Terms of Service

These Terms of Service ("Terms") govern your use of cloud infrastructure and related services provided by RIMGURU Services Private Limited ("Host4India," "we," "us," or "our"). By creating an account or using our services, you agree to these Terms.

Last Updated: January 1, 2025

1. Definitions

• Services — cloud infrastructure services including virtual private servers, dedicated servers, object storage, CDN, backup services, and related offerings provided by Host4India.
• Customer Account — your account on our platform through which you manage and access Services.
• Customer Data — all data, content, code, files, and information you or your End Users store, process, or transmit using our Services. You retain all ownership rights to Customer Data.
• End User — any individual or entity that accesses or uses the Services through your Customer Account.
• Applicable Law — all Indian laws applicable to the Services, including the Information Technology Act 2000, Digital Personal Data Protection Act 2023, and Consumer Protection Act 2019.

2. Account Registration and Access

2.1 Eligibility. You must be at least 18 years old, have legal authority to enter binding contracts, have authority to bind any organization you register for, provide accurate registration information, and comply with all Applicable Laws.

2.2 Account Security. You are responsible for maintaining the confidentiality of your credentials, all activity under your account, implementing strong passwords and two-factor authentication, notifying us of any unauthorized access, and not sharing credentials.

2.3 Account Information. You must provide and maintain a valid email address, accurate billing/contact information, a valid GST number if registered, and updated technical contacts — updating within 7 days of changes. We are not responsible for failed communications due to outdated information.

2.4 Account Restrictions. Each account is for single-entity use. You may not create multiple accounts to avoid payment or evade suspensions, transfer or sell your account without our consent, or use your account to provide services that compete directly with Host4India.

3. Services and Service Levels

3.1 Service Provision. We provide Services in accordance with these Terms, our SLA, the specifications for your selected plan, and Applicable Laws and industry standards.

3.2 Service Modifications. We may modify, update, or discontinue Services or features with 30 days notice via email, website notice, or in-dashboard notification. Security patches and emergency fixes may be implemented without prior notice.

3.3 Uptime and Availability. We guarantee 99.9% uptime as detailed in our SLA. Service credits: 99.0%–99.9% → 0% credit; 95.0%–99.0% → 5% credit; below 95.0% → 15% monthly fee credit. Credits apply only to affected services and exclude scheduled maintenance or factors outside our control.

3.4 Scheduled Maintenance. Performed with at least 48 hours notice via email, with details on our status page and best efforts to minimize disruption. Emergency maintenance may be performed without notice.

3.5 Beta and Preview Features. Features marked "beta," "preview," "alpha," or "experimental" are provided as-is without SLA guarantees and may change or be discontinued at any time.

4. Acceptable Use

4.1 Prohibited Activities (summary). No illegal activities or content; no spam or unsolicited bulk email; no malware or cyberattacks; no IP infringement; no cryptocurrency mining on shared resources (dedicated servers require approval); no activities that consume excessive resources and degrade service for others.

4.2 Compliance with Laws. You must comply with the Information Technology Act 2000 and IT Rules 2021, Digital Personal Data Protection Act 2023, Copyright Act 1957, IPC provisions on cybercrimes, and CERT-IN directions.

4.3 End User Responsibility. You are responsible for all activities of your End Users, ensuring their compliance, taking action against violators, and responding to abuse complaints.

4.4 Resource Usage Limits. Fair-usage limits apply: sustained CPU above 80% for 12+ hours may trigger review; bandwidth beyond plan limits may incur charges; email sending limits apply per tier; storage must not exceed allocation.

5. Your Responsibilities

5.2 Security Measures. Keep software patched, configure firewalls and access controls, encrypt sensitive data, scan for malware/vulnerabilities, follow security best practices, and report suspected breaches to support@host4india.com.

5.3 Software Licensing. Obtain proper licenses, comply with EULAs, do not use pirated software, and maintain adequate licenses. You must cooperate with software audits.

5.4 Monitoring and Reporting. Monitor your resources, report issues promptly, respond to policy-violation notices within 24 hours, and cooperate with abuse investigations.

5.5 CERT-IN Compliance. Maintain logs for all ICT systems for at least 180 days, store logs within Indian jurisdiction, retain End User records for 5 years, report cybersecurity incidents to CERT-IN, and provide log data on request.

