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Effective Date: 1 January 2024  |  Last Updated: 1 January 2024

1. Acceptance of Terms

By accessing our website, creating an account, or purchasing any service from ServerMili ("we", "us", "our", or "the Company"), you ("the Customer", "you", or "your") agree to be bound by these Terms of Service, our Privacy Policy, our Acceptable Use Policy, and our Service Level Agreement — collectively referred to as "the Agreement".

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. If you do not agree to these terms, you must not use our services.

We reserve the right to modify these terms at any time. Material changes will be communicated via email to registered customers at least 30 days prior to taking effect. Continued use of our services after the effective date of changes constitutes acceptance of the modified terms.

2. Services

ServerMili provides the following categories of infrastructure and hosting services:

  • Dedicated Servers: Bare-metal server leasing with full root/administrator access.
  • Virtual Private Servers (VPS): Cloud-based and managed virtual servers.
  • Colocation: Rack, half-rack, quarter-rack, and custom cage space in our data center.
  • Web Hosting: Shared hosting, WordPress hosting, and reseller hosting.
  • Managed Services: Server management, security, monitoring, and DevOps support.
  • Network Services: IP transit, DDoS protection, CDN, and DNS services.

Specific features, specifications, and service levels for each product are described on the relevant product page and in your order confirmation. In the event of a conflict between the product page and these Terms, these Terms shall prevail unless a specific service agreement states otherwise.

ServerMili reserves the right to modify, discontinue, or upgrade any service with reasonable notice. Customers affected by service discontinuation will be given at least 90 days notice and assistance with migration.

3. Payment Terms

3.1 Currency & Pricing

All prices are quoted in Indian Rupees (₹ INR) unless explicitly stated otherwise. Prices displayed on our website are exclusive of applicable taxes (GST) unless marked as "inclusive of GST". The applicable GST rate (currently 18%) will be added to all invoices as per Indian tax law.

3.2 Billing Cycles

Services are billed in advance on a monthly, quarterly, semi-annual, or annual basis depending on the billing cycle selected at the time of order. Invoices are generated automatically and sent to the registered email address at least 7 days before the due date.

3.3 Payment Methods

We accept the following payment methods: credit and debit cards (Visa, Mastercard, RuPay), UPI, net banking, bank wire transfer (NEFT/RTGS/IMPS), and selected digital wallets. All online payments are processed through PCI DSS-compliant payment gateways.

3.4 Late Payment

If payment is not received by the invoice due date, a reminder will be sent. If payment remains outstanding for more than 7 days past the due date, the service may be suspended. Services suspended for non-payment for more than 14 days may be terminated and data may be permanently deleted. A reactivation fee of ₹999 may apply to restore suspended services.

3.5 Refunds

Shared and reseller hosting plans are eligible for a full refund within 30 days of initial purchase. Dedicated servers and VPS services may be eligible for a pro-rated refund on unused prepaid months if cancelled with at least 7 days notice before the next billing cycle. Setup fees, domain registration fees, and software licence fees are non-refundable. Custom hardware procurement is non-refundable once ordered.

4. Acceptable Use Policy

You agree to use our services only for lawful purposes and in compliance with all applicable laws of India and the jurisdiction from which you operate. The following activities are strictly prohibited:

  • Illegal Activity: Any use that violates Indian law or the laws of any applicable jurisdiction, including but not limited to hosting of pirated content, distribution of malware, phishing, fraud, or child exploitation material.
  • Spam & Unsolicited Communications: Sending unsolicited bulk email, SMS, or other communications. Operating open mail relays or proxy servers used for spam distribution.
  • Network Abuse: Port scanning, network probing, DDoS attacks, or any activity designed to disrupt the operation of our network or other customers' services.
  • Resource Abuse: Consuming excessive CPU, memory, bandwidth, or storage in a manner that degrades service for other customers on shared infrastructure. Cryptocurrency mining on shared or VPS platforms is prohibited unless explicitly authorized.
  • Security Violations: Unauthorized access to other users' accounts, data, or systems. Attempting to exploit vulnerabilities in our infrastructure or other customers' services.
  • Content Restrictions: Hosting content that infringes intellectual property rights, promotes violence or hatred, or violates the Information Technology Act 2000 and its amendments.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of services without prior notice or refund. ServerMili reserves the right to report illegal activities to the appropriate law enforcement authorities.

5. Data Protection

5.1 Customer Data

You retain full ownership of all data stored on your server or hosting account ("Customer Data"). ServerMili does not access, review, or modify Customer Data except when required for service delivery (such as backup restoration upon request) or when compelled by valid legal process.

5.2 Backups

Unless your service plan explicitly includes managed backups, you are solely responsible for maintaining backups of your data. ServerMili is not liable for data loss resulting from hardware failure, customer error, security breaches, or service termination where the customer has not maintained independent backups.

5.3 Data Location

Customer Data is stored on servers located within ServerMili's data center facilities in India. We do not transfer Customer Data outside of India unless specifically requested and authorized by the customer in writing.

5.4 Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6. Limitation of Liability

To the maximum extent permitted by applicable Indian law:

  • ServerMili shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, or business interruption — regardless of the cause of action or the theory of liability.
  • ServerMili's total aggregate liability for any and all claims arising out of or relating to these Terms or the use of our services shall not exceed the total amount paid by the customer to ServerMili during the twelve (12) months immediately preceding the event giving rise to the claim.
  • Service credits issued under the Service Level Agreement represent the sole and exclusive remedy for any downtime or service failure covered by the SLA.
  • These limitations apply even if ServerMili has been advised of the possibility of such damages and regardless of the failure of the essential purpose of any limited remedy.

7. Termination

7.1 Termination by Customer

You may cancel your services at any time by submitting a cancellation request through the client area or by contacting our support team. To avoid charges for the next billing cycle, cancellation requests must be submitted at least 7 days before the next billing date.

7.2 Termination by ServerMili

ServerMili may suspend or terminate your services immediately if:

  • You violate these Terms of Service or the Acceptable Use Policy.
  • Your account is overdue for payment beyond the grace period.
  • We receive a valid legal order requiring termination of your services.
  • Your use of our services poses a threat to the security or stability of our infrastructure or other customers.

7.3 Data Retention After Termination

Upon service termination, your data will be retained for a maximum of 7 days after which it will be permanently deleted from our systems. We strongly recommend downloading all important data prior to submitting a cancellation request. ServerMili is not responsible for data loss after the retention period has expired.

8. Governing Law & Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms or the use of our services shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.

Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days. If negotiation is unsuccessful, either party may seek resolution through arbitration under the Arbitration and Conciliation Act, 1996, conducted in New Delhi in the English language.

9. Contact

If you have any questions about these Terms of Service, please contact us:

Address

Sector V, Salt Lake City, Kolkata, West Bengal 700091, India

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