DATE OF MODIFICATION: 19th Oct 2011

Mantra Tech Ventures Pvt Ltd (herein referred as ‘MTVPL’) agrees to provide quality service to it’s Clients, subject to the following Terms of Service(TOS).

MTVPL reserves the right to change TOS at any time with effective notification to users at this location. Changes such as modifications, deletions would be effective immediately on posting online. Client needs to agree that it is their responsibility to review this site periodically to be aware of any changes made regarding TOS. Clients can check whether MTVPL has revised the TOS by checking the “DATE OF MODIFICATION” as specified above. Your continued use of the services after any modifications to the TOS will constitute:

• Your acknowledgment to any changes to the TOS.
• Your agreement to abide by the modified TOS.
If you do not agree to the above points, please contact us to cancel your services.

 

Contact Information

Client agrees to provide complete and correct information to MTVPL. Contact information includes:
• Identity
• Electronic mail
• Street address
• Telephone
or any other contact information that you provide to MTVPL in order to receive or continue with the quality service. Moreover, clients need to provide MTVPL with updated contact details according to the circumstances.

 

Payment and Fees

Establishment of the services is on the receipt of payment by MTVPL on the specified charges. Subsequent payments are due on the recurring date of sign up. Mode of payments are as follows:

• Credit Card (Master/Visa/American express/Discover)
• Pay Pal (Payments need to be made at paypal@arunbansal.com)
• Debit Card/Net Banking
• Cheque/DD (Must be sent 5 days prior to the invoice due date)

Clients are responsible for any additional transactional fee charged with any payment methods.

MTVPL reserves the right to deny it’s clients the use of any payment method for, but not limited to, abuse or misuse of payment method. Abuse of payment method may lead to disciplinary action up to and would include immediate cancellation of client’s services or their on going accounts with MTVPL. If a Cheque or Demand Draft is returned for any reason, the account would be accessed with additional Rs.250 service charge. If payment for the returned check amount and service charge is not remitted by 5PM of the following business day , the services will be deactivated until the payment is received by MTVPL and will be subject to a reconnect fee. Credit cards that are declined for any reason are subject to pay Rs.50 as the declination fee.

Services will be interrupted on accounts that reach 5 days past due date. Accounts not paid by due date are subject to Rs.100 as late fee and a reconnect charge of Rs.500.

MTVPL reserves right to keep a service deactivated until the funds paid are cleared. If your service is deactivated on non-payment, the service will only be reactivated once the payment for the outstanding balance is received in full. If all services of an active account are deactivated all outstanding invoices must be paid in full before any service is to be reactivated.

 

Account Cancellation

Client must submit their cancellations by opening a ticket through http://supportmantra.com at least 7 days but not more than 30 days before the end of services billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides opening a ticket through our client portal. Client must provide all the account information on the portal to cancel an account. Only authorized account holder can cancel the account.
Client will be automatically billed for any excess bandwidth usage during the current monthly billing cycle.

 

Bandwidth

Clients agree that the bandwidth usage will not exceed the specified per month for the services ordered by the client. MTVPL will monitor clients bandwidth usage and will provide graphs of bandwidth usage. MTVPL has the right to take action if clients bandwidth usage exceeds the specified limit by client plan. Action may include:

• Additional charges
• Disconnection of any and all services
• Termination of agreement

Actions may be taken in MTVPL absolute discretion. MTVPL will communicate with clients and try to work with our clients to resolve any overage bandwidth issues before taking action which could cause a client’s service to be disconnected.

Bandwidth usage is measured on monthly client billing cycle, both incoming and outgoing traffic is included.

Client agrees to pay MTVPL if the client exceeds the bandwidth usage. MTVPL at it’s sole discretion can collect an amount of Rs.15 per GB of bandwidth used over the allocated plan. The additional fees for bandwidth overage bill not paid within 3 days of invoicing will be subject to server and service suspension. The unused bandwidth cannot be carried to the next months billing, or applied to other servers.

 

IP allocation

All IP addresses which are assigned to Client must be justified per ARIN Guidelines atwww.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.

 

SPAM and Unsolicited Commercial Email (UCE)

MTVPL has zero tolerance approach on unsolicited commercial email or spam on our network. This means that the clients of MTVPL may not indulge or permit others to use our network to carry out UCE. Clients may not permit hosting of sites, information related to UCE from other networks. Also it is not acceptable to transmit bulk email through remote SOCKS,HTTP or other proxies who direct SMTP connection to the destination mail servers. Such an act may result in account suspension or termination services. Violation of this policy may result in severe penalties which include termination of services. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

• Violation of MTVPL email policy , as outlined in the Acceptable Use Policy will result in severe penalties. Upon notification of violation of terms, MTVPL may restrict client access to the network to prevent any further violation. If found to be under violation of our AUP after investigation, MTVPL at it’s discretion restrict, suspend, terminate customer’s account. MTVPL reserves right to notify the law enforcement officials if the violation is believed to be a criminal offense.
• As our clients are ultimately responsible for the actions of their clients over MTVPL’s network, it is advisable to our clients that they develop a similar, stricter policy for their clients.