6. Customer Data and Privacy

6.1 Ownership. You retain all ownership rights to Customer Data. We claim no ownership or IP rights over your data.

6.2 Our Use. We access and use Customer Data only to provide and maintain the Services, address technical problems, comply with legal obligations, and enforce these Terms.

6.3 Data Protection Compliance. We process personal data per our Privacy Policy, DPDPA 2023, and the IT Act 2000. If you process personal data using our Services, you are the Data Fiduciary under DPDPA 2023.

6.4 Data Location. Customer Data is stored in data centers located in India unless you explicitly select a different region.

6.5 Government Requests. We may disclose Customer Data when required by valid court order, warrant, or subpoena, when requested by law enforcement, to prevent harm, or to protect our rights. We notify you when legally permitted.

6.6 Data Security. We implement SSL/TLS encryption, firewall and intrusion detection, access controls, regular audits, and employee training. You remain responsible for configuring security settings and protecting your credentials.

6.7 Data Breach Notification. If we discover a breach affecting Customer Data, we notify you within 72 hours via email.

7. Payment Terms

7.1 Fees. You agree to pay all fees, including subscription fees, usage-based charges, setup/migration fees, and overage charges.

7.2 Billing and Payment. Payment options include credit/debit card, net banking, UPI, bank transfer (NEFT/RTGS), and cheque/DD payable to "RIMGURU Services Private Limited". Payment is due on the invoice date; prepaid customers must maintain sufficient credits.

7.3 Invoicing. Invoices are emailed to your registered address and include service charges, usage charges, applicable taxes (GST), and the due date.

7.4 Late Payments. We send reminders; interest of 1.5% per month (18% annually) accrues on overdue amounts; Services may be suspended after 7 days past due and terminated after 30 days past due.

7.5 Taxes. All fees are exclusive of taxes. You are responsible for GST, TDS if applicable, and other government taxes. Provide a valid GSTIN if registered; we are not liable for loss of input tax credit if you fail to provide a valid GSTIN before invoice generation.

7.6 TDS Certificates. If you deduct TDS, remit it within statutory timelines and provide signed certificates quarterly via billing@host4india.com. Failure to provide certificates within deadlines is treated as short payment.

7.7 Price Changes. We may change prices with 30 days notice; changes apply to renewals after the notice period. Existing prepaid commitments honor original pricing.

7.8 Disputed Charges. Notify us in writing within 15 days of invoice date; undisputed portions remain due. We respond within 30 days.

8. Refunds

Violations of these Terms void all refund eligibility. Refunds for valid terminations are processed within 5–14 business days depending on payment method.

9. Suspension of Services

9.1 Grounds. We may suspend immediately for non-payment, violation of these Terms or the AUP, security risk, valid legal order, failure to cooperate with abuse investigations, fraudulent activity, or exhausted prepaid credits.

9.2 Process. For non-emergency suspensions we attempt email notice and allow 24–48 hours to resolve. For security threats, illegal activity, or legal orders, we may suspend immediately without notice.

9.3 During Suspension. You cannot access servers or Customer Data; Services are unavailable to End Users; charges continue to accrue; we are not liable for resulting damages.

9.4 Reactivation. Requires payment of outstanding invoices and accrued interest, a reactivation fee, resolution of the underlying issue, and any required documentation. Reactivation may take up to 48 hours.

10. Termination

10.1 By You. Cancel via your Customer Account (self-service plans), email support@host4india.com (manually provisioned), or provide 30 days written notice for annual contracts. You remain responsible for charges through the end of your billing period.

10.2 By Us. We may terminate immediately for material breach, illegal activities, security/legal risk, non-payment after 30 days, insolvency, or repeated policy violations after warnings.

10.3 Effect. Access is disabled, resources deallocated, Customer Data deleted per the retention schedule below, you remain liable for charges through termination, outstanding payments become due, and no refunds are provided for voluntary terminations or terminations for cause.

10.5 Data Export Assistance. We may assist with migration at our discretion, subject to separate fees. 10.6 Survival. Payment obligations, indemnification, limitation of liability, IP provisions, confidentiality, and dispute-resolution procedures survive termination.

11. Intellectual Property

11.1 Our IP. We own all rights to the Services and underlying software, Host4India trademarks/logos/branding, documentation, website content, and APIs. We grant you a limited, non-exclusive, non-transferable license to use the Services for your business purposes.

