Effective 01 February, 2024

ON HTTPS://WWW.CLOUDKRITI.COM, WE SELL SUBSCRIPTIONS TO (I) WEBSITE-AS-A-SERVICE (WaaS), (II) FULLY-MANAGED-WORDPRESS-HOSTING AND (III) RELATED INFRASTRUCTURE, COLLECTIVELY REFERRED TO AS “SERVICE” OR “SERVICES”.

THIS TERMS OF SERVICES, THE AFFILIATE PROGRAM, THE PRIVACY POLICY DOCUMENT, AND ALL OTHER APPLICABLE TERMS (COLLECTIVELY, THE “AGREEMENT”) GOVERN YOUR USE OF SERVICES OR SOFTWARE (COLLECTIVELY, THE “SERVICE”) MADE AVAILABLE ON THIS WEBSITE.

AS USED IN THIS AGREEMENT, TERMS SUCH AS eCOMMERCE STORE, PLATFORM, PORTAL, SITE, OR WEBSITE REFERS TO THE WEBSITE MADE AVAILABLE AT HTTPS://WWW.CLOUDKRITI.COM.

AS USED IN THIS AGREEMENT, “I”, “US”, “WE” OR “OUR” REFERS TO UNAKRITI AND ITS ASSOCIATES (AS DEFINED BELOW). “YOU”, “YOUR”, “SUBSCRIBER” REFERS TO THE CLIENT, THE SERVICE CONSUMER, OR THE BUYER.

1. General

This Agreement constitutes the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Service.

Your use of this Website and/or our Services constitute your acceptance of and agreement to be bound by this Agreement, and all other rules, policies, and procedures published on this website and that may be modified from time to time without notice to you. Modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such modifications, you agree to be bound by the modified Agreement. If you do not agree to any change to this Agreement, then you must immediately stop using the Services. The term of this Agreement shall commence on the date that a Subscriber signs up for paid Services.

This Agreement applies to all users of the Service. If you are entering into this Agreement on behalf of a company, organization, or another legal entity, you are agreeing to this Agreement for that entity and representing to us that you have the authority to bind such Entity to this Agreement, in which case the terms “you” or “your” herein will refer to such entity.

You must be at least 18 years of age to use the Service. You must possess the legal right and ability to enter into this Agreement, and the performance of your obligations and use of the Services, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with our other clients’ use of Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time.

You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions.

2. Access to Services

Subject to your compliance with this Agreement, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services. If you are agreeing to this Agreement on behalf of an entity, such entity’s agents may also access and use the Services provided that such agents agree to be bound by the terms of this Agreement, and the entity remain fully liable for such agents’ actions and omissions in connection with this Agreement as if the entity had performed such acts and omissions itself. For purposes of this Agreement, agent means any entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a party.

3. Restrictions

The abuse of our servers and networks can cause irreparable monetary and reputation damage to us. All damages caused by such actions will be prosecuted to the fullest extent of the law. Any Client in violation of these restrictions will have their account immediately terminated and without notice.

3.1 General

Unless otherwise expressly permitted in writing by us, you will not and you have no right to:

1. interfere with, disrupt, alter, or modify the Services or any part thereof, or create an undue burden on the Services or the networks or services connected to the Services;
2. utilize any framing techniques, use any meta tags or other “hidden text”, to enclose any part of this Website, including our branding elements such as logo or other materials without our written consent;
3. use software or automated scripts so as to create multiple accounts or to automate interaction with the Services;
4. cover or obscure any page or part of the Services via HTML/CSS, scripting, or any other means;

3.2 Content and Service Restrictions

1. Under no circumstance is pornography or adult-oriented content permitted. We will be the sole arbiter as to what constitutes a violation of this provision.
2. Any application that creates undue strain and resource abuse on any given server and forums and any application using a commenting system without spam protection or moderation and all interactive chat web applications are strictly prohibited.
3. All web applications that are out of date and actively being exploited will be shut down immediately without notice. You should evaluate your web-based applications and scripts on a regular basis to ensure they’re secure and up to date.
4. The maximum hourly emails per domain are 200. The use of our Services to transmit unsolicited bulk/commercial email (also known as spam) is strictly forbidden.
5. The use of our Services to launch malicious cyber attacks such as Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks is strictly forbidden.

3.3 Resource Usage

1. We do not actively enforce resource usage on our Services. However, if a Client consistently exceeds the generous limits and/or start to affect the overall performance of a server, we retain the right to charge the Subscriber for overages, force an upgrade in the subscription plan, suspend and/or terminate the account.

