HostgenX (we, us, or our) is an internet-based web hosting and cloud infrastructure service provider which includes, but is not limited to, shared hosting, virtual private servers, dedicated servers, email hosting, and domain registration services (each, the Services).

Our Services will be used by customers as they are referred to as you or you’re in this document.

These Services are provided to you based on the terms as provided in these Terms of Service ("Terms"). By creating an account with us or applying any of our Services, you are accepting to be bound by these Terms.

When you use our Services under a different written contract or a master services agreement, we assume that these Terms are incorporated into the contract or agreement either expressly or implicitly. These Terms are legally binding and are applied whenever you access or use our website or Services, whether or not you have also acknowledged that you have accepted them separately.

These Terms constitute a legal contract of necessity between you and HostgenX, using our website and Services. Consequently, you may not access our Services and our site unless you completely accept these Terms.

These Terms may be changed or revised at any time. Amended edition shall be updated on our web site at https://www.hostgenx.com/terms-of-service. The revised Terms will automatically take effect on you and in case you still use our Services after the changes are posted.

The amended terms will be enforced even in case you have not accepted them separately. In case you are not agreeing to any changes in these Terms, then you should terminate the use of our website and Services at once and address us to request the shutting of your account. We invite you to visit this page as often as possible so that you can keep abreast of any amendments to our Terms.

1. Definitions

In these Terms, except where the context so dictates, the following words and expressions mean the following:

1.1. The term affiliates refers to with respect to any Person, any other entity which Controls, is Controlled by, or commonly Control with that Person.

1.2. Applicable Law(s) refers to and covers all applicable:

• statutes, rules of law, regulations and bye-laws;

• force of law codes of practice, licenses, permits, consents or orders;

• a notice, or a circular, or a guideline of a regulatory authority;

• judicial meanings or decisions of the above; and

• all other statutory directions and requirements of a Government Authority.

1.3. The term charges refers to the price you are required to pay the Services, unless in case of a free trial. This will be charged according to either time based (e.g. every month) or usage based (e.g. every GB) and will be billed to your customer account or to services that we have configured manually. In case there is a Minimum Billing Amount on a service, then this billing amount will be charged to you every month that the service is opened.

1.4. Claims refer to all actions, suits, proceedings or arbitrations all of which are either pending or threatened.

1.5. Confidential Information:Our Intellectual Property and any business, technical, or financial information that is part of our arrangements under these Terms is called Confidential Information. This and more is not limited to business plans, financial information, customer lists, marketing plans, trade secrets, software, or any other information that is deemed a secret, although it may not be marked as so.

1.6. Controlling, Controlled by, or Control is, in the case of any Person, to mean:

• the authority to specify management of such Person and its policies, either through ownership or agreement or otherwise;

• holding over 50 per cent of the voting interest.

1.7. Customer Data Customer Data refers to any data, such as text, sound, software, images and video, that you or your End Users create or provide. You own your Customer Data. We retrieve and utilize it only to make the Services available to you or in order to comply with legal requirements.

1.8. De-provisioning of Services: This refers to the cancellation of your Services, the discharge of all tools that we used in the provisioning of your Services and the deletion of your Customer Data on our servers.

1.9. End User refers to any person or any other entity who uses the Services under your customer account.

1.10. Force Majeure Event refers to an event outside of our reasonable control such as a major power or internet failure, natural disasters, war, riots, pandemics, strike, terrorist acts or Government Authority action.

1.11. Any means by which a government can govern is referred to as Government Authority(ies).

• foreign, federal, state, or local government which has jurisdiction over us;

• government department or government minister; or

• judicial or administrative commission, agency, board, or other.

1.12. Hosting Credit Prepaid Customer- a customer who has bought credits to spend on our various services.

1.13. Abstractly, Inherent Business Risk refers to the normal risk of offering hosting services, e.g. loss of data due to malware attacks, malfunctions in the server or software failures.

1.14. Inactive Customer A Customer who has not utilized any of the Services within the last 90 days.

1.15. The term Intellectual Property or IP covers all the patents, trademarks, copyrights, as well as trade secrets among other guarded rights and assets globally. The rights to this IP are referred to as Intellectual Property Rights or IPR.

1.16. Losses refers to any and all losses, damage, liability, cost, fines, penalty and expense (including legal fees) involving a Claim.

1.17. Malware refers to any harmful software, such as worms or viruses, capable of harming, interrupting or getting unauthorized access to a computer system.

1.18. Managed Services is a term that is used to refer to these professional services that we offer under an additional fee in order to manage your hosting infrastructure. Unless we express otherwise, the Services we are giving you are, in any case, Self-Managed Services.

1.19. Material Adverse Effect refers to any fact, change or occurrence that materially damages a party to perform its obligations under these Terms.

1.20. Person refers to an individual, company, corporation, partnership, trust, association or other organisation.

1.21. Minimum Billing Amount refers to the minimum amount of money you can pay in one month on a certain service no matter how little of it you consume.

