Terms & Conditions

Effective Date: v3 – 29th November 2024 | Privacy Policy Document

HostingSpell LLP – Legal Framework [India – International]

1. Introduction

Welcome to HostingSpell LLP (“HostingSpell,” “we,” “us,” or “our“). We are a web hosting company based in Rajkot, Gujarat, India. We provide a wide range of web hosting services, domain registrations, and related solutions (collectively, the “Services“) to individuals and businesses.

By accessing or using our Products & Services, you (“Customer,” “you,” or “your“) agree to be bound by these Terms of Service (“Terms“). All terms are effective from the date of your electronic submission of the order. If you do not agree with these Terms, you must not use our Products & Services.

2. Definitions

• Services: All products and services offered by HostingSpell, including but not limited to web hosting, domain registration, email services, licenses, and other related services.
• Account: The user account created by the Customer to access and manage the Services.
• Content: Any data, information, text, graphics, videos, or other materials uploaded, downloaded, or appearing on the Services.
• Customer: Any individual or legal entity that uses or purchases our Services.
• Uptime: The amount of time the Services are operational and accessible, expressed as a percentage over a set period.

3. Eligibility and User Obligations

3.1 Eligibility

To use our Services, you must:

• Be at least 16 years old.
• Have the legal capacity to enter into a binding contract under Indian laws or other applicable jurisdictions.
• Not be barred from receiving the Services under the laws of India or other applicable jurisdictions.

3.2 User Obligations

• Accurate Information: You agree to provide true, accurate, current, and complete information during the registration process and to maintain and promptly update your information to keep it accurate and complete.
• Compliance with Laws: You agree to comply with all applicable laws and regulations, including the Information Technology Act, 2000, and other relevant consumer protection and data privacy laws.
• Account Responsibility: You are responsible for all activities that occur under your Account and for maintaining the confidentiality of your Account credentials.

4. Account Registration and Security

4.1 Account Creation

• Registration: To access certain Services, you must create an Account by providing the necessary information such as your name, email address, and payment details.
• Verification: We may require additional information to verify your identity before completing the registration process.

4.2 Account Security

• Confidentiality: You are responsible for maintaining the confidentiality of your username, password, or any other data or information that allows access to your Accounts or Services.
• Unauthorized Access: You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
• Liability for Actions: HostingSpell is not liable for any loss or damage arising from your failure to secure your Account credentials.

5. Acceptable Use Policy

You agree not to use the Services for any unlawful or prohibited activities, including but not limited to:

• Unlawful Content: Uploading, posting, transmitting, or otherwise making available any Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another’s privacy or safety.
• Intellectual Property Violations: Infringing upon the intellectual property rights, privacy rights, or other legal rights of third parties.
• Spamming and Phishing: Engaging in unauthorized mass mailing, spamming, or phishing activities.
• Malware Distribution: Distributing software viruses, worms, or any other malicious code.
• Security Compromises: Attempting to gain unauthorized access to any portion of the Services, other Accounts, computer systems, or networks connected to the Services.
• Resource Abuse: Overloading our infrastructure with excessive data transfer, storage, or computational demands that exceed normal usage patterns (FUP – Fair Usage Policy).

6. Payment Terms

6.1 Billing Cycles and Payment Methods

• Billing Cycles: Services are offered on various billing cycles—monthly, quarterly, semi-annually, annually, or others—as selected by you during purchase, quotations, or changes afterward due to any reasons.
• Payment Methods: We accept payments via credit/debit cards, net banking, Unified Payments Interface (UPI), Cryptocurrencies, and other methods specified on our website.
• Payment Due Date: Payments are due on the due date specified on the particular invoice. It is your responsibility to ensure that payments are made promptly. Failing to do so will result in suspension and eventual termination of the service.

6.2 Taxes and Charges

6.2.1. Domestic Customers (India):

• All payments made by customers residing in India are subject to Goods and Services Tax (GST) as per Indian tax laws.
• The applicable GST rate will be calculated and added to the invoice amount during the checkout or payment.
• Customers are required to provide a valid GSTIN (if applicable) to claim input tax credit.
• Failure to provide a GSTIN will result in the invoice being issued as unregistered, and no tax credit will be applicable.

6.2.2. International Customers (Outside India):

• Payments made by international customers are exempt from GST as per Indian tax laws, provided the service qualifies as an “export of services.”
• Customers may be subject to import taxes, duties, or VAT in their respective countries. Such taxes and duties are the sole responsibility of the customer and payment processor and will not be included in HostingSpell LLP’s invoice.
• Customers are advised to consult their local tax authority to understand any applicable taxes or fees for services rendered by HostingSpell LLP.

