loading
 
Last update: APRIL 2021Servercafe IT Hub provided to the following Terms & Conditions for Web Hosting , Website Designing , Web Development, services to the Client.

BEFOR PROCESSING PLEASE READ THIS AGREEMENT CAREFULLY TO USE ANY OUR SERVICES.

Servercafe IT Hub gives following terms and conditions, first You read after purchase

  • Please read the terms and conditions carefully before using our site. Any purchase or use of our services implies that you have read and accepted our terms and conditions and agreed to it. We have all rights to change the Terms & Conditions and Privacy Policy from time to time without any notice.
  • Information we collect from you, when you make a purchase, visit our site or use live chat with us. We enhance security measures to your personal information’s that we have with us.
  • We do not rent, share or sell your personal information’s to any other third parties without your permission. Your information’s will be secure and safe.
  • By accepting a quote, you agree to and accept the terms and conditions of Servercafe IT Hub. Acceptance can be verbal, by email, payment of Initiation, signing a quote.
  • Package details are described in our website and quotation details will be sent to the clients via email. Payments are processed through online and online payments details are given in our site.
  • For any CMS theme purchase /licence our quotation including theme purchase /licence. If the quotation is revised (purchase /licence not applicable). we will go with free theme with out any notice.
  • We provide free themes are guaranteed to function on a clean installation of CMS or when activated without any changes. Once you modify any of the theme/plugin files or include third party applications, then we cannot guarantee that the products will work.
  • We cannot guarantee that themes/plugins will function with all 3rd party components, plug-ins or web browsers. Browser compatibility should be tested against the demonstration pages on the demo server. Please ensure that the browsers you use will work with the themes as we can not guarantee that Servercafe IT Hub themes will work with all browsers combinations.
  • If any extra charges requires to the website like purchase of special fonts, stock photography, theme, plug-in, clients are responsible and they has to pay for it.
  • 30% of the amount has to be paid by the client on project confirmation and the remaining 70% has to be paid at the time of project delivery. Maintenance of 1 months will be freely available and after that client has to pay for the corrections based on the requirements.
  • If the Client fails to make any payment due to Servercafe IT Hub by the due date for payment, then, without limiting Servercafe IT Hub’s remedies under or in connection with these terms and conditions, the Client shall pay interest on the overdue amount at the rate of 4% per annum. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest together with the overdue amount.
  • Clients with accounts in default agree to pay Servercafe IT Hub reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Servercafe IT Hub in enforcing these Terms.
  • Basic SEO will be provided for the site and if any extra services have to be done it will be based on the keywords. Social media marketing is different from basic SEO and it has to be paid separately.
  • If there is any problem in the transactions of the amount or any transactions failure, clients has to clear it within 48 hours.
  • The Company reserves the right to revise or change these Terms of Service at any time.


1. Introduction


This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of Servercafe IT Hub (the “Company”) governing the use by the customer (“Customer”) of Company’s services and products (“Services and Products”). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company’s facilities, network, and Customer data contained within. The Company believes it provides the best services in the industry, and provides the following policies in the best interests of the Company and the Company’s clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Company and published at Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company’s services and products, the Customer agrees to be bound by the terms herein outlined.


2. Compliance with the Law


Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Product


3. Prohibited Uses of Services and Products


In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.


3.1. General


3.1.1. Pornography and pornographic related merchandising are prohibited under all the Company’s services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, “hacker” programs, anonymous/public proxies, proxy services, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited.

  • 3.1.2. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Customer.
  • 3.1.3. We do not allow any proxy websites, phishing content, download websites (music, videos or any copyright content), mp3 or videos download websites, fake offers websites is strictly prohibited. If we found this account will be suspended without any pre-notice.
  • 3.1.4. Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company’s Services or Products.
  • 3.1.5. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited(Any type of compressed file format and Audio/Video files). This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Servercafe IT Hub service agrees to indentify and hold harmless Servercafe IT Hub from any claims resulting from the use of the service that damages the subscriber or any other party. Servercafe IT Hub will be the sole arbiter as to what constitutes a violation of this provision.

3.2. System and Network


  • 3.2.1. Introduction of malicious programs into the Company’s network or server (e.g., viruses and worms).
  • 3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., “disruption” includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
  • 3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer’s server.
  • 3.2.4. Circumventing user authentication or security of any host, network or account. 3.2.5. Interfering with or denying service to any user other than Customer’s host (for example, denial of service attack).
  • 3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user’s terminal session, via any means, locally or via the Internet.
  • 3.2.7. Creating an “active” full time connection on a Company-provided account by using artificial means involving software, programming or any other method.
  • 3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
  • 3.2.9. We do not allow customers to run per-second cron's or mailing scripts on our any service. If we found this account will be suspended without any pre-notice.
  • 3.2.10. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
  • 3.2.11. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.