1.22. Refund Policy Refund Policy refers to our Refund Policy which we have posted at https://www.hostgenx.com/refund-policy.php, and to which we may make changes periodically.

1.23. Privacy Policy refers to our Privacy Policy that has been posted at the address: https://www.hostgenx.com/privacy.php and which we can change occasionally.

1.24. Service Level Agreement or SLA refers to the agreement in the https://www.hostgenx.com/service-level-agreement.php that outlines the service levels we offer, which we can change at our will.

1.25. TDS refers to a tax deducted at the source as it is obligatory by Applicable Law.

1.26. The term refers to the time when you started using our Services to the time when you cease using them.

1.27. Third Party any Person other than you or us.

1.28. Variable Usage Charges: refers to Charges that may change according to your usage, but which may increase over time without your taking particular action. As an illustration, the cost of backup services may rise in cases where you back up more often or more storage.

2. Use Of The Services

2.1. By using our Services, you elect to abide by these Terms as well as all other operating rules, policies, and procedures that we post on our Website every now and then. These are, but not confined to, our Privacy Policy, our Service Level Agreement (Service level agreement or SLA) and our Refund Policy (all of them, the Company Policies).

2.2. In order to sign up with our Services, you will require giving us some details about yourself including your name, an address that is a valid email and a mode of payment. You can also use other information of your own choice. Our Privacy Policy is what determines how we gather, utilize and distribute this account information.

2.3. We can revise our Services and the Company Policies occasionally. Such revisions will be done on a commercially feasible ground.

2.4. We may, in our unilateral discretion, decline to give or discontinue giving you access to our Website and Services at any time and without any reason. This involves those cases where you do not adhere to such Terms. We are allowed to disable, cancel or destroy any customer accounts and their access without giving any notice.

3. Compliance With Laws

It is upon you to ensure that you adhere to all the Applicable Laws, regulations, and guidelines given by a Government Authority. This and not limited to complying with the guidelines that the ministry of Electronics and Information Technology (MeitY) and the Indian Computer Emergency Response Team (CERT-In) issues, and which are updated periodically.

4. Representations and Warranties

4.1. Our Warranties and Representations.

It is hereby our warranty and representation to you that:

We are a properly established or licensed entity by Applicable Laws and are described as having the legal capacity and authority to deliver the Services to you.

We are not in bankruptcy, and do not worry there is nor is there likely to be any insolvency process conducted, threatened or pending against us in any court of competent jurisdiction.

4.2. Your Representations and Warranties.

You are hereby representing and warrants to us that:

You are properly formed and are within the Applicable Laws and you possess the necessary legal power and legal authority to consent to these Terms. In the case you are registering the Services on behalf of a company or other entity, you attest to the enforceability of these Terms on you and the entity and that you are legally authorized to represent the company or other entity.

You are not bankrupt, as there are no insolvency proceedings brought, threatened or are about to be brought against you.

You are not liable to any fines, penalties, injunctions or other civil or criminal liabilities that would under Material Adverse Effect affect your performance of your obligations under these Terms.

No act, action, Claims, proceedings, nor even inquiry is pending, or to your knowledge threatened in writing, in any court, commission, arbiter, or Government Authority, either civil or criminal. No unfinished judgments, decrees, or orders, which would materially affect your performance under these Terms, exist, either.

Everything that you have told us about the Services is true and disclosed to the best of your knowledge. You recognize that any sort of misrepresentation can affect the quality of the Services that we will provide to you, negatively.

We do not provide our Website and Services to persons under the age of 18. Through our Website and Services, you affirm your age as 18 years and above.

You have been given enough time to read and comprehend these Terms and accept to be bound by the Terms.

5. Your Obligations

5.1. Customer Account

5.1.1. You will be liable to all transactions happening under your Customer Account authorized or not. This encompasses what is done by employees and contractors, agents or End users. Your account credentials, including phone numbers, email addresses, and passwords are also under your responsibility as well as the subscriptions or cancellations to Services. It is your responsibility to pay any charges or repercussions that occur because of the use of your account. HostgenX has no liability in terms of the interference of your account usage. In case our team acts according to what you ask of us, we cannot be held responsible for the consequences that will follow.

5.1.2. You should utilize hefty passwords and implement access management applications and other data safety tools necessary by Applicable Law to secure your Customer Data and additional preventive actions to unauthorized access of your account.

5.1.3. You are to report to us immediately of any unauthorized possession of your account or any other form of breach of security. You must also assist us with our investigations into the service failures, security problems, or the possible violations of these Terms.

5.1.4. We do not have any security breach that may arise as a result of your negligence to put security measures or any other factor that are outside our control. You are fully liable to such breaches and no Claims shall be made against us by you or anyone who accesses your account whether you or any Third Party.

5.1.5. You shall be indemnified, defend, and hold harmless HostgenX, our Affiliates, and our employees, agents or suppliers (the "Indemnified Parties) against any and all Claims and/or Losses incurred as a result of such a security breach.