 

Refunds and Disputes

All payments made to MTVPL are non- refundable. This includes:

• One time setup fees
• Prepayment fees
• Subsequent charges

The above charges are regardless of usage. Client will not be entitled to any refunds, allocated or otherwise in the event of termination of this agreement by MTVPL according to the terms. All billing disputes, overcharging must be reported within 60 days of the dispute occurred. If you dispute a charge to your credit card issuer or payment provider (chargeback) that, in MTVPL’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay MTVPL an “Administrative Fee” of not less than Rs.1000 and not more than Rs.2500.

 

Courtesy Transfer Service

MTVPL performs all the account transfer, server transfer, cpanel transfer, account moves and other services from a third party service to MTVPL service. By requesting MTVPL to transfer, the clients agree to protect against any damage and hold MTVPL harmless for any and all liability arising from transfer/copying of clients accounts. Clients also agree MTVPL is not responsible for any issues related to transfer of accounts both on MTVPL services and any other third party service from which MTVPL may be transferring the clients accounts from, including but not limited to:

• Missing or corrupted files
• Improper transferred accounts
• Any and all fees that the client may incur from the third party service provider(bandwidth fees, charges from delays in transferring account, settings, files from third party, downtime or outages, DNS problems, accounts set up on incorrect IP addresses)
• Any issue third party services which delay/prevent MTVPL from performing the service.

MTVPL takes no guarantee regarding the availability of transfer service or amount of time to perform transfers. MTVPL can perform transfers from any third party service which uses the same control panel that is used on the clients MTVPL service( i.e. cpanel). MTVPL will still try to provide best assistance which includes:

• Advice on file transfer and configurations
• DNS settings
• MySQL database imports
• General assistance for clients whose third party service does not use the same control panel

 

VPS Weekly Backups

MTVPL performs weekly backups of VPS accounts. MTVPL is not responsible for any integrity, completeness, or freshness of your VPS backup. MTVPL recommends you to have your own backup system in place. VPS backups are intended for disaster recovery only. MTVPL reserves the right to charge fees for restore which are requested that are not for disaster recovery purposes.

 

Excessive Upgrades and Downgrades

MTVPL does not charge any fees for account upgrades and downgrades. However the upgrades and downgrades between virtualized accounts and full dedicated server accounts is very intensive and time consuming process because it includes changing of primary disk in dedicated servers. MTVPL reserves right to charge for any upgrades and downgrades at the hourly rate of Rs. 500 per hour if the client has made any excessive upgrades or downgrade request. MTVPL has the sole right to decide what is considered “excessive”.

 

Harassment and Abuse

MTVPL has no tolerance over abuse of any kind towards it’s employees. This includes all verbal harassment, yelling, swearing, rudeness, threats and any other disruptive behaviour that is directed to MTVPL or any of it’s employees or agents. Clients agrees to engage with MTVPL in a professional manner whether by email, helpdesk tickets, live chats, forums, or on the telephone. Any abuse will be considered to be violation of this Terms of Service agreement. No refunds will be given for any service termination which arises as a result of violation of this clause.

 

Damages

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of MTVPL and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that MTVPL shall not be liable for any damages arising from such causes beyond the direct and exclusive control of MTVPL. Client further acknowledges that MTVPL’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall MTVPL be liable for any special or consequential damages, loss or injury.

MTVPL is not responsible for any damages your business may suffer. MTVPL does not make implied or written warranties for any of our services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by MTVPL.

 

Non-Waiver

Client agrees that MTVPL’s failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by MTVPL of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice MTVPL from exercising thereafter the same or other rights, remedies, or options.

 

Force Majeure

You agree that MTVPL is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.

 

Miscellaneous

We reserve the right to refuse service to anyone at any time for any reason.

MTVPL is not responsible for data integrity on equipment reclaimed for non-payment.

Client’s agree to pay all taxes applicable to their account.

Anything not explicitly stated in this TOS is subject to interpretation at MTVPL’s sole and absolute discretion.

You, as MTVPL’s client, are solely responsible for the content stored on and served by your MTVPL service.

 

Contact

Please direct all questions regarding this TOS to legal@mantraventures.com