4. Acceptable Use

1. Subscribers may not falsely imply any sponsorship or association with us.
2. Subscribers may not use our Services to engage in any activities or post, transmit, store or link to any files, materials, data, text, audio, video, images or other content that infringe on any person’s or entity’s intellectual property rights, impersonate any person or entity, or that are otherwise malicious, injurious, deceptive, or unlawful.
3. Subscribers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass, which shall be determined in our sole and absolute discretion.
4. Subscriber may not use the Services to obtain information about or make decisions about anyone but themselves.

We reserves the sole right to determine whether your content or usage meets the requirements for acceptable use.

5. Free and Trial Services

We may offer free or trial versions of the Services (“Free Services”) from time to time. With respect to each such Free Service, we will make each such Free Service available to you free of charge until the earlier of

1. the end of the free trial period (if applicable) for which you registered to use the Free Service
2. the date of Paid Services initiated by you, or
3. termination of the Free Service by us at our sole discretion

We will have no liability for any harm or damage arising out of or in connection with any Free Services.

6. Software

6.1 License

We will make available software in connection with the Services. Some software may contain open source or third party software which may have terms and restrictions regarding such software’s use.

Subject to the terms and conditions of this Agreement, we grant to you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to use the software during your use of the applicable Services in accordance with this Agreement and any related documentation (“License”).

Your License will end upon the earlier of (1) the termination of your Subscription of the Services requiring such software or (2) the termination of this Agreement.

6.2 Limitations

You will not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the compressed code or binary code portions of the Software (collectively, “Reverse Engineering”) or permit or induce the foregoing. If, however, directly applicable law prohibits enforcement of the foregoing, you may engage in Reverse Engineering solely for purposes of obtaining such information as is necessary to achieve interoperability of your own or third party software with the Software, and to the limited extent permitted by directly applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information; and (b) you have first requested such information from us and we fail to make such information available (for a fee or otherwise) under reasonable terms and conditions.

7. Intellectual Property

We respect the intellectual property of others and asks that our Clients do the same. The visual interfaces, graphics, design, compilation, information, data, computer code, software, services, and all other elements of the Service (the “materials”) provided by us are protected by all relevant intellectual property and proprietary rights and applicable laws. All materials contained in the Service are the property of us or our third-party licensors. Except as expressly authorized by us, you may not make use of the materials. We reserve all rights to the materials not granted expressly in this Agreement.

We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights.

If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to us:

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

8. Trade Sanctions and Export Control

You may not use the Service for any reason if you or any party that owns or controls you are subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the Indian Government. You may not use the Service to export or re-export any information or technology to any country, individual, or entity to which such export or re-export is restricted or prohibited.

9. Confidentiality and Security

1. You are responsible for maintaining the confidentiality of all usernames, passwords, API keys, and other access codes created by or assigned to you (“Credentials”) and are solely responsible for all activities that occur under such Credentials. You agree to notify us promptly of any actual or suspected unauthorized use of any Credentials.
2. Subscribers are responsible for the acts of others utilizing their access to the Services and will be held responsible for violations of the Services by their sub-users or persons who gain access to the Services using the Subscriber’s Credentials. Any activity that a Subscriber is prohibited from performing by this Agreement is equally prohibited to anyone using the Subscriber’s access to the Services.
3. Subscribers shall notify all persons who receive access to the Services of the provisions of this Agreement and shall inform them that the terms of this Agreement are binding upon them.
4. Subscribers shall notify us if and when they learn of any security breaches regarding the Services and shall aid in any investigation or legal action that is taken by authorities and/or us to remedy the security breach.

We reserve the right to terminate any Credentials that we reasonably determine may have been accessed or used by an unauthorized third party.

We implement security procedures to help protect our Services from security threats. However, you understand that your use of the Service necessarily involves providing us access to and the ability to modify the contents and operation of your servers and that we cannot guarantee that our security procedures will be error-free, that your data will always be secure, or that unauthorized third parties will never be able to defeat our security measures.

10. Billing and Expenses

10.1 Third-party Expenses

Subscriber shall be responsible for payment of all costs, fees, and expenses assessed by third parties in the course of using our Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Subscriber and a third-party domain name registrar.

10.2 Recurring Billing

By choosing to use our paid Services, you agree to pay us for all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms. By providing a credit card or other means of payment (“Payment Method”), you are authorizing us to charge your Payment Method on a recurring (e.g. monthly or annual) basis, as otherwise applicable for the subscription fees associated with the paid Services that you sign up for, or at any time up to the Subscriber’s current balance.

10.3 Payment Processors

We use third-party payment processors (the “Payment Processors”). The processing of payments may be subject to the terms, conditions, and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for errors by the Payment Processors.

10.4 Price Changes

We reserve the right to change the subscription fees that we charge for the Service, at any time in our sole discretion, provided that we give you at least thirty (30) days’ prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the subscription fees will take effect in the billing period immediately following our notice to you.