5.2. Backup of Customer Data

You should implement necessary steps to safeguard, defend, and back up any Customer Data, programs, software and other information. In these Terms, we do not have the obligation to keep copies or backups of your Customer Data.

You would still have a responsibility to ensure that you take proper backups and verify their accuracy even when using our backup services. This is not our responsibility. Besides, you will not dispute payment of all the Minimum Billing Amounts and/or Variable Usage Charges on these backup services.

5.3. Use of Licensed Software

5.3.1. You also realise that certain software that is offered in addition to the Services is owned by the Third Parties of the Services (Third Party Software). You are granted all such software under its End-User License Agreement (EULA) and do acknowledge the terms.

5.3.2. During the Term, you should not apply improperly licensed software to the Services. Pirated software use is forbidden. You only agree to indemnify and hold the Indemnified Parties harmless in case of any Losses or Claims where the Third Party Software is unmaintained or obsolete, and you are liable to such Losses or Claims only to the extent that such software is used (or used by your End Users).

5.3.3. In case any Claims are brought against the Indemnified Parties because of your, your representatives, or End Users are using Third Party Software in accordance with its EULA or on any basis other than within the scope of the paid license, you will be liable to the Claims and subsequent Losses and will indemnify the Indemnified Parties.

5.3.4. We do not bear any liability to any Third Party Software or the damage its usage may impose. We will also, on your instructions and on a fee, at our own discretion, configure such software with your equipment as directed by the Third Party. This does not compel us to undertake such services. We do not face any liability to any damages that arise due to this configuration.

5.3.5. When the provider notifies you, you should update the Third Party Software. It is not our role to do these updates and we have no responsibility or liability as to disruption of service by software incompatibilities or bugs because of your negligence.

5.3.6. You should not take away or interfere with any copyright or trademark or patent notice on Third Party Software.

5.4. You need to record and report about any malfunctions or mistakes to HostgenX promptly. We may utilize any feedback that you give us in improving our services without owing any obligations to you.

5.5.You should make sure that you have completely adhered to all Applicable Laws that are necessary in order to use the Services. The security of the Services and the equipment you access to do so is your responsibility. We have no liability to any infringement of this security. The data that are stored or uploaded using the Services must be safeguarded by reasonable efforts on your part, including data encryption.

5.6. You have to assist us reasonably, requested every now and then, to help us in the delivery of the Services.

5.7.You have to make sure that your computing environment is available and stable to render the Services, to the degree necessary to do so.

5.8.Your representatives and any other person or group cannot alter or obliterate any copyright, trademark or patent notices of any content or software which we supply to you (other than Third Party Software). You will cover, indemnify, and hold the Indemnified Parties not liable to any Claims as a result of violation of this clause.

5.9.You have to be ethical and open in the performance of your duties under these Terms. You shall not do anything or say anything which will be deceptive to other customers or prospects of HostgenX or which will be detrimental to our business or reputation.

5.10.You will adhere to all of your duties and obligations under these Terms and will make all payments to us as required and on time, as shown in our invoices or reminder e-mails.

5.11.Your task is to ensure that you monitor the resources that are spent on your cloud server to access the Services and take appropriate action to correct any issues associated with the same. The process of checking or upkeeping these server resources is not our job.

5.12.You accept to abide by the guidelines following the directives of the Indian Computer Emergency Response Team (CERT-In) Guidelines dated April 28, 2022 under the Information Technology Act, 2000 and develop any pertinent records when demanded by us under an order issued by any Government Authority:

You consent to have logs in place of all your ICT systems and keep them safely under 180 days of rolling territories within the Indian jurisdiction.

You will continue to retain the following true information within 5 years (or such as required by law) upon any cancellation or withdrawal of registration of the end-users of our Services:

• Authenticated names of subscribers/customers who are contracting the services

• Date of hire comprising dates.

• IP addresses appropriated or utilized by the users.

• Purpose for hiring services

• Verified physical and phone addresses.

• Pattern possessions of the subscribers/customers.

• Email address, IP address, and time of registration/onboarding.

6. Seizure of Data and Hardware

6.1. You would accept that in case any of the hardware we had supplied to you to store data gets taken by any Government Authority to enable an investigation against you, your employees, agents, or End Users, then you will pay us upfront and without objection (i) the amount of money it would have cost us to provide the data or information to the Government Authority and (ii) the amount of the server or equipment, which was taken.

6.2. You, too, understand that we have no obligation to make a backup of your Customer Data on our equipment or servers in case of such a situation. You shall bring no Claim against us of loss of data, such as money. In case a Government Authority has access to hardware or data, then we are not required to notify you before or during the seizure. It is open to the Government Authority to issue seizure instructions in any mode of communication whether written or oral and we need not present you with a copy of their written order.

7. Business Risk and Losses

7.1. Your acceptance and consent is that the Services we offer involve an Inherent Business Risk. Such risks might be uncontrollable and can result in you incurring certain losses which you can either experience direct or indirect losses. We in no way will be liable to incur such losses on your part. You assume all the risk that is involved in the utilization of our Services, either on your own behalf, on behalf of your agents, or that of your employees. You also accept to defend, indemnify and hold the Indemnified Parties harmless of any and all Claims and/or Losses that may arise out of the use or misuse of the Services.

