TERMS OF SERVICE
KMWEBSOFT, Rajkot, Gujarat, India and Client agree that this Agreement, any and all Addendum's here to, and any and all related Service Orders which are incorporated herein by reference constitute the complete agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings, written or oral regarding such subject matter.
This Agreement shall be effective from the date Client completes the online signup, located at https://www.kmwebsoft.com/clients/ , or upon execution of the first Service Order accepted by KMWEBSOFT. Client agrees to pay KMWEBSOFT for services KMWEBSOFT provides based on the terms and conditions of the Online Order Summary, Addendums, and/or Service Orders relating to each service. KMWEBSOFT may terminate this Agreement immediately and without notice if the Client violates the terms of this Agreement, it's Acceptable Use Policies (AUP), its policies, or the law.
The use of services from Kmwebsoft. [here after referred to as "KMWEBSOFT"] constitutes agreement to these terms.
TOS v5, updated March, 2020
a. Order Acceptance / Email on file
All orders are subject to acceptance by KMWEBSOFT may refuse to accept any order. Such refusal may not be unreasonable, however, and we agree to provide the Client with notice via email of any intent to delay or decline the acceptance of any order. It is clients' responsibility to provide us with an email address which is not @ the domain(s) the Client is signing up under. If there is ever an abuse issue or we need to contact the Client, the primary email address on file will be used for this purpose. It is Clients' responsibility to ensure the email address on file is current or up to date at all times. If the Client has a domain name registered with KMWEBSOFT, it is the Client's responsibility to ensure that the contact information for the domain account and the actual domain name(s) is correct and up-to-date.
KMWEBSOFT is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If the Client need to verify or change this information, Client should contact our sales team via email. Providing false contact information of any kind may result in the termination of the Client account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If the Client fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
b. Invoicing / Payment / Service activation
Fresh order: Instant invoices are generated for services during the order process. These invoices are expected to be paid within 5 days. The unpaid orders are automatically cancelled after 5 days and fresh orders needs to be placed later on.
Existing service: Invoices are generated 7 days prior to the due date and a copy of invoice is sent to the Client Zone registered email of the Client. Service may be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by KMWEBSOFT may be turned over to an outside collection agency for collection. You agree to supply appropriate payment for the services received from KMWEBSOFT, in advance of the time period during which such services are provided. You agree that until and unless you notify KMWEBSOFT of your desire to cancel any or all services received, those services will be billed on a recurring basis.
General: Client agrees to pay all charges in advance for the service selected by the Client in the Customer Order Information form that is incorporated in these terms and conditions by reference including all monthly fees, additional product charges, and optional charges incurred by the Client. We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. Payment is due upon invoicing. Service may be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by KMWEBSOFT may be turned over to an outside collection agency for collection. You agree to supply appropriate payment for the services received from KMWEBSOFT, in advance of the time period during which such services are provided. You agree that until and unless you notify KMWEBSOFT of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of KMWEBSOFT, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify KMWEBSOFT of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by KMWEBSOFT. KMWEBSOFT reserves the right to bill your credit card or billing information on file with us. KMWEBSOFT provides a 12 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 12 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full. The 10% late fee is applied in addition to whatever else is owed to KMWEBSOFT for services rendered. Access to the account will not be restored until payment has been received. Service may be terminated anytime after this grace period.
Services are activated after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. We do not guarantee the setup within the specified time in the website. Setup time is not guaranteed during outside office hours and on weekends. No refund shall be granted on such causes. It is the customer's responsibility to notify our sales team via email at [email protected] after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and KMWEBSOFT cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Dedicated IP Address Allocation
Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of ARIN/RIPE. We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
KMWEBSOFT reserves the right to change the monthly payment amount and any other charges at anytime.
Web Hosting/Reseller Web Hosting
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote.
Basic Managed VPS Hosting/Dedicated Servers
We do not do any website transfers for these plans.
Fully Managed VPS Hosting/Dedicated Servers
We perform website transfers anytime upon request. However the no. of websites that can be transferred can be decided by the technical team depending upon the ticket flow during the time.
2.) Backups and Data Loss
Your use of this service is at your sole risk. This service is provided to you as a courtesy. Kmwebsoft is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Kmwebsoft servers.
3.) Cancellations and Refunds
Cancellations must be done through the cancellation option in the product and service details page in the Client Zone. Client can opt for immediate cancellation or cancellation at the end of the billing cycle. Once we receive your cancellation we will inform you in writing (typically email) that your account has been canceled. After we confirm the cancellation the service can never be restored.
Its the client's responsibility to stop all subscription payments upon service cancellation. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal.