6.2.3. General Tax Compliance:

• HostingSpell LLP complies with Indian tax regulations and will issue tax-compliant invoices to all customers.
• The invoice will mention the breakdown of charges, including base service charges, applicable taxes, and the total amount payable.
• Any changes in applicable tax rates will be reflected in invoices as per Indian government notifications.

6.2.4. Currency Conversion and Exchange Fees (for International Customers):

• Payments made in currencies other than INR may be subject to currency conversion fees by the customer’s bank or payment processor.
• HostingSpell LLP is not responsible for any additional charges incurred due to currency exchange rates or processing fees.

6.2.5. Tax Disputes:

• Any disputes related to taxes charged or applicable must be communicated to HostingSpell LLP within 15 days of receiving the invoice.
• HostingSpell LLP will assist in clarifying tax calculations but will not be liable for disputes arising from taxes levied by foreign authorities.

By making a payment, you agree to bear any applicable taxes or fees levied by the payment processor as outlined above. For further assistance, please contact our billing team.

6.3 Refund Policy

• 7-Day Money-Back Guarantee: We offer a 7-day money-back guarantee on our hosting Services. 
• Non-Refundable: VPS, Dedicated Servers, Domain registrations, Licenses, SSL certificates, and certain third-party services are non-refundable. For further assistance, please contact our billing team.
• Refund Requests: To request a refund, you must contact our support team within 7 days of your initial purchase via ticket only to make a valid request.
• Processing Time: If the Refund Request is valid, Refunds will be processed within 5-7 working days after approval.

6.4 Consequences of Non-Payment

• Service Suspension: Failure to pay invoices by the due date may result in suspension of your Services with or without notice. HostingSpell LLP is not liable for any data loss, downtime, or inconvenience caused due to suspension or delays in service reactivation.
• Service Termination: Accounts overdue by more than 30 days may be terminated, and all associated data may be deleted with or without notice. Duration for data retention may vary based on the type of the Service.
  
• Reactivation Fees Clause:

In the event of service termination due to non-payment or breach of the Terms of Service, HostingSpell LLP may offer service reactivation under the following conditions:

1. Eligibility and Data Availability:
   • Reactivation is possible only if the service data is still available on our servers.
   • HostingSpell LLP does not guarantee the availability of data after service termination.
2. Reactivation Fee and Payment Terms:
   • A reactivation fee of ₹250 or 30% of the total service cost, whichever is higher, will be charged to restore the terminated service.
   • The reactivation fee must be paid in full before the restoration process begins.
   • Customers will be notified of the applicable fee and payment instructions upon requesting reactivation.
3. Timeframe and Limitation:
   • Reactivation requests must be submitted within the retention period specified in our data policy. Services terminated beyond the retention period may not be eligible for restoration.
   • HostingSpell LLP is not liable for any data loss, downtime, or inconvenience caused due to termination or delays in service reactivation.

By requesting reactivation, you acknowledge and agree to the terms outlined in this clause.

7. Service Level Agreement (SLA)

For Service Level Agreement (SLA) contracts, it is essential that the terms and conditions are thoroughly discussed, mutually agreed upon, and formally signed by both parties before the purchase of services. Only after this process is completed will the SLA be considered effective and binding. HostingSpell LLP will not recognize or enforce any SLA provisions unless these requirements are met. This ensures clarity and alignment between both parties regarding service expectations, responsibilities, and remedies, providing a reliable framework for delivering and maintaining the agreed-upon standards of service. 

7.1 Uptime Guarantee

• Commitment: HostingSpell guarantees a 99.9% Uptime of the Services per calendar month where applicable based on the service contracts.

7.2 Exclusions

The Uptime guarantee does not include downtime caused by:

• Scheduled Maintenance: Announced maintenance periods for upgrades or repairs.
• Force Majeure Events: Events beyond our reasonable control, such as natural disasters or governmental actions.
• Third-Party Outages: Issues arising from third-party service providers or network carriers.
• Customer Actions: Downtime resulting from your actions or misuse of the Services.

7.3 SLA Credits

• Eligibility: If Uptime falls below 99.9%, you may be eligible for a service credit as agreed upon in SLA contracts.
• Request Procedure: You must submit a written request within 7 days of the downtime event.
• Credit Limitations: Credits are calculated based on the affected Service and are not redeemable for cash.