11.2 Your IP. You retain all rights to Customer Data and your intellectual property. 11.3 Feedback. We may use feedback to improve our offerings without compensation. 11.4 Name and Logo. We may list you as a customer unless you opt out via support@host4india.com. 11.5 Third-Party Software is licensed under separate terms you must comply with.

12. Warranties and Disclaimers

12.1 Our Warranties. We warrant we will provide Services substantially as described in our SLA, have authority to provide the Services, and use reasonable security measures.

12.2 Your Warranties. You warrant you have authority to enter these Terms, your use complies with Applicable Laws, Customer Data does not infringe third-party rights, your information is accurate, and you are not subject to insolvency proceedings.

12.4 Third-Party Services. We provide no warranties for third-party software, services, or content.

13. Limitation of Liability

13.2 Exclusion of Consequential Damages. We are not liable for loss of profits/revenue/business, loss or corruption of data, business interruption, loss of goodwill, or indirect, incidental, special, consequential, punitive, or exemplary damages — even if advised of the possibility.

13.3 Exceptions. These limitations do not apply to your payment or indemnification obligations, your violations of our IP rights, gross negligence or willful misconduct, or liabilities that cannot be limited under Applicable Law. 13.4 These limitations are a fundamental part of the basis of the bargain.

14. Indemnification

14.1 By You. You will defend, indemnify, and hold us harmless from all claims, damages, losses, and expenses (including legal fees) arising from your breach of these Terms, violation of Applicable Laws, Customer Data or your use of Services, infringement of third-party IP, activities of your End Users, failure to pay taxes, or security breaches caused by your negligence.

14.2 Process. We will notify you promptly; you control defense and settlement; we may participate at our expense; you will not settle in a way that affects our rights or admits fault without our consent. 14.3 By Us. We will defend you against claims that our Services infringe third-party IP, provided you notify us promptly, give us control of the defense, and cooperate — excluding infringement caused by your modifications or combinations.

15. Confidentiality

Confidential Information includes non-public business/technical/financial information, Customer Data, service architecture and security measures, pricing and contract terms, and information marked confidential. Each party will protect it with reasonable care, not disclose it without consent, use it only for purposes of these Terms, and limit access to those who need to know. Obligations do not apply to information that is public through no fault of the recipient, was rightfully known before disclosure, is independently developed, or must be disclosed by law (with notice where permitted).

16. Force Majeure

Neither party is liable for failure to perform due to events beyond reasonable control, including natural disasters, war/terrorism/civil unrest, government actions, pandemics, major power/internet failures, or strikes not involving our employees. The affected party will notify the other promptly. If force majeure continues for more than 30 days, either party may terminate affected Services.

17. Dispute Resolution

17.1 Informal Resolution. The parties will attempt good-faith negotiation for 30 days before formal proceedings.

17.2 Arbitration. If informal resolution fails, disputes are resolved by binding arbitration under the Arbitration and Conciliation Act, 1996, before a single arbitrator mutually appointed, seated at New Delhi, India, conducted in English, with a final and binding award.

17.3 Exceptions. Either party may seek court relief for IP infringement, urgent injunctive relief, or collection of unpaid fees. 17.4 Governing Law. These Terms are governed by the laws of India; courts in New Delhi have exclusive jurisdiction for matters not subject to arbitration.

18. General Provisions

18.1 Entire Agreement. These Terms, with our Privacy Policy, AUP, Refund Policy, and SLA, constitute the entire agreement. 18.2 Amendments. We may update these Terms by posting the updated version and notifying you via email; updated Terms take effect 30 days after notice. 18.3 Assignment. You may not assign without our consent; we may assign to affiliates or in a merger/acquisition. 18.4 Severability. Invalid provisions are modified to reflect intent; the rest remains in effect. 18.5 Waiver must be in writing. 18.6 Independent Contractors — these Terms create no partnership, agency, or employment. 18.7 Notices must be in writing; to you via your registered email, to us at legal@host4india.com or our registered office. 18.8 Export Compliance — you will comply with export/import laws. 18.9 Government Users — Services are "commercial computer software" with restricted rights.

Effective Date: January 1, 2025
These Terms of Service are governed by Indian law and comply with the Information Technology Act 2000, Digital Personal Data Protection Act 2023, and other Applicable Laws.