HostnExtra Technologies Private Limited (“HostnExtra”, “we”, “us”). This legally binding contract (the “Agreement“) is by and between HostnExtra and you and your assigns, employees, agents or contractors (“You“, “Your“, the “Client“) and is effective as of the date you purchase hosting services from HostnExtra. This Agreement sets forth the terms and conditions of Your use of HostnExtra’s services (collectively, the “Services“) and represents the entire agreement between You and HostnExtra relating to the Services. This Agreement contains provisions that set forth HostnExtra’s Acceptable Use Policy, Privacy Policy and guarantees of a certain service level (found in the sections below).

By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that HostnExtra may establish and post on its website from time to time.

Ownership and Services Purchased:

The individual or entity set out in our records as the primary billing contact shall be the owner of the account.

The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (“Service Description Page”) based on their description on the Service Description Page as of the Effective Date, as defined below. HostnExtra may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by HostnExtra as set out on the Service Description Page, are referred to as the “Services.”

Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.

Terms of Aagreement:

This Agreement becomes effective immediately when Customer clicks “I Agree.” (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of HostnExtra, or by the posting by HostnExtra of a revised version.

The term of this Agreement is set to the Customer’s billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.

Payments and Billing:

Fee for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month. All fees are billed in United States Dollars (”USD”) and are subject to change with thirty (30) days prior notice to you. Price Changes/Adjustments. To remain competitive, we occasionally make changes to our plans and pricing. To have your plan updated to current offerings please contact our billing team. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan for new invoices.

Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.

HostnExtra is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date.

As a customer of HostnExtra, it is your responsibility to ensure that all billing information on file with HostnExtra is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. HostnExtra screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. HostnExtra has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.

Late Payments and Termination

HostnExtra reserves the right to charge a late fee of 15% of due invoice or $3 which one is greater per invoice per month on late payments as a penalty. Invoices will be automatically considered late 1 day after the invoice is marked as overdue and we reserve the rights to suspend the service as soon as the service gets overdue.

In the event you fail to pay your invoice within 5 days of the due date, we reserve the right to terminate your service entirely and reformat your server.

HostnExtra is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, HostnExtra reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.

Overage Billing:

″Overage″ is defined as usage of the Services provided by HostnExtra to You in excess of the allocated limitation. Overages are charged for Bandwidth and Professional Services (administrative time) used in excess of the amount allocated to Your account. You agree to pay the then-current Overage fees and charges for the HostnExtra services, including Administrative actions and bandwidth Overage fees, upon receipt of an invoice. Overage rates are $15.00/hour for administrative fees, and $0.10/GB of Premium Bandwidth, Billed in 100GB Blocks Overage fees can be avoided by subscribing to a higher service plan.

Cancellation and Refunds:

HostnExtra is not able to schedule cancellation for a specific time or date. To submit a cancellation request, please log in to your Client Portal, and request a cancellation under “My Services.“ When you request cancellation, we will follow this process: We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel it. Then, we will immediately suspend billing and cancel the account. We are not able to provide scheduled cancellations and all cancellations are effective either immediately or at the end of your billing cycle. Regarding mid-month or mid-period cancellations, HostnExtra will not issue pro-rated refunds for cancellations received in the middle of a payment cycle. Refunds will not be given on a pro-rated basis for Services provided in a given billing period. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.

No refunds are offered on dedicated server packages, cloud servers, remote desktop, custom packages, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, dedicated IP addresses, advanced support fees, processing fees, or software licenses. HostnExtra reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, such as a WHMCS license, cPanel license or SSL certificate, from any refunds.

Money Back Guarantee Terms and Termination:

HostnExtra offers a 30 day Money Back Guarantee. This guarantee applies to shared hosting, java hosting, reseller hosting packages and for the annual billing period only. For monthly or any other term of billing we offer 15 days Money Back Guarantee. Once you cancel the service refund will be made within 10 days and if accounts cancelled/terminated by HostnExtra due to any violation of Terms or AUP do not qualify for the 15 or 30 day money back guarantee. Refund will be not provided if the service is used to test your program/script and cancel when it is done. Refunds are only provided if the server environment is incompatible or unable to provide the features required for your program/script or any issue which HostnExtra staff cannot solve. The following methods of payment are non-refundable, and refunds will be posted as credit to the hosting account for current or future Services: bank wire transfers, Western Union payments, checks, and money orders.

Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and HostnExtra is not responsible for any change in exchange rates between time of payment and time of refund. In addition, HostnExtra reserves the right to refuse a refund at any time for any or no reason.

Chargebacks and Payment Disputes

If HostnExtra receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to HostnExtra by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact HostnExtra’s billing team to address any billing issues. If HostnExtra appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to HostnExtra by the credit card company or bank. Any double payment resulting from this process will be applied to Customer’s account in the form of a service credit.

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such an event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.

Advanced Support

Support to Customer is limited to HostnExtra’s area of expertise and is available only for issues related to the physical functioning of the Services. HostnExtra does not provide support for any third party software including, but not limited to, software offered by but not developed by HostnExtra. HostnExtra reserves the right to refuse assistance with and/or assess an ”Advanced Support Fee” of $35.00 USD per hour (1 hour minimum) for any issue that, at HostnExtra’s sole discretion, is: (a) outside the scope of standard support; or (b) caused by customer error or omission. HostnExtra will always ask for your permission before providing advanced support that may be subject to a fee. By providing your permission, you agree to pay Advanced Support Fees as billed.

Backup Services

Your use of HostnExtra’s Services is at your sole risk. This service is provided to you as a courtesy. HostnExtra is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostnExtra’s servers. No backups are for cloud servers, dedicated servers, remote desktop unless you purchase backup service from HostnExtra.

Limitation of Liability; Waiver and Release:

The services offered by HostnExtra are being provided on an “AS IS“ and HostnExtra expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, HostnExtra expressly does not warrant that the HostnExtra products and/or services will meet Your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall HostnExtra be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services, even if HostnExtra is aware of or has been advised of the possibility of such damages.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Indemnification:

The Client is solely responsible for the Client’s content, advertising and promotion, and that of anyone referring others to the Client’s website. The Client is also responsible for insuring that the Client is the rightful owner or licensee for any copyrighted material, trademarks, or items that appear on the Client’s website.

The Client will take all necessary measures to preclude HostnExtra from being made a party to any lawsuit or claim regarding the service provided to or by the Client, or any end user. The Client hereby agrees to indemnify HostnExtra and hold HostnExtra harmless from any and all claims of whatever nature brought by any anyone against HostnExtra in excess of the remedy set forth herein.

The Client hereby agree to reimburse HostnExtra for any and all expenses including legal fees associated with HostnExtra being involved with any civil, criminal, regulatory or investigatory actions brought by the Client or against the Client by anyone, including expenses associated with providing information that HostnExtra, in its sole discretion, believes it legally must provide or has been authorized by the Client to provide. The Client also understand and agree that HostnExtra will deduct those expenses from monies due to the Client and the Client agree to reimburse HostnExtra for any expense that exceeds what HostnExtra is able to deduct from the Client’s account.

Termination:

You agree that You will be responsible for notifying HostnExtra should You desire to terminate Your use of HostnExtra’s Services. Notification of Your intent to terminate must be provided to HostnExtra no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.

Legal Age:

You attest that you are of legal age to enter into this Agreement.

Assignment and Resale

Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without HostnExtra’s prior express written consent.

Insurance

For additional questions, please contact our team using our [email protected].

Questions or Comments:

Under no circumstances will HostnExtra be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.

Governing Law and Jurisdiction

This Agreement is governed by the laws of India.

Relationship of Parties

Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Client will have no authority to make or accept any offers or representations on our behalf. The Client will not make any statement, whether on the Client’s site or otherwise, that reasonably would contradict anything in this Section. Neither party is the agent of the other, and HostnExtra expressly disclaims responsibility for any conduct by the Client in violation of our terms of Agreement.

Disclaimer

HostnExtra shall not be responsible for any damages your business may suffer. HostnExtra makes no warranties of any kind, expressed or implied for services we provide. HostnExtra disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostnExtra and its employees.

Taxes

HostnExtra and the Client both agree to pay any and all taxes that are imposed on HostnExtra or the Client’s respective business. If HostnExtra is required to pay taxes for the Client, the Client will immediately reimburse HostnExtra for those taxes and any fines, penalties and interest.

Changes to the Terms of Services:

HostnExtra reserves the right to revise its policies at any time without notice.