This agreement is held between the Client (hereby referred to as “You”, “Your”, “User”, “Client”), and Cenmax Exim Limited (hereby referred as “Cenmax”, “Service Provider”, “We”, “Our”, “us”). Each and every customer of Cenmax has electronically acknowledged that they have read and accepted this agreement at the time of signup.
You represent to us that you are lawfully able to enter into contracts and are at least 18 years of age. If you are entering into this Agreement for an entity, such as a company, you represent to us that you have the legal authority to bind that entity.
If you are not at least 18 years of age or older or if you are not fully able and competent to enter into the terms, conditions, and representations set forth in this Agreement, please exit the site and we request you not to use our services.
We require all our clients to provide us with authentic contact information. Any accounts found with invalid or inadequate contact information will be manually checked by one of our billing agents before the order is provisioned/delivered.
At Cenmax, we periodically update these policies to provide you with a better service. The latest copy of the policy will only be deemed valid. Whenever there’s a change to our policies, we’ll try our best to notify you about the changes through the mail. Cenmax also reserves the right to change the policies without any prior information, or notification.
We accept only Prepaid mode of payments. Payments shall be made via PayPal, Credit Cards, UPI, IMPS, or any other payment options suggested by Sales Executive. We allow customers to add Client Balances, A in-store stored value that can be used for future services, renewals, and payments. Client balances possess Zero Value on real-world currencies. Prepayments and Client Balances (Often referred to as Account Credits) are not eligible for refunds.
We allow you to add a credit card or create a PayPal billing agreement to facilitate the automatic billing of your services. By doing so, you agree that your payment method on file will be charged periodically through automatic means unless you cancel your service and billing agreement. If you’d not like to renew your service with us, you can contact our sales team 5 days before the billing due-date so that we can get your subscription canceled properly.
What happens when we fail to receive your payment on-time?
We’ll provide you with 12 hours grace time from the actual due date to renew your service. If we don’t receive your payment within 12 hours of grace time, your service will be brought down with all associated data. Such that you’ll not be able to download, or make a copy of your data. This action is called a suspension. Once your service is suspended for non-payment, we’ll retain the data of your hosting account for 15 days in offline means. If we fail to receive your payment within 15 days from suspension, all data will be removed from our servers and your data will be permanently deleted and can never be retrieved.
When you’re not able to pay your service invoice on time, you can seek an extension for paying your bill from our sales team with proper reasoning. Our team will appraise your account and will provide a billing extension if your account is eligible under internal policies.
Customers are ultimately responsible for managing their servers and IP space. If any of our client abuses the network, it will impact all our customers.
We proactively monitor our IP space and we require all our users to stay compliant with CAN-SPAM Act of the United States. If we detect our IP space is being abused (which is a punishable crime as per the US Laws), the service will be terminated without any refunds of any kind. The complete account of the client will be brought down, and all his/her services will be terminated without refunds as well.
We record all IP spaces and their blacklist status before delivery of their order. If any new blacklists are recorded on the IP address during the usage of a client, the client has to pay $25 per new blacklist per IP. For instance, if a single IP is blacklisted in 3 IP-DBs, the client has to pay $75 when they can their service. If a customer fails to pay the delist fees mentioned before, legal actions against the customer will be taken through honorable courts and justice departments.
Though we try our level best to secure our servers and services using intuitive software and equipment, we don’t guarantee that the service will be 100% secure. We’re not liable for any losses incurred due to the service and its security. Customers are ultimately responsible for keeping their accounts, servers, and services secure.
Support from Cenmax is provided for users on a best-effort basis.
Hosting support includes help related to hosting related problems only. If you’re facing a problem with the code environment, or if you have any issues with accessing the service, or if you want to do anything from the hosting level, we can help you with that without any exception.
We don’t offer debugging, application-level, or code-level support. All these things should be handled by your website developer.
We provide complimentary backup service with shared services (shared web hosting, cloud hosting, WordPress hosting). Complimentary backup service is provided on a best effort basis, and we store only the latest copy of backup on our backup server. For example, if today is thursday, we only hold the backup of wednesday. And backups will be overwritten everyday.
You acknowledge and agree that it is your responsibility to regularly backup all your Content and store it locally in order to prevent potential data loss.
We have built our infrastructure and platform right from the ground up with your uptime in mind. Cloud hosting and WordPress hosting comes with a 100% Uptime guarantee and all other solutions including Dedicated Servers and VPS comes with a 99.9% uptime guarantee.
If we fail to provide you with the above-specified uptime, we’ll reimburse you 1% of your recurring monthly cost for every hour of downtime up to 10% of the total value of the subscription.
The monthly cost will be determined in the case of Annual payments by dividing the Annual payment into 12.
You acknowledge that the maximum amount of reimbursement would be 10% of a monthly cost and not more than that.
All uptime reimbursements will be offered only in the form of account credit which can be used for renewal and purchase of new services from Cenmax.
Uptime SLA Terms & Conditions:
To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold Cenmax, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including Cenmax’s licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s). You agree that the foregoing limitations apply whether based on warranty, contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a consumer will not be affected.
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