3.3 Billing


  • 3.3.1. Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.
  • 3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document “use” of the Company’s Services and Products.
  • 3.3.3. All plans include a 14-day money back guarantee. While customers may cancel service and billing at any time, refunds for payments made are not given after the initial 14 day period. * Please note there is once exception. Dedicated Servers, VPS require a minimum 5 Month Term before cancellation. If the Dedicated Server Plan must be cancelled before this term, there is a $199 early termination fee.
  • 3.3.4. Refund will be initiated on annually, biannually and triannually billing term as well as Servercafe IT Hub do not offer refund on Domains.
  • 3.3.5. Refund will not be intiated if you do not follow any of terms of service and policy

3.5. Customer Support


3.5.1. The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.


4. Indemnification of Provider/Relationship of Parties


  • 4.1. Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer’s Website provided hereunder.
  • 4.2. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer’s Website, except as necessary to maintain the Website.
  • JURISDICTION The laws of the Republic of India shall govern this agreement. In any event of dispute the area of Jurisdiction would be Bangalore, Karnataka only..

5. Security/Software


  • 5.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer’s login ID and password.
  • 5.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.
  • 5.3. Customer agrees to maintain Customers’ computing equipment responsibly, including running virus software.
  • 5.4. Uploading a virus to a Company server will result in account termination, service charges and/or prosecution.
  • 5.5. Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than initial configuration. The Company supplies technical support for hosting services that it provides only. The Company shall be the sole arbiter as to what constitutes a “hosting” issue.

6. LIMITATION AND EXCLUSION OF LIABILITY


6.1. Limitations - IN NO EVENT SHALL Servercafe IT Hub (the Company) HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Servercafe IT Hub , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. Servercafe IT Hub SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Servercafe IT Hub, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Servercafe IT Hub, TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Servercafe IT Hub, BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCURED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Servercafe IT Hub, UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Servercafe IT Hub, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION

6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
  • Interruption of Service - You hereby acknowledge and agree that Servercafe IT Hub, will not be liable for any temporary delay, outages or interruptions of the Services. Further, Servercafe IT Hub, shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
  • Maintenance - You hereby acknowledge and agree that Servercafe IT Hub, reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Servercafe IT Hub, will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
  • Backup Restore - Servercafe IT Hub is offering Free Weekly Backup on Shared Hosting, Business Hosting, Reseller Hosting. We do not offer free backup and restoration on VPS, Dedicated Server. Free backup includes weekly backup only and we also offer 1-time restoration within one month, extra restoration will be charged accordingly. If your website or app contains malicious files or any malware we are not responsible for the backup and data loss. Backup will provided if you have active service, if your service got suspended, terminated we are no more responsible for your backup or backup will not provided.
  • The backup restore service are not included in your Hosting Fees and hence there will be an admin fees of Rs.500/- or $10 per instance in any event if you want us to restore your website from our weekly backup respository. The admin fees are payable immediately and are non-refundable. We cannot guarantee the integrity of the backup on our weekly backup repository. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Servercafe IT Hub.
  • The Unlimited Policy doesn't apply to email/sql. Every unlimited shared hosting plan will have a 2GB limit for email storage and will be enforced strictly. sql have 2GB limit , Accounts found abusing our servers as email storage will be suspended / terminated with or without notice.
  • Every domain hosted under reseller accounts will have a 2GB limit for email storage and accounts exceeding 2GB will be suspended with or without notice.

  • RESELLING Reselling is not allowed on Shared hosting plans. If reselling is desired, a reseller plan must be purchased.

  • BANDWIDTH USAGE You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

  • RESELLER: CLIENT RESPONSIBILITY Resellers are responsible for supporting their clients. Servercafe IT Hub does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Servercafe IT Hub will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

7. Violation


Any attempt to undermine or cause harm to the Company server or another customer’s Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.


8. Confidentiality


  • 8.1 Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other party’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third part, any such information revealed to it by either party, as the case may be.
  • 8.2 The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.

9. Refusal of Service


  • 9.1. The Company reserves the right to refuse or cancel service in its sole discretion with no refunds.
  • 9.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation.
  • 9.3.If you have purchased web hosting with "FREE DOMAIN" then Servercafe IT Hub refund policy will only provide you "WEB HOSTING PAYMENT with Deducting Domain Cost".
  • 9.3 If the issue occured from server end Company will provide you refund with deducting the payment getaway charges.

10. Disclaimer


  • 10.1. USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.

  • 10.2. THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.

  • 10.3. PLEASE BE ADVISED THAT Servercafe IT Hub., RESERVES THE RIGHT TO REQUEST A COPY OF A VALID STATE AND OR COUNTRY IDENTIFICATION, SUCH AS A VALID STATE DRIVER LICENSE AND OR PASSPORT, ALONG WITH A VALID PAYMENT INFORMATION INCLUDED BUT NOT LIMITED TO CREDIT CARDS AND OR PAYPAL INDICATING THE LEGITIMACY OF THE ACCOUNT AND PAYMENT METHODS. THIS IS A ONE TIME REQUIREMENT FOR ALL THE NEW ACCOUNTS, TO PROTECT AND TO DETER ANY AND ALL POSSIBILITIES OF FRAUD.

  • 10.4. The Company reserves the right to revise or change these Terms of Service at any time.