8. Third Party Audit

8.1. You recognise that in the case of any third-party software or licenses that you use, the third-party vendors or their authorised agents (Competent Third Parties) shall be entitled to perform an audit within the Term. You also accept to comply wholly with such an audit, and deliver all the information sought by any of those Competent Third Parties. You are our customer, too, so as a customer, you are supposed to assist in case we are audited by a Competent Third Party of our infrastructure, which also includes our cloud platform. You will have to give them any information they require like evidence of software licensing. In case you are not cooperative or you do not give us the information required to conduct the audit, we reserve the right to cancel your Services at will.

9. Regulation of Use of Services

9.1. Customer Data

You recognize that we are not exercising any control over your Customer Data. You also guarantee that it is within your legal rights to transmit, receive, store, and host all Customer Data under our Services and on our cloud platform. Your only duty is to make sure that you, your agents, and the End Users adhere to all Applicable Laws and our Company Policies in dealing with Customer Data. Customer Data You are wholly responsible regarding the development, operation, maintenance, and use of your Customer Data.

9.1.1. Data of End User Customer: You have the responsibility of the manner in which your End Users utilize Customer Data and our Services. You should make sure that all End Users comply with your requirements of these Terms and Company Policies. Your contracts with End Users should be in line with these Terms. In case you find an End User abusing these Terms, you need to suspend their access to the Customer Data and the Customer Services at once.

9.2. Prohibited Activities

9.2.1. The following are the "Prohibited Activities" which you should not participate in, or permit any Person (including any End User of your facilities) to participate in:

• Publish, display, upload, modify, publish, transmit, store, update or share any information which:

• Belongs to another person without proper rights.

• Defamation, obscene, pornography, pedophilia, intrusion into privacy, harassment, libel, racially or ethnically offensive, money laundering, gambling, or otherwise illegal.

• Is harmful to children.

• Violates any patent, trademark, copyright or other proprietary rights.

• Violates any Applicable Law.

• Benevolves or deceives such that the receiver does not know the source, or is false or misleading knowingly.

• Fakes the identity of another individual.

• The threat to the unity, integrity, security, sovereignty, or amiable relations of India with foreign states, or the disruption of the civil peace.

• Has computer viruses or any program that is created to interfere, ruin or impede the functionality of any computer resource.

• Is patently false, and issued with the intent of misleading or harassing with a financial gain or to harming any individual.

• Send unsolicited business messages (SPAM).

• Conduct any business that violates laws, codes, or regulations that apply to us or our customers, such as violating Intellectual Property, trade secrets, defamation or fraud.

• Invade the personal privacy rights of other people, gather or share their information against their permission, unless it is allowed by law.

• Slip up or drop online information deliberately, delete or forge or distort information knowingly.

• Use the Services in violation of the rules of another service provider or the illegal purpose.

• Register Services with concealed or bogus details such as unauthorized means of payment.

• Publish, share or distribute material with Malware using the Services.

• Transfer the Services or your account credentials to an unauthorized Person, by assigning, sublicensing, renting or otherwise.

• Elaborate or delete any proprietary notice in the Services, or imitate its ideas, features or graphics.

• Dismantle the Services, or decompose them, other than legally authorized.

• Trying to access our networks, systems, and other accounts of our customers without authorization.

• Hack, disrupt, interfere with, or disrupt the performance of the Services.

• Avoid any technological protection that we use to safeguard the Services.

• Competitive analysis or benchmarking with the Services.

• Interfere with or take advantage of our network or third party net works with Malware, botnet or denial of service.

• Publicly distribute or re-distribute the Services other than in accordance with these Terms.

• Take advantage of the Services so as to evade paying fees to us.

• Mine cryptocurrency with the Services without our express permission.

• Write products or services that are competitive with ours.

• Participate in any actions that subject us to disproportionate legal, insurance, administrative and governance expenses.

• Take part in any process that causes our cyber insurance policy to be cancelled or premium increased.

• Participate in any act that causes a criminal investigation of you, your employees, or End Users.

9.2.2. In case of any Prohibited Activities that you discover taking place using your account or facilities, it is your duty to ensure that you bring to stop the activity at that moment, including the closure of access of the End User.

9.2.3. In case of your complaint or that of your representatives or End Users regarding Prohibited Activities, we will email you and ask you to stop. Otherwise, in case you fail to cease the activity within 24 hours, we can introduce a penalty of an INR of 5,000 or more per case to your monthly bill. In case of the activity taking more than 24 hours we can suspend your Services. We may suspend or end Services on the spot in an unconducted manner in case we find there is imminent and real threat. At our own will, we can give you a chance to correct the problem, yet it will be terminated in case of a repeat violation.

9.2.4. Abuse of Service: "Abuse of Service" is the following:

• Enabling or supporting DDoS attacks or scripts.

