Efficacious India Limited agrees to furnish services to the subscriber of services ("Client"), subject to the following TOS ("Terms of Service").
Efficacious India Limited reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.
This Agreement governs Customer's use of Efficacious India Limited Web hosting service.
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of Efficacious India Limited credit approval requirements, Efficacious India Limited agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that Efficacious India Limited generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a "Renewal Term") unless Efficacious India Limited or Customer provides the other with termination notice within 30 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
Renewal notices are emailed two days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged on the day your renewal notice is sent. (ie. Your renew date is May 22nd, your invoice will be sent on May 20th and your card on file will be charged May 20th) If your billing method is Paypal you will need to manually pay your invoice every month. Service will be made inactive on accounts that are not paid by the due date at 12 PM IST. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. Efficacious India Limited reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other. All orders made with a credit card are expected to work on the monthly renewal date each month. If the card declines then the customer is subject to a $5 one time fee on top of the monthly renewal price. Any accounts made inactive for non-payment are subject to a late payment fee.
When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month on the date your renewal notice is sent (two days before your actual renewal date). For security purposes your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.
All customers exceeding their bandwidth allowance will be sent invoices due upon receipt each month. All customers are responsible for monitoring transfer or bandwidth usage each month. Bandwidth overages are charged at $2.00 per each GB used over the allowed limit of the package. Customers have the option before their bandwidth billing cycle ends to upgrade per our a la carte upgrade option. Once your plan is upgraded you can not request a downgrade of the same plan for at least one month.
Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Efficacious India Limited terminates the Agreement for Customer's breach of the Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with Section 12 (Termination) for Efficacious India Limited breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer also acknowledges that a minimum of 30 days cancellation notice or downgrade of current package prior to the following renewal term must be given in writing to Efficacious India Limited or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
• Cancellation request must be submitted to helpdesk
• Cancellation request must be submitted from the main email address on file with Efficacious India Limited
• Cancellation request must contain the main IP address (VPS account) or main domain (shared/reseller account) of the hosting plan you wish to cancel.
Renewal notices are emailed 10 days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged 3 days before your renewal date. (ie. Your renew date is May 20th, your invoice will be sent on May 10th and your card on file will be charged May 17th) If your billing method is Paypal you will need to manually pay your invoice every month by the due date at 12 PM IST. All renewals made with a credit card are expected to work on the day your card is charged. If the card declines then the customer is subject to a $5 one time fee on top of the monthly renewal price. In the event you fail to pay your invoice by the due date, we reserve the right to suspend your entire account and a late fee applies. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. If your invoice is still not paid by the 3rd day past the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server.
Customer acknowledges that a minimum of 30 days cancellation notice prior to the following renewal term must be given in writing to Efficacious India Limited or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
• Cancellation request must be submitted to helpdesk
• Cancellation request must be submitted from the main email address on file with Efficacious India Limited
• Cancellation request must contain the main IP address of the server you wish to cancel
Customer agrees to use the service in compliance with applicable law and Efficacious India Limited Acceptable Use Policy posted at aup.php (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that Efficacious India Limited may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of Efficacious India Limited' notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Efficacious India Limited' reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Efficacious India Limited and Customer regarding the interpretation of the AUP, Efficacious India Limited' commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to Efficacious India Limited that the information he, she or it has provided and will provide to Efficacious India Limited for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Efficacious India Limited that he or she is at least 18 years of age. Efficacious India Limited may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless Efficacious India Limited, its affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
EFFICACIOUS INDIA LIMITED DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW EFFICACIOUS INDIA LIMITED DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT? TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF EFFICACIOUS INDIA LIMITED AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.
Customer agrees that Efficacious India Limited may suspend services to Customer with or without notice and without liability.
Efficacious India Limited reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability. The Agreement may be terminated by Customerprior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Efficacious India Limited fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail.
Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Efficacious India Limited is not a domain registrar. We are a reseller for Directi/ResellerClub so all Efficacious India Limited customers who purchase a domain or transfer a domain to us are bound by the terms and conditions set forth by Directi/ResellerClub. You can only purchase a domain from Efficacious India Limited or transfer a domain to Efficacious India Limited at the time when you are purchasing a hosting package. You will receive notice from Efficacious India Limited once your domain is up for renewal. If you do not renew your domain by the expiration date you run the risk of loosing your domain. If you choose to cancel your hosting plan with Efficacious India Limited or fail to pay your renewal we will not be renewing your domain past the cancellation date of your hosting plan. We are not responsible for domains that expire if you no longer have an active hosting plan.
Customer agrees that Efficacious India Limited may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Efficacious India Limited believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Customer agrees to maintain a current copy of all content hosted by Efficacious India Limited notwithstanding any agreement by Efficacious India Limited to provide back up services.
During any service term, customer may request up to two free rebuilds for a control panel change and one free rebuild/restore for any reason of choice. If a customer should need to request a rebuild/restore after this a $20.00 one time fee will be enforced.
Upgrades and other changes in Efficacious India Limited's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. Efficacious India Limited reserves the right to change its network in its commercially reasonable discretion, and Efficacious India Limited shall not be liable for any resulting harm to Customer.
Notices to Efficacious India Limited under the Agreement shall be given via electronic mail to the e-mail address of email@example.com. All notices, including but not limited to support or billing requests, must be submitted from the registered primary or secondary e-mail address on file for the customer account.
Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customers responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Efficacious India Limited shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Efficacious India Limited' control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
If, For any reason, you wish to change or cancel your order you can do so by email firstname.lastname@example.org Please give notice within 8 hours after the order date.
Order cannot be cancelled or modified after 8 hrs from order date.
In case of Same day delivery , no cancellation and no refund will be given.
In rare case of service failure or quality complaint, you can write an email to email@example.com and our team will respond you within 6-12 working hours.
Our team will process a quick investigation on your order and in case of any quality / service failure found, we assure to re-deliver your new or rectified product after receiving back your product as early as possible.
In case that Customer want to cancel an order, he will be given a full refund if he has given us a minimum of 8 hours notice after placing. If notice is given after 8 hours from delivery date no refund will be given.If your order is cancelled then your fund will be transfer within 7 to 10 working days.
If any transaction is done 2 times for same product then it will be refund you back within 7 to 10 working days.
After the purchase order is received from customer then software will be delivered within 15 working days and its receipt will be emailed you on same day.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Efficacious India Limited unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Efficacious India Limited prior written consent. Efficacious India Limited approval for assignment is contingent on the assignee meeting Efficacious India Limited credit approval criteria. Efficacious India Limited may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
Last updated on 20/JUL/2016