8. Privacy and Data Protection

8.1 Data Collection and Use

• Personal Data: We collect personal information necessary for providing the Services, including name, contact details, payment, and other data and information.
• Usage Data: We may collect data on how the Services are accessed and used to improve our offerings.

8.2 Data Protection

• Compliance: HostingSpell complies with the Information Technology Act, 2000, and applicable data protection regulations.
• Security Measures: We implement industry-standard security measures to protect your data from unauthorized access or disclosure. While we strive to protect your data, no system is entirely foolproof, and we cannot guarantee absolute security. HostingSpell is not responsible for such a case or event.

8.3 User Rights

• Access and Correction: You have the right to access and correct your personal data held by us.
• Data Portability: You may request a copy of your personal data in a commonly used format.
• Withdrawal of Consent: You may withdraw consent for data processing, subject to legal and contractual restrictions where possible.

9. Content Ownership and Intellectual Property

9.1 User Content

• Ownership: You retain all rights and ownership to your Content. HostingSpell does not claim any ownership over your Content.
• License to HostingSpell: By using our Services, you grant HostingSpell a worldwide, non-exclusive, royalty-free license to host and transmit your Content as necessary for providing the Services.

9.2 HostingSpell’s Intellectual Property

• Proprietary Rights: All software, technology, and Content provided by HostingSpell are protected by intellectual property laws.
• Restrictions: You may not copy, modify, distribute, or create derivative works based on HostingSpell’s intellectual property without explicit permission.
• Trademark Usage: Unauthorized use of HostingSpell’s trademarks, logos, or other proprietary information is prohibited and subject to legal matter.

10. Limitations of Liability

10.1 General Disclaimer

• “As-Is” Basis: The Services are provided on an “as-is” and “as-available” basis without warranties of any kind.
• No Warranty: HostingSpell disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

10.2 Exclusions

• Indirect Damages: HostingSpell shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• Specific Exclusions: We are not liable for any loss of data, loss of profits, business interruption, or unauthorized access to your Account.

10.3 Maximum Liability

• Liability Cap: HostingSpell’s total liability for any claims under these Terms shall not exceed the amount paid by you for the Services during the preceding 12 months.

11. Indemnification

You agree to indemnify, defend, and hold harmless HostingSpell, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

• Your Use of Services: Any misuse or unauthorized use of the Services.
• Violation of Terms: Your breach of these Terms or any applicable laws.
• Third-Party Rights: Infringement of any third-party rights, including intellectual property or privacy rights.

12. Termination Policy

12.1 Termination by Customer

• Voluntary Termination: You may terminate your Account at any time by submitting a request through your Account dashboard or contacting customer support.
• Notice Period: A minimum notice period of 7 days before the next billing cycle is required.
• Data Retrieval: You are responsible for backing up and retrieving your data before termination. After termination, data may be permanently deleted.

12.2 Termination by HostingSpell

HostingSpell reserves the right to suspend or terminate your Services without prior notice if:

• Breach of Terms: You violate any provision of these Terms.
• Non-Payment: You fail to pay the fees due.
• Illegal Activities: You engage in activities that are illegal or compromise the security of our Services.

12.3 Effect of Termination

• Service Discontinuation: All rights granted to you under these Terms will cease immediately.
• Data Deletion: Your data and Content may be deleted and irretrievable.

13. Dispute Resolution

13.1 Negotiation

• Good Faith Efforts: Parties shall attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms through friendly negotiations through official channels.
• Friendly Conduct: All disputes, concerns, or issues related to HostingSpell LLP’s services must be addressed exclusively through our official communication channels, such as our support portal. Discussing unresolved matters on social media or other public platforms may be considered defamatory or persuasive, potentially resulting in legal or contractual actions at HostingSpell LLP’s discretion. We strongly encourage open and respectful communication through authorized channels to facilitate a prompt and amicable resolution of concerns. Failure to adhere to this conduct may result in actions taken solely at the discretion of HostingSpell LLP.

13.2 Arbitration

• Arbitration Clause: If the dispute is not resolved through negotiation within 30 days, it shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
• Arbitration Venue: All arbitration proceedings arising from or related to these Terms of Service shall be conducted exclusively in Rajkot, Gujarat, India. Parties involved must bear their own costs, including transportation, lodging, and any other associated expenses, as HostingSpell LLP will not cover or reimburse such charges.
• Arbitrator: A single arbitrator appointed mutually by the parties.
• Language: The proceedings shall be conducted in Gujarati, Hindi, or English.