• Hacking into the capability of another individual to access our Services, such as through overloading our Services.

• Using an open proxy, open mail relay, Tor exit node or an open recursive DNS resolver.

• Any activity of tracking or crawling the system or network of a third party without permission.

• On purpose disrupting the correct operation of the Services.

9.2.5. Collaboration with investigations: You consent that we can permit a Government Authority to review Customer Data or usage, but in reasonable advance warning at our choice. We can also turn in any action that we suspect is against the law to the authorities without informing you. We can act on legal demands of the law enforcement about your behavior. We need not present you with a copy of the order of the Government Authority.

9.2.6. Violation Consequences: In the event that you breach these Terms or Company Policies, we, at our own choice, reserve the right to do any of the following:

• Give a reprimand (letter or oral).

• Don’t use the Services until the breach has been addressed.

• Cancellation of Customer Account.

• Bill you any expense we may have in connection with the violation.

• Prosecute you on the recovery of costs.

• Provide information to the police where necessary.

In the event that you have already paid Services, you will lose the whole amount and you will not get the refund.

9.3. We have at all times the right to terminate or suspend your Services on the spot should your activities cause or may cause disproportionate legal or other expenses in comparison to the amount you pay. This involves the cases that precipitate a government investigation or a legal warning to us.

9.4. Breaking of these Terms can be a criminal offense in existing law. You are required to report to us about any known violations of these Terms.

10. Facilities

10.1. Monitoring Equipment

In order to ensure the quality of services and proper billing, we monitor your use of our Services with the help of the monitoring tools and software. It is important to mention that despite this monitoring, there are some events that are out of our control and may influence the Services. Neither us nor our agents nor End Users are to bear any responsibility in case of any loss to you, your employees, agents or any other party as a result of such uncontrollable events, such as malware attacks on this monitoring infrastructure.

10.2. Usage Measurement

We can gauge your use of our Services in a number of ways. This may involve, but not be limited to, monitoring such metrics as the number of web requests (HTTP/s), the amount of data being transferred in and out of our services and the performance of the hardware supporting it.

10.3. Service Requests

You should make any service requests using the mode that we prescribe. We are going to keep the right to alter the manner in which we accept these requests, and we will inform you about alterations by posting them on our Website. Your duty is to visit our Website frequently so that you can update yourself on such changes.

You may now create a service request on the email platform by sending an email to support@hostgenx.com. When we get a proper authorization to do so by your respective technical contact, then and only then will we act on a service request. When you open your account or in your account dashboard, you have to add the contact person. In case your technical contact will change, then you will need to update the information in your Customer Account as soon as possible.

We do not guarantee the hardware or software failures and damage of your data because of the service request or any other cause we reasonably believe is beyond our power. Moreover, we cannot prevent your losses which might occur due to placing a service request.

11. Server Reboots and Maintenance

11.1. Several actions on the server are initiated by customers.

You can also restart or boot your servers on/off yourself using our self-service portal which is present in https://my.hostgenx.com/. Instead, you can ask our support team to do these things on your behalf. At any point of time you are starting any server power operation or any service request whatsoever it is your responsibility to make sure that your server boot order is properly set up in such a way it comes back online in a properly accessible state.

We do not have to pay a penny in relation to delays in server restart caused by the wrong execution of such actions on your part. Moreover, it is not our responsibility to cover any losses such as those caused by hardware/software failures and learned data that will be experienced as a consequence of power cycles on a server. You will ensure that you indemnify and hold us harmless and against any claims or legal actions in such cases.

11.2. Server Actions of the type of maintenance.

We might have to restart or physically remove and add servers during planned or urgent maintenance operations. We do not cause failures to reboot when using servers because of any problems in the operating system, failures to complete system checks, software misconfigurations or modifications made as per your requests.

You should have sufficient data and software deployments to guarantee that your services to End Users will not be significantly affected by our maintenance work. We will take sensible measures in informing you about the outcome after doing any maintenance. We will also attempt to notify you when maintenance has to be re-scheduled where possible.

It is important to note that it is your duty to ensure that your Services are operating well at the end of our maintenance activities.

12. Maintenance and Support

12.1. Maintenance Activities

We also have the right to undertake normal scheduled maintenance as well as emergency maintenance on our electrical, software and hardware infrastructure to make our Services run. We shall put our routine maintenance schedule on our Website or inform you through email where possible.

We might be required to carry out emergency maintenance any time without giving any prior notice in case of a mission critical situation. At any time of all maintenance processes, both planned and unplanned, you might not have access to our Services and your Customer Data on our cloud platform. You will be willing to cooperate with us in these periods.

We have no obligation to provide any extended downtime in case one of our servers fails to boot up successfully as a result of operating system bugs, software malconfigurations, file system or database corruption, or other forms of software or hardware problems that lead to lengthy checkout of bootup.

12.1. Support and Warranty

We shall endeavor to offer 24/7 support, system monitoring, fault reporting, and maintenance to our networks and systems. In relation to any equipment that we provide to you, we shall also extend warranty assistance as per the manufacturer of the equipment terms and conditions.

