all the rights to discontinue services of customers at any time. If the services are terminated due to any policy violation, there will be no refund.
Customers have the right to cancel their order and services agreeable to the terms of their Service Level Agreement or contract by Email or client portal. They may also ask to terminate the order at the end of a billing cycle.
Serverwala terminates the account immediately when the client encounters a violation of the terms of services or if any customer would not pay the charges even after receiving the invoices. In such conditions, no prior notification or alert will be directed to clients.
If any account is suspended or terminated due to no payment issues, Serverwala reserves the exclusive right to delete all the client data related to its hosting without any prior notice.
Cancellation requests must be submitted via the Serverwala Client area by selecting "Request Service Cancellation." from the official website.