11. Service Level Agreement

This provision of Service-Level Agreement (SLA) is an inseparable part of this Agreement and addresses our Uptime Guarantee for web hosting services and includes remedies to situations where the guaranteed level of service is not provided. The remedies contained in this SLA are your sole and exclusive remedies for any of the issues addressed herein.

While we will not modify this SLA arbitrarily, we may do so from time-to-time. Should we make a change to this SLA, we shall notify you (e.g. by email).

11.1 Terms and Definitions

• Subscription Fee – The total amount to be paid for the total duration of your subscription.
• Signup Date – The date that you start your subscription. For example, if your subscription starts on 10 January 2021, then your Signup Date is 10 January 2021.
• Billing Period – The period of time from your Signup Date until the last day of your prepaid subscription. For example, for a 1-year subscription started on 10 January 2021, the Billing Period will be 10 January 2021—9 January 2022. In case of a renewal of your subscription, the starting day of the renewal will be considered as the new Signup Date.
• Monitoring Period – This is the basic measuring unit for all SLA-related gurantees and is typically one calendar month. However, when a Billing Period includes a monitoring period of less than one calendar month, then the SLA Credits shall be calculated on a pro-rated basis. For example, if your annual subscription started on 10 January 2021, then the first monitoring period will be from 10 January 2021—31 January 2021. Similarly, calculations for the last monitoring period from 01 January 2022 — 09 January 2022, unless the subscription is renewed, will be pro-rated too.
• End User – Visitors of your website and users of services provided through it.
• Uptime – The number of minutes or the percentage of the total number of minutes in a given monitoring period that a Customer’s website is available to End Users within any completed monitoring period.
• Downtime – The number of minutes or the percentage of the total number of minutes in a given monitoring period that a Customer’s website is not available to End Users within any completed monitoring period due to a failure directly attributed to a shortcoming in our service.
• Excused Downtime – The number of minutes or the percentage of the total number of minutes in a monitoring period that a Customer’s website is not available to End Users within any completed monitoring period due to the circumstances covered in the section “Exclusions and Disclaimers” of this document.
• SLA Credits – SLA Credits refer to a discount percentage that can be deducted from your Subscription Fee following the Billing Period in which the Downtime occurred and for which the SLA Credits were granted for.

11.2 Uptime Guarantee

We will provide service availability of 99%, calculated on a monitoring period basis. The service availability percentage will be calculated as follows:

[(Total minutes service is available in a monitoring period) DIVIDED BY (Total number of minutes in a monitoring period LESS Excused Downtime in a monitoring period)] * 100

11.3 SLA Credits

If the Uptime of your website does not meet the guarantee during any given Monitoring Period, then SLA Credits are calculated based on total Downtime in that Monitoring Period as shown in the table below. Excused Downtime does not count towards the Downtime eligible for SLA Credits.

For calculating Uptime, Downtime, SLA Credits, and discounts with regards to annual subscriptions, the annual Billing Period is divided into multiple Monitoring Periods, based on your Signup Date. Discounts are applied according to the one-month value of the Subscription Fee.

For instance, if you have an annual subscription from 10 January 2021 to 9 January 2022, and Downtime occurs in one Monthly Monitoring Period, for example, for 75 minutes in June 2021, you are eligible for 10% SLA Credits, which translate to an 8% discount. This 10% discount will not be applied to your next annual Subscription Fee, but to the one-month equivalent value of your annual subscription (1/12th of your annual Subscription Fee). If Downtime eligible for SLA Credits occurs in several Monthly Monitoring Periods, these will be added up and an equivalent number of SLA credits will be discounted from your next annual Subscription Fee.

If Downtime occurs for longer than a total of 180 minutes in a given Monthly Monitoring Period, then each subsequent 180-minute period of Downtime will be remedied with an additional 20% SLA Credits, ultimately adding up to a potential maximum of a 100% discount.

For example, if during one given Monthly Monitoring Period you experience Downtime for 15 hours or more, you will receive a 100% SLA Credits discount on one Monthly Monitoring Period of your next Subscription Fee.

11.4 How will you receive SLA Credits?

In order to receive SLA Credits, you must notify our customer support within thirty (30) days of the last day of the monthly Monitoring Period in which the Uptime of your website was less than the guranteed. If you fail to comply with this requirement, you will forfeit your right to receive the SLA Credits.

After your request is deemed eligible for SLA Credits, you will receive the appropriate amount of credits on your account associated with the website that experienced the Downtime. Your SLA Credits will be applied to the Subscription Fee of your next Billing Period at the beginning thereof, according to how SLA Credits are calculated.