Note: We do not do any maintenance or troubleshooting of hardware issues of equipment that was not originally supplied by us.

13. Terms of Free Trial

13.1. Application of Terms

Any free trial that we provide is bound by all the terms and conditions in this document.

13.2. Granting a Free Trial

On our own we will choose whether a potential customer shall be given a free trial. We have made this choice based on our analysis of the service that you are interested in and your needs. We also determine the amount of time of the free trial period, which can be different.

13.3. Trial Activation

We shall attempt to ensure that you get your free trial functioning within the next 7 days after we receive your request.

13.4. Change or Abortion.

We know we can cancel, or alter the terms of the free trial, any time, any reason and without even being notified.

13.5. Violation of Terms

Should we find that either of these Terms was breached by you in the course of your free trial, then we reserve the right to revoke your access to the trial immediately without prior notice.

13.6. Liability

Any liabilities that occur during your use of the free trial are entirely your fault. HostgenX or our representatives shall not be liable to any claims, losses, damages, costs or expenses caused by your use of the free trial (and even by your employees or representatives).

14. Limitation of Liability

14.1. Maximum Liability

Our financial liability concerning claims and losses arising in relation to these Terms, the use or utilization of our Services, or any inability or inadvertence to furnish the Services, will remain modest with respect to HostgenX, our affiliates and licensors. The maximum will not be above the cumulative fees paid to us in the course of one month of service, according to an invoice issued in the month immediately preceding the incident on which the claim was occasioned.

Besides what is expressly mentioned in our Service Level Agreement (SLA), we will not be liable to the delays in offering the Services.

14.2. Omission of Indirect Damages.

There shall be no occasions when we are liable to you and damages of any special, indirect, incidental, punitive or consequential nature. This involves but not necessarily limited to loss of profits, loss of goodwill, loss of data, replacement of goods or services cost, or any other commercial loss.

This is irrespective of the cause, be it a claim on contract or a tort claim (including negligence), even when we have been instructed that this kind of damages can be incurred.

15. Limited Warranty

15.1. We will strive to provide the best to provide the Services as stipulated in our Service Level Agreement (SLA). This is all the warranty we can guarantee. In addition to this we do not warrant anything other than express or implied warranty, including warranty of merchantability, warranty of fitness to a certain purpose, warranty of title, or warranty of non-infringement.

We do not ensure that our Services will be unbroken and free of errors completely. Also, we do not have the accountability of the precision, safety and dependability of information sent via the internet. This comprises any interruptions, loss of data, viruses or any other problems that might arise because of the transmission of the internet or the server of our Services.

It is only up to you to ensure the proper protection of your systems, data, and applications through the help of firewalls and effective passwords.

16. Fees and Payment

16.1. Hosting of Prepaid Credit Customers.

In case you had pre-paid hosting credits, we will bill you the amount consumed with deduction of relevant taxes such as GST. You will need to keep track of your usage so as to have a positive credit balance at all times. Negative balance can result into automatic suspension and termination of your Services.

16.2. Other Customers

In the case of customers who are under normal billing cycle, we shall send invoices periodically. You should remit all charges and variable usage charges up to the date. Late payments could lead to the Suspension of Services or Firing. We are also entitled to revoke credit periods, cancel discounts or alter prices in case of late payments.

16.3. Investigations: Billing Information and Disputes.

All the available services and billing information are stored in your Customer Account. The invoices are made on agreed billing dates. You will have to give the correct details of billing and make us know any modification that has taken place with supporting documents. You should report in case of invasion differences of invoices within 7 days of receipt. Your duty is to pay invoices within the credit period, as well as to include your invoice numbers with invoice payments. In case there are open invoices, we can make payments on any of them.

16.4. Inactive Accounts

In the case of your inactive account taking 90 days, we can cancel the outstanding hosting credits within 30 days of writing notice. You shall have no claims on invalidated credits of credit. You have to challenge this by submitting a support ticket before 10 days of the notice.

16.5. Invoice Changes

An invoice amendment request should be made concerning a current or past month invoice. We might not facilitate the invoice requests that are more than two months old.

16.6. Currency

All the payments should be in Indian Rupees (INR).

16.7. Price Changes

Prices are subject to alteration at any time without any prior notice. Your task is to verify the prices in our site. Any further continued use of our Services following a price adjustment is deemed to be acceptance of the new prices. In case you do not agree with a change of price you can cancel your services through emailing.

16.8. Payment Methods

Third party payment processors are utilized. You will be liable to the mistakes committed by your bank or the processor. In case a payment has been made off your account, but not received by us, then you will be required to inquire with your bank to get the payment.

16.9. Payment by Cheque

We will take cheque only on condition that you leave a security deposit of 3 months of your average bill. This will be lost in case your cheque bounces and we can suspend or cancel your Services.

