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This agreement is held between the Client (hereby referred to as “You”, “Your”, “User”, “Client”), and Cenmax Systems Private 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 modes of payment. 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.
Subscription Payments:
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.
Billing Extensions:
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.
When you take such an extension, you will receive a grace period for clearing those invoices with our representatives. If payments stand unpaid even after the grace period alloted, the outstanding invoices will be processed as per our Collection process outlined in the below sections.
Dynamic Costs (Usage based billing):
Some of our products are billed on overage basis. Bandwidth is a good example. When you purchase a VPS or Dedicated Server from Cenmax, you, by default, get a initial allocation of specific amount of bandwidth (ie., 5TB a month). However, Cenmax does not restrict your services after this limit. Instead, you will get a bill/invoice for overusage for bandwidth at the end of the month. As this bill/invoice is generated for actual usage incurred by you through your services, unlike regular bills/invoices which are generated for future usage on prepaid basis, these invoices/bills cannot be voided and if unpaid within the due date, the invoice will go through our collection process outlined in the below sections.
Here are some of the dynamic billing componenets of our services, along with charges:
– Bandwidth (usually billed at $40/TB for Dedicated Servers, $6/TB for US-based Regular VPS and $100/TB for our GEO VPS product range, respectively. Unless otherwise explicity stated on our Sales pages or suggested by a Cenmax Billing Representative.)
– cPanel licenses (as per official tariff)
Collection Process:
When there is an overdue invoice for Dynamic costs, or when an invoice stands unpaid even after a billing extension is allotted and exhausted, those overdue invoices are processed through Collection Agents.
When your due amount has been be forwarded to a debt collection agency, the collection agency might freeze your assets, provide the details of the debt to credit bureaus affecting your credit score, and subject you to a legal litigation process at their own discretion. In addition to that, you’ll also owe the collection agency’s fees.
Customers are ultimately responsible for managing their servers and IP space. If any of our clients abuse the network, it will impact all our customers.
We proactively monitor our IP space and we require all our users to stay compliant with the 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 the 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 cancel 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.
The services provided by Cenmax are meant for only legal use cases. Our services and our network at no given time can be used for illegitimate purposes.
You agree that, at no point in time, you’ll use our service or our network to carry out illegal activities as per the laws of the land where your content is physically hosted. For example, if your server is located in India, you should comply with the local laws of the land, which in this case is India.
We prohibit the usage of our service, including but not limited to the following activities:
– Content that aims at defaming a particular religion, race, caste, country, or person.
– IP Spoofing activities.
– Sending Spam emails
– Child Pornography.
– Phishing/Fraudulent Activities.
– Illegal IRC, Bittorrent or P2P.
– Copyrights and Trademark Infringement.
Shared Hosting Specific AUP
This section inherits the AUP and applies further terms for all our shared products, including Web hosting, Cloud hosting, and WordPress hosting. The users of our shared services must comply with the terms specified here in this section and the AUP specified above.
Shared hosting services are meant for small and medium websites. You acknowledge that our shared services are not meant to be used for any enterprise applications or a heavy-workload environment.
You acknowledge that our shared services cannot be used for data-sharing, file-sharing, or for backing up professional or personal files. Our shared services are meant only for websites and web applications; all the files on your hosting account should correspond with your website. Any user found to be using the shared services for use-cases other than that of website and web application hosting purpose will be counted as an AUP violation.
And shared services, using more than 25% of a node’s resources for more than 10 minutes, would be considered as a violation of the AUP.
Web spiders, indexers, P2P, Bulk Mailing, and Newsletter activities are prohibited on shared services.
Our normal web hosting (with he exception of Cloud and WordPress Web hosting) accounts come with the following limits on a per-account basis:
– 1 vCPU Core
– 1GB RAM
– 100,000 inodes
– 20 CC PHP Users
Violation of AUP
When we find a specific service that has violated our AUP, we reserve the right to set up an investigation, and based on the responses we receive from the client, we will determine whether the violation was intentional or unintentional.
If we believe that a user intentionally violated the AUP (at our discretion), we reserve the right to terminate the service without any investigation.
If we find the user unintentionally violated the AUP, we’ll warn the user and leave the service unaffected. If a user receives two unintentional warnings within a specified period, the violation will be deemed intentional, and the service will be terminated without refunds.
Services terminated for violation of AUP will not be refunded and sometimes will be reported to FraudRecord for screening purposes.
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. You acknowledge that even paid security services such as the Enhanced Security Addon for VPS and Dedicated server, UTM Firewall, Linux Server Security firewall service, and all other managed server security services offered by Cenmax are offered on a best-effort basis with no guarantees and/or warranties. We’re not liable for any losses incurred due to the service and its security. Customers are ultimately responsible for securing their accounts, servers, and services.
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, 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, even with paid support plans such as Managed Support and Per-Instance Support. Your website developer should handle all these things.
We offer server-to-server migration on select plans on a best-effort basis. We don’t guarantee that your website or its data will be migrated completely. You acknowledge that this service is offered free of cost on a best-effort basis, and in some instances, we may require additional payments to process the migration should there be a need for a lot of manual work to complete the activity.
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 the backup on our backup server. For example, if today is Thursday, we only hold the backup of Wednesday. And backups will be overwritten every day.
In some plans, we may retain more copies up to the last 60 days. The number of will be explicitly mentioned on the sales pages. Unless otherwise specified on the sales pages, if the service comes with free backup, it comes with only one copy retention.
You acknowledge and agree that it is your responsibility to regularly back up all your Content and store it locally in order to prevent potential data loss as Cenmax doesn’t guarantee the reliability of the free and paid backups services provided.
With your uptime in mind, we have built our infrastructure and platform right from the ground up. Cloud hosting and WordPress hosting come with a 100% Uptime guarantee, and all other solutions, including all other Web Hosting, Dedicated Servers, and VPS (unless otherwise specified on Sales pages), come 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 monthly subscription.
The monthly cost will be determined in case of Annual payments by dividing the Annual payment into 12, likewise for Biannual and 3-year purchases. You acknowledge that the maximum reimbursement amount would be 10% of the 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:
Non-refundable products:
Dedicated Servers, VPS Servers, Domains, Email Servers, SSL Certificates, Software licenses, Software lease, Software addons, SaaS, Server addons, VPS addons, Setup fees, Web development, Software development, and service fees are not refundable due to the nature of the service. These products are not covered under the 30-day moneyback policy.
30-Day Money-Back Policy:
All our shared services (including web hosting, cloud hosting & WordPress hosting) are eligible for a 30-day moneyback guarantee. If you’re not satisfied with your service, you can get in touch with our billing team within 30 days to get a full refund for your service.
30-Day Money-Back Policy Terms and 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.
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