KMWEBSOFT reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Kmwebsoft is not responsible for any change in exchange rates between time of payment and time of refund.
Customers may cancel at any time via a cancellation form. Kmwebsoft gives you 14 day conditional money back guarantee on shared hosting, VPS services for any customer for his/her first invoice. The money back is subject to valid reason from the Client. If the reason is a technical issue, it may be escalated to technical team for resolution and granting of refund is subject to this resolution. Refund for windows Server will be will be after deduction of license charges. Windows license charges is calculated from 1st day of the month till last day of the same month. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Bank Wire Transfers/Indian Gateway Payments
Western Union Payments
There are no refunds on dedicated servers, Cloud Servers, VPS products, administrative fees, and install fees for custom software(including windows, cpanel, plesk licenses). There are no refunds on domain registration or renewal. Credit Balance is non-refundable. There will be no money back on bulk orders.
Violations of the Terms of Service or AUP will waive the refund policy. No refunds will be provided if service is terminated due to Abuse activities.
4.) Bandwidth Usage and Calculation
You are allocated a monthly bandwidth allowance. The Bandwidth is calculated from 1st day of a month to the last day of it. Its not calculated based on your monthly billing period. The Bandwidth usage statistics gets reset every last day of the month. 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.
5.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Kmwebsoft 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'. Kmwebsoft will hold any reseller responsible for any of their clients actions that violate the law or the terms of service and acceptable use policy.
6.) Semi Dedicated Servers / VPS / Dedicated servers
Semi-dedicated servers/VPS/dedicated servers are not backed up. You must maintain your own backups.
Kmwebsoft reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Kmwebsoft reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this.
7.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on Kmwebsoft, and the right to increase the amount of resources given to plans at any time.
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price unless otherwise specified.
Kmwebsoft services, including all related equipment, networks and network devices are provided only for authorized customer use. Kmwebsoft systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Kmwebsoft system(s) constitutes consent to monitoring for these purposes.
Kmwebsoft and the Client both agree to pay any and all taxes that are imposed on Kmwebsoft or the Client's respective business. If Kmwebsoft is required to pay taxes for the Client, the Client will immediately reimburse Kmwebsoft for those taxes and any fines, penalties and interest.
By signing or accepting this Agreement the Client is stating that the Client is the owner, operator, and/or a designated officer of the business, with the authority to enter in to this Agreement, and have obtained all the necessary licenses, copyrights and/or certificates required to perform the Client's obligations. The Client will follow all laws and legal regulations that relate to the Client's business regardless of where those laws and regulations originate, and will comply with any laws and regulations that may apply in the future.
The Client is solely responsible for the Client's content, advertising and promotion, and that of anyone referring others to the Client's website. The Client is also responsible for insuring that the Client is the rightful owner or licensee for any copyrighted material, trademarks, or items that appear on the Client's website.
The Client will take all necessary measures to preclude Kmwebsoft from being made a party to any lawsuit or claim regarding the service provided to or by the Client, or any end user. The Client hereby agrees to indemnify Kmwebsoft and hold Kmwebsoft harmless from any and all claims of whatever nature brought by any anyone against Kmwebsoft in excess of the remedy set forth herein.
The Client hereby agree to reimburse Kmwebsoft for any and all expenses including legal fees associated with Kmwebsoft being involved with any civil, criminal, regulatory or investigatory actions brought by the Client or against the Client by anyone, including expenses associated with providing information that Kmwebsoft, in its sole discretion, believes it legally must provide or has been authorized by the Client to provide. The Client also understand and agree that Kmwebsoft will deduct those expenses from monies due to the Client and the Client agree to reimburse Kmwebsoft for any expense that exceeds what Kmwebsoft is able to deduct from the Client's account.
13.) Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Client will have no authority to make or accept any offers or representations on our behalf. The Client will not make any statement, whether on the Client's site or otherwise, that reasonably would contradict anything in this Section. Neither party is the agent of the other, and Kmwebsoft expressly disclaims responsibility for any conduct by the Client in violation of our terms of Agreement.
Kmwebsoft shall not be responsible for any damages your business may suffer. Kmwebsoft makes no warranties of any kind, expressed or implied for services we provide. Kmwebsoft disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Kmwebsoft and its employees.
Under no circumstances will Kmwebsoft be obligated to provide insurance coverage for any Equipment or data owned by the customer and hosted in the Premises.
16.) Responsibility for Content
The customer is solely responsible for the content stored on and served by his servers and hosting account.
17.) Governing Law and Jurisdiction
This Agreement is governed by the laws of India.
18.) Changes to the TOS
KMWEBSOFT reserves the right to revise its policies at any time without notice.