13.3 Jurisdiction

• Exclusive Jurisdiction: Subject to the arbitration clause, courts in Rajkot, Gujarat, shall have exclusive jurisdiction over any disputes arising under these Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

15. Amendments to the Terms

15.1 Right to Modify

• Updates: HostingSpell reserves the right to modify or update these Terms at any time.
• Material Changes: Material changes will be communicated to you via email or through a notice on our website.

15.2 Effective Date of Changes

• Notice Period and Policy Changes: Any changes to these Terms of Service or related policies will take effect immediately upon notification or public announcement through our official channels, including our website or email. 
• Acceptance: Continued use of our services after such notification constitutes your acceptance of the updated terms.

15.3 User Responsibility

• Periodic Review: It is your responsibility to review the Terms periodically.
• Opt-Out: If you do not agree to the amended Terms of Service, you must immediately cease using the Services. Additionally, you may communicate your decision to opt out of the updated terms through our official communication channels. Failure to do so will be considered acceptance of the revised Terms.

16. Third-Party Tools and Services

• No Warranty: HostingSpell provides access to third-party tools “as is” without any warranties or representations.
• No Liability: We shall have no liability arising from or relating to your use of optional third-party tools.
• User Responsibility: Any use of third-party tools offered through the site is entirely at your own risk and discretion.
• Backup/Restore (Complimentary) Service: HostingSpell LLP provides a complimentary standard backup service for user data as part of our best-effort commitment. However, this service is offered strictly as a courtesy, and we do not guarantee the availability, accuracy, or completeness of backups. We are not liable for any failures caused by third-party tools, human errors, or unforeseen circumstances during the backup or restoration process. This includes, but is not limited to, the inability to restore deleted, damaged, or corrupted data. Customers are encouraged to maintain their own regular backups of critical data to ensure data security and reliability.

17. Service Availability and Maintenance

17.1 Scheduled Maintenance

• Right to Maintain: HostingSpell reserves the right to perform scheduled maintenance and updates to ensure optimal performance of the Services.
• Notification: In applicable cases, scheduled maintenance will be communicated at least 24 hours in advance through official channels, such as email or an announcement on our website. HostingSpell LLP reserves the right to perform urgent or unscheduled maintenance without prior notice when necessary to protect the stability and security of its services.

17.2 Emergency Maintenance

• Immediate Action: In the event of an emergency, we may perform maintenance without prior notice to address critical issues.
• Minimal Downtime: We strive to minimize downtime during emergency maintenance.

17.3 Communication Protocols

• Status Updates: Updates on maintenance activities will be provided through our website or support channels.
• User Support: Our support team remains available to assist you during maintenance periods and will make every effort to address your concerns promptly. While we strive to minimize disruptions, response times may vary depending on the nature and scope of the maintenance activities.

18. Force Majeure

• Definition: HostingSpell LLP shall not be held liable for any failure or delay in the performance of its obligations caused by circumstances beyond its reasonable control. These circumstances include, but are not limited to, natural disasters, government actions, acts of war, terrorism, cyberattacks, power or network failures, strikes, or any other unforeseen events that prevent the fulfillment of contractual obligations.
• Notification: In the event of a force majeure occurrence, HostingSpell LLP will make reasonable efforts to notify affected users through official communication channels, such as email or website announcements, as soon as practically possible.
• Mitigation: Both parties are expected to take reasonable steps to minimize the impact of the force majeure event. HostingSpell LLP will endeavor to restore normal services as quickly as possible while ensuring the safety and integrity of its infrastructure and operations.

19. Severability Clause

• Independent Provisions: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect.
• Reformation: The invalid or unenforceable provision shall be reformed to the extent necessary to make it valid and enforceable.

20. Contact Information

HostingSpell LLP.

• Registered Address: 940, RK World Tower, BRTS Stop, 150 Feet Ring Road, near Shital Park Circle, Rajkot, Gujarat 360001
• Email: support@hostingspell.com
• Support Portal: https://manage.hostingspell.com/submitticket.php
• Customer Support: +91-9409594000
  • Available Monday to Friday, 10:00 AM to 6:00 PM IST
• Website: www.hostingspell.com

Acknowledgment

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Note: This Terms of Service document is intended to provide a general understanding of HostingSpell LLP’s policies. It is recommended that you consult with legal counsel to ensure compliance with all applicable laws and regulations specific to your situation.