Please read this agreement carefully, as it contains important information regarding your legal rights and remedies.
Effective date: 1 January 2024
This agreement describes the standard level of service that all hosting(Dedicated,VPS,Shared Hosting,Shoutcast Hosting) customers can expect from IVBM Host Online Pvt Ltd. It attempts to quantify the levels of service that all hosting customers can expect, and the remedies we offer if we fail to provide service at those levels.
IVBM Host Online Pvt Ltd. has as main objective to provide the content of the hosted site available (uptime) for access from anywhere in the world, anytime. The service downtime is defined as the loss of all IVBM Host Online Pvt Ltd. plans from its backbone providers. We do not constantly check the websites we host to ensure they are functioning correctly as routine use, maintenance and software updates can affect website functions. It is therefore the responsibility of the client to ensure their website is operating as it should. Downtime is measured after the notification by the customer via the ticketing system of IVBM Host.com about the inactivity, the moment of the interruption. If it is impossible to access the ticketing system, then a call should be made to the Customer Service Department of IVBM Host. The System Administrators of IVBM Host will determine the end of downtime.
Note: Service unavailability caused by denial of service attacks, extreme amounts of traffic in a short period of time, and/or other Denial of Service techniques is not included in uptime/downtime calculations (see below).
Service unavailability resulting from network unavailability will not be included in the Service Availability calculation. Network unavailability is defined as IVBM Host inability to pass incoming and outgoing TCP/IP traffic, including but not limited to backbone problems, problems on the customer's portion of the network, interruptions of service caused by denial of service or similar attacks or other forms of intrusion.
In the event of a IVBM Host server hardware failure, IVBM Host shall replace or repair hardware within twenty-four hours of IVBM Host's determination that the hardware has failed. Such hardware failure, and repair and replacement of the hardware and the associated downtime shall not affect the Service Availability calculation.
To guarantee optimal performance of the infrastructure, it is necessary for IVBM Host to perform routine maintenance on the servers. Such maintenance often requires taking IVBM Host servers off-line, typically performed during off-peak hours. IVBM Host will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible. Such unavailability is not included in the Service Availability calculation.
For each .1% of Service availability falling below the guaranteed 99.9% up-time guarantee, upon your notification (described below),
IVBM Host will provide you with a credit in the amount of 10% of that month's paid regular service charges.
To receive the credit you must send a request with your account IP, including all dates and times of server unavailability,
using our support system , in the month immediately following the month for which the refund is requested. IVBM Host will then
compare the information provided by you to IVBM Host's server availability monitoring data and notify you of the
issuance of any credit. A credit is issued if the unavailability warranting the refund is confirmed by IVBM Host server
monitoring data.
The total refund to you for any account may not exceed 50% of the monthly fees paid for that account during the month for which the refund is to be issued.
Generally. You may use the Service in accordance with this Agreement. You agree to adhere to all rules and regulations related to your use of the Service, including the Acceptable Use Policy.
Setting Up Your Account. To access the Services, you must create an account associated with a valid email address and place an order for a Service Offering. You are responsible for all activities that occur on your account, regardless of whether the activities are by you, your employees or a third party (including, but not limited to, a hacker that may be using your server) and we are not responsible for unauthorized access to your account. You agree to contact us immediately if an unauthorized party is using your account or server or if your account information is lost or stolen. You may terminate your account and this Agreement at any time following the Terms of this Agreement. As you place your order for Service Offerings and set up your account, the following requirements apply:
Support. The support we generally provide to you and other users of the Services without charge is as follows:
Self-managed Dedicated Server Support. All unmanaged Service has only available support is for hardware related issues. This is an unmanaged service. As such, we do not manage or back-up your data in any way. You are responsible for backing up your data.Our 24-hour onsite staff will respond to tickets regarding server hardware and service disruption issues only. Clients must manage their own data backups and all software aspects of the server, including operating system configurations beyond a base OS install. Any OS installation erases your data. You are responsible for backing up your data before requesting any OS change.
Third Party Content. Your use of any third-party content or software applications is at your sole risk.
We may change or discontinue any of the Service Offerings or change or remove features of the Service Offerings at any time without notice.
All unmanaged services have support available only for hardware-related issues. This is an unmanaged service. As such, we do not manage or back-up your data in any way. You are responsible for backing up your data.Our 24-hour onsite staff will respond to tickets regarding server hardware and service disruption issues only. Clients are required to manage their own data backups and all software aspects of the server including operating system configuration beyond a base OS install. Any OS installation erases your data. You are responsible for backing up your data before requesting any OS change.
Changes to the Service Level Agreement. We may add, change or discontinue our Service Level Agreement from time to time in accordance with the Terms of this Agreement.
Dedicated Server: Failure to make payment within 24 hours of the final due date will result in your service being suspended or terminated. and a termination fee of $75 will be assessed against your Account. WHEN SERVICE IS CANCELED, TERMINATION IMMEDIATELY ERASES YOUR DATA, AND IT IS NOT RECOVERABLE. You agree that you are solely responsible for managing and backing up your data to avoid complete data loss.
Payment Policies. IVBM Host provides Service through subscriptions. In the event you cancel a subscription, you will need to rectify the situation immediately or you may face account suspension or termination. All payments are due by 5:30 AM IST on the date of their renewal. Failure to pay at this time will result in suspension or termination of your account and you may be subject to disconnection or reconnection fees. By accepting this Agreement you understand that IVBM Host reserves the right to charge your credit card for any charges applied to your account. You understand bandwidth overages will be billed at the rate of $.50 per GB. If for any reason you file a chargeback or a dispute with PayPal, IVBM Host reserves the right to apply an administrative fee of not less than $75.00 but no more than $150.00. You understand that if an invoice becomes past due, all servers on your account will be suspended and you will be charged a $75.00 disconnection fee per server. You understand that in the event you do not pay an invoice generated by IVBM Host that has the right to send your account to a collection agency. All payments to IVBM Host are non-refundable. You understand that, in such an event, you will be responsible for all collection, legal, and attorney fees. A charge of not less than $75.00 but not more than $150.00 will also be charged to your account.
We will suspend your right to access or use any portion or all of your Service and disconnect your server immediately if we determine:
Suspension Impact. If we suspend your right to access or use any portion or all of the Service Offerings:
Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us.