Effective Date: [28/11/2024]
These Terms & Conditions ("Terms") govern the use of hosting, cloud, VPS, dedicated server, backup, colocation, network and related services ("Services") provided by Hyperscale Relabel Hosting Private Limited ("Company", "we", "us" or "our") to the customer ("Customer", "you" or "your"). By placing an order, making payment, activating or using any Service, the Customer agrees to these Terms.
The Customer shall use the Services only for lawful purposes and in accordance with applicable laws of India. Hosting of malware, phishing, spam, illegal content, copyright-infringing material, attacks, fraud, abuse, cryptocurrency-related activities prohibited by law, or any activity that may harm the Company's network or other customers is prohibited.
The Company may suspend or terminate Services where required for security, legal compliance or prevention of abuse.
The Customer is solely responsible for its websites, applications, operating systems, data, software, credentials, licences and content hosted on the Services.
The Customer must maintain secure passwords and access credentials and must promptly notify the Company of any suspected unauthorised access.
All charges shall be paid according to the applicable quotation, invoice or order. Applicable taxes, including GST, shall be payable as applicable.
The Company may suspend Services for overdue payments after reasonable notice. Reactivation may be subject to payment of outstanding dues and applicable charges.
Where backup is included in the Customer's selected Service, the Company will maintain backups according to the purchased backup plan. The standard backup retention/recovery period shall be up to 7 days, unless a different retention period is expressly mentioned in the quotation or Service Order.
The Customer acknowledges that backup is a risk-mitigation facility and does not constitute a guarantee against data loss. The Customer remains responsible for maintaining independent backups of critical data.
Restoration is subject to backup availability, backup integrity, technical feasibility and applicable backup-service limitations.
Where backup is not specifically included in the Service Order, the Company shall have no obligation to provide backup or restore services.
For eligible new hosting/VPS/cloud services, the Customer may request cancellation and a refund within 7 calendar days from Service activation, provided that the Service has not been materially abused or used for prohibited activities.
Refunds shall be calculated after deducting applicable setup fees, domain/third-party charges, consumed resources, taxes where legally non-refundable, payment-gateway charges and other expressly non-refundable charges.
Dedicated servers, hardware, colocation, licence fees, professional services, custom configurations and third-party services may be excluded from the 7-day money-back policy where specified in the quotation or Service Order.
Refund requests must be submitted through the Company's authorised support/billing channel. Approved refunds shall normally be processed to the original payment method within a reasonable processing period.
The Company will use commercially reasonable efforts to maintain Service availability.
Scheduled maintenance, emergency maintenance, upstream network failures, data-centre failures, hardware failures, cyberattacks, DDoS attacks, force majeure events and circumstances beyond the Company's reasonable control may affect availability.
The Company may suspend or terminate a Service for non-payment, violation of these Terms, illegal activity, security threats, abuse, fraud or governmental/legal requirements.
Upon termination, the Customer must settle all outstanding amounts. Data retention after termination shall be subject to the applicable Service policy and backup-retention period.
To the maximum extent permitted by applicable Indian law, the Company shall not be liable for indirect, incidental, consequential, special or loss-of-profit damages arising from use or inability to use the Services.
The Company's aggregate liability shall, to the extent legally permissible, be limited to the fees actually paid by the Customer for the affected Service during the preceding three (3) months.
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
Each party shall retain ownership of its intellectual property. The Customer grants the Company only the limited rights necessary to provide the Services.
Both parties shall use reasonable measures to protect confidential information received from the other party.
The parties shall comply with applicable Indian laws relating to information technology, cybersecurity, privacy and personal data, as applicable to their respective activities.
The Customer shall ensure that it has the necessary rights, permissions and lawful basis for any personal data or content processed through the Services.
The Company shall not be responsible for failure or delay caused by events beyond its reasonable control, including natural disasters, fire, flood, war, government action, internet backbone failures, power failures, data-centre incidents, cyberattacks, DDoS attacks, strikes or telecommunications failures.
These Terms shall be governed by and interpreted in accordance with the laws of India, including applicable provisions of the Indian Contract Act, 1872, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, as applicable, and other applicable laws and regulations.
Subject to applicable law, courts having jurisdiction over Noida, Uttar Pradesh, India shall have jurisdiction over disputes arising from these Terms.
The Company may update these Terms from time to time. Updated Terms shall become applicable from the date notified or published by the Company.
Continued use of the Services after such update constitutes acceptance of the revised Terms.
Vijay Rajput
Director | Hyperscale
📍 Noida 59, India
Hyperscale — Your Trusted Cloud.