16.10. Credit Facility

We can give any credit facility at our own will and withdraw it. You have to comply with the agreed credit period. In case of late payments we might cancel the credit facility in which the future services will have to be paid beforehand.

16.11. Late Payments

Failure to pay in due time, we can mention your name to credit bureaus or collection agencies and pursue legal action to recover the same, in which case, you will be liable to all the costs incurred.

16.12. Payment Confirmation

In the case of direct bank transfer you are required to immediately forward the transaction information to our finance department at billing@hostgenx.com otherwise, your account will be suspended.

16.13. Tax Deducted at Source (TDS)

In case you subtract TDS, then you are supposed to pay it to the government and furnish us with a TDS certificate within the limits of law. Any loss we suffer thereupon is against you. There are chances of suspension of Services in case of incorrect TDS deduction.

16.14. Goods and Services Tax (GST)

In case you are liable to pay GST, then you have to ensure you maintain a valid GST registration, submit to us the correct GST details and ensure that you file in time.

16.15. Payment Disruptions

And we do not pay the amounts due due to third parties. We can also pause or cancel Services until we receive payment and are not responsible to compensate you on any loss you make because of it.

17. Confidentiality

17.1. You shall nonetheless keep the Confidential Information of HostgenX as confidential as you would your own Confidential Information of similar magnitude, but in no case less than reasonable care should you not do so. Our confidential Information shall be used by you to enforce your rights and perform your obligations under these Terms, and no other.

18. Security and Disclosure of Customer Data

18.1. Security Measures

It is your obligation to ensure that you always update your systems with security patches to the operating systems, web servers, databases, and other software. Your web applications should have high security and the secured data should also remain encrypted. Also, you are expected to make reasonable efforts to secure Customer Data of your account on our cloud servers.

We are going to take reasonable steps on a best-effort basis to assist in ensuring your Customer Data is not accidentally or illegally lost, accessed, or disclosed. Nonetheless, it is your duty to ensure that you have the Services configured and used correctly and to keep your Customer Data secure, protected and stored appropriately. This can involve encrypting your data and periodically archiving your data.

We do not ensure that we will keep up with copies of your Customer Data. This does not mean that you do not have to preserve and support your Customer Data, even where you are utilizing our backup services. We are not liable to any information loss or unavailability or any consequences thereof to the extent that it is legally allowed.

The loss of data is not the responsibility of us because of the failure of hardware or any other reason. Although we shall do our best to aid in restoring your data in the event of hardware failure, as much as we can do is to provide you with a replacement server within the shortest time possible. In case you had a backup with us, we will assist in restoring your data into the new server on best-efforts basis.

18.2. Disclosure of Customer Data

Even though we can access servers dedicated to you in order to offer Services, we are not in the habit of storing copies of Customer Data or activity logs unless such is necessitated by law. Your Customer Data will not be disclosed to a Third Party unless this is required to deliver the Services to you, or the order of a Government Authority. We need not inform you of such disclosure orders or even give you evidence of such orders.

19. Suspension of Services

19.1. Grounds for Suspension

We can suspend your Services, either wholly or partially, at our own will and without responsibility, due to the following reasons:

• You make a related failure to pay due fees by the invoice due date.

• You are a Hosting Credit Prepaid Customer and reach your credit limit.

• You or your End User breach these Terms or other Company Policies.

• You do not cooperate in our investigation of a suspected violation.

• We have a good reason to believe that our platform was accessed without permission.

• We have a reasonable belief that there is a need to protect our infrastructure through suspension.

• You violate Clause 9 (Regulation of Use of Services).

• we are obliged to do so as required by law or order of a Government Authority.

• It is security risky or a fraud against your usage

• You come to a halt of normal business or go through insolvency.

19.2. Notice of Suspension

In case of non-payment, non-credits, policy breaches, or non-cooperation (clause 19.1(i)-(iv), we are going to give you a reasonable prior notice where it is safe and reasonable to do so. The suspension will be until you can fix the problem to our content. We are entitled to suspend Services with or without notice at all other times (clauses 19.1 (v)-(x)).

19.3. Rebooting of Manually-configured Services.

In case manually configured services are suspended due to non-payment, you can request such services to be reinstated by payment of all outstanding dues and other reactivation fees at prevailing rates. We shall endeavor to re-activate payment driven services.

19.4. Reentry of Self-Service Portal Services.

In the case of suspended services because of poor balance in the Self-Service Portal ( https://my.hostgenx.com), services automatically activate after balance is replenished. Otherwise, contact our support team.

19.5. Charges During Suspension

All the fees incurred under the suspension are charged against you.

19.6. No Liability for Suspension

We do not owe any form of losses that you incur when we suspend services, including losses incurred in the business.

19.7. Each access and data during suspension.

In the course of suspension, we can shut off your access as well as your End Users. We can access or deactivate your Customer Data which we can charge a reasonable fee. Upon suspension, there is a reasonable amount of time we will give you to recover your data. You should then either come back or destroy our confidential information as directed.

19.8. Insolvency-Related Suspension

We can also suspend Services in case we know that you have gone into a state of insolvency.