11.5 Exclusions and Disclaimers

As the host, we retain our sole discretion to determine if a discount of any kind will be offered.

1. The Downtime that SLA Credits are provided for excludes Excused Downtime. Excused Downtime is the length of time our services are unavailable due to outages caused by the situations described below:
   • Scheduled Maintenance,
   • Emergency Maintenance,
   • Force Majeure,
   • Legal Action – In the event of a legal order compelling us to suspend or restrict access to your website, any resulting downtime is not eligible for SLA credits.
   • Any action or omission performed by you, your End Users, or any third party acting with your permission or direction, including any unauthorized use of our services and any use or configuration thereof that exceeds our advertised limits or recommendations,
   • Unexpected traffic reaching your website that exceeds the capabilities of your site or hosting plan,
   • Malicious attacks,
2. Scheduled Maintenance is any maintenance performed with reasonable advance notice or coordination with you. For instance, the standard maintenance window, against website’s local business timezone, is 08pm – 04am. Additionally, a Customer’s website’s cloud infrastructure provider and / or email provider may also need to perform occasional maintenance. We’ll make reasonable efforts to provide you with prior notice of any scheduled maintenance planned by such providers.
3. Emergency Maintenance is any maintenance performed without advance notice or coordination with you due to an urgent need to protect our services and the security and availability thereof as well as to protect you and your End Users.
4. We utilize and consider data from multiple monitoring tools and locations. For continuous improvement in the reliability of monitoring data, from time-to-time, we may add or remove providers of monitoring tools and website status pages. Only data available to us through our qualified providers and locations is considered valid for measuring Uptime and/or Downtime. No data provided by other third-party services serves as a cause for requesting SLA Credits.
5. SLA Credits shall not exceed 100% of the applicable fee for the Monitoring Period in which Uptime was less than the guaranteed Service Availability percentage.
6. SLA Credits may not be carried over or aggregated between Billing Periods or between subscriber accounts.
7. SLA Credits will not be paid or provided as a refund.
8. SLA Credits will not be issued for outages experienced by third-party service providers, which may be integrated with a Customer’s website, such as AWS, Auth0, Cloudflare, Google, VBOUT, WordPress dot com, Yandex, or any other, as applicable.
9. SLA Credits will be limited to only one against each incident. For example, if multiple issues occur at once, the service credit will be issued to only the root cause.
10. SLA credits will not be offered for subscriber accounts that are past due or have unresolved violations.

11.6 Response Times

We provide 24/7 support. For emergency and high priority issues, you should contact us via phone. For routine and low category issues, please contact us via email. The Response Time SLA is as follows:

12. Cancellation and Refunds

You may cancel your active subscriptions at any time. Please note that there are no refunds against a cancelled subscription. But, cancelling a subscription will cease automatic renewal of such subscriptions.

13. Termination, Modification, and Discontinuation

You will lose your license to use the Service if you violate any provision of this Agreement. Additionally, we may at our sole discretion terminate your account or suspend or terminate your access to the Service at any time, with or without notice for any reason or no reason at all.

All fees owed to us and charges accrued before such termination shall be immediately due and payable. Further, there will be no refunds payable from us to you on any advance payment. 

We reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time through the Website’s customer dashboard or by requesting account termination by sending an email to us.

Upon termination of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration.

14. Indemnity

We shall not be in breach of this contract if there is any total or partial failure of performance by us of our duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond our reasonable control.

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless us and our officers, directors, employees, consultants, contractors, Affiliates, subsidiaries and agents (collectively, the “Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with

1. your access to, use of, or alleged use of the Service
2. your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation
3. your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right
4. any disputes or issues between you and any third party

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

15. Warranty Disclaimer and Limitation of Liability

Your use of the services is at your own discretion and risk. Accordingly, we are not liable to you for any loss or damage that might arise, for example, from the service’s inoperability, unavailability, or security vulnerabilities.

In no event will we be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your access to or use of, or your inability to access or use, the services or any materials or content on the services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not we have been informed of the possibility of such damage.

16. Publicity

Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Subject to our Privacy Policy, each Subscriber agrees that we may include such Subscriber’s name and trademarks in a list of our Subscribers, online or in promotional materials. Each Subscriber also agrees that we may verbally reference such Subscriber as a Subscriber of the Services.

17. Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

18. Jurisdiction and Grievance Officer

Your use of this website and/or its business services is subject to this Agreement. In addition to the foregoing, any disputes arising under this Policy shall be governed by the laws of India and adjudicated at registered address (see below) of this website’s domain and not at any other place. In accordance with the Indian Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Mr. Abhijeet Deshpande, C 2204, Sushant City, Sector 32, Kurukshetra – 136118, Haryana, India

Email: [email protected]