19.9. Multiple Linked Accounts

In case we discover several related accounts and one of them is suspended, we can suspend the rest of the accounts.

19.10. Payment for Reactivation

When we reactivate a suspended account, we may demand full or partial payments of outstanding dues before doing so.

19.11. De-provisioning Prolonged Suspension.

Unless you request reactivation within 60 days after suspension, we could permanently terminate (De-provision) your Services. Any loss of data as a result of this action is your responsibility entirely.

20. Indemnification

20.1. You are accepting to defend, indemnify and hold harmless the Indemnified Parties against and in respect of any and all Claims and/or Losses concerning:

• Your violation of these Terms, or the violation of these Terms by your representatives, or End Users.

• Your breach or your representatives or the End Users of the Company Policies or the Applicable Law.

• Non-payment of relevant taxes like GST, TDS or any other government taxes.

• Your security breach, breach of security of your representatives or End Users.

• Dissent of you and your End Users.

• Accused violation of third-party Intellectual Property Rights by your Customer Data.

Claims covered under this indemnification cost are caused by activities of your employees, End Users or anyone who accesses the Services as a result of your failure to deploy reasonable security controls.

21. Termination

21.1. Termination by You

In order to put to rest manually defined Services, we request you to write to us at support@hostgenx.com. In the case of Services that are subscribed to via our Self-Service Portal you can cancel those Services directly via your Customer Account at https://my.hostgenx.com.

21.2. Termination for Non-Payment

In the event that you do not pay invoices on the date specified in the invoices, or do not make TDS payments and submit the consideration certificate on TDS on time and within the stipulated statutory periods, we may suspend and terminate your Services permanently.

21.3. Termination by Us

We can cancel your usage of the Services on our discretion at any time and without a warning in case we feel that you have used the Services:

• Fraudulently, unlawfully, or abusively

• In breach of Applicable Laws

• In material breach of these Terms

• In any way that poses risk to us, our Services, our resources, or other customers

In case the breach can be rectified, we may at our own discretion give you a cure period (usually 30 days unless otherwise). The inability to remedy the breach before this time will be terminated immediately.

21.4. Termination for Insolvency

We can immediately cancel Services without prior change of direction in case you stop normal business operation, go into insolvency, or go through any type of bankruptcy or liquidation process.

21.5. Effects of Termination

• We will remove all your electronically stored data, including Customer Data and backups, without liability.

• We can re-format, delete, or remove any servers that we have to release resources.

• You are liable for all charges and liabilities up to the termination date.

• You are to return or destroy (burn) our confidential information.

• Termination will not affect the provisions that are meant to survive.

21.6. Data Handover

Upon termination, we are also at our own will and accord willing to help you transfer Customer Data to other providers, also at a rate and at other agreed terms.

22. Proprietary Rights

We (or those who licence us) are entitled to all rights, titles and interests in the Services, the software, and other technology underpinning it. Throughout these Terms, we are giving you a temporary, non-transferable, revocable, non-exclusive license to use and access the Services. You have accepted that we can also identify you in our records, marketing materials, web site and client database using your logo, trademark and company name. You will allow us to use your name, logos and trademarks in our promotions.

When you submit a feedback or suggestion regarding our Services, you are giving us unlimited and unconditional authority to apply your feedback to enhance our Services and create new products.

23. Miscellaneous

23.1. Entire Agreement

These Terms, as well as our Company Policies and any other documents mentioned herein are the entire agreement between us. Words in invoices or other official written messages of us are also binding.

23.2. Force Majeure

Any delays and damages that occur based on Force Majeure Events are not our responsibility. We can end Services on the spot in case a Force Majeure Event causes us to be unable to deliver Services as per the Terms.

23.3. Email Communication

You also concede that electronic communications through email meet the legal stipulations in written communication. We will send notices to the email address that you have registered with your account and will become active on sending, whether or not you receive it. It is your duty to ensure that you maintain your email address.

23.4. Relationship of the Parties

We are independent contractors. These Terms do not form a partnership, joint venture, agency or employment relationship between us.

23.5. Assignment

Otherwise you may not assign your rights or duties under these Terms without our written permission. We can delegate our rights and liabilities without any prior notice/consent.

23.6. No Waiver

The failure to enforce any such right under these Terms does not imply any waiver.

23.7. Severability

In case one of the elements of these Terms is invalid or unenforceable, the other terms will remain in their entirety.

23.8. Non-Solicitation

You shall not during the course of your use of our services or within two years of termination request our employees to quit employment by us.

23.9. Governing Law

These Terms fall under Indian law. With regards to a dispute, the jurisdiction of the courts in New Delhi will be exclusive.

23.10. Dispute Resolution

We shall also strive to solve any differences in good faith consultation. Failure to solve within 30 days of written notice may lead to arbitration by either party of the dispute under the Mumbai Centre of International Arbitration rules. Arbitration will be done by one arbitrator in New Delhi in the English language. The award by arbitrator will be final and binding.