Draft for review. Items in [square brackets] are placeholders to be replaced with your company's actual details and policies, and the whole document should be reviewed by a lawyer before it goes live.
1. Definitions
- "Company", "we", "us" means [Company legal name], operating as Hostigrow, of [registered address], GSTIN [GSTIN].
- "Customer", "you" means the person or business that registers an account or uses our services.
- "Services" means the hosting, domain, SSL, email, web design, digital marketing and related products we provide.
- "User Content" means any files, data, emails, software and other material you store, publish or transmit using the Services.
2. Eligibility & Account Registration
You must be at least [18] years old and legally able to enter into a contract. If you register on behalf of a business, you confirm you have authority to bind it.
You must give accurate, current and complete information and keep it updated. We may ask for identity or business verification, particularly for [dedicated servers and high-risk orders], and may refuse or cancel an order if we cannot verify it.
3. Account Security & Customer Responsibilities
You are responsible for all activity under your account. Keep your passwords confidential, use strong credentials, and tell us immediately if you suspect unauthorised access.
You are responsible for keeping the software, plugins and scripts you install up to date and for complying with all laws that apply to your website and content.
4. Company Content & User Content
The Hostigrow name, logo, website, control panels and materials are owned by or licensed to us. You may not copy or reuse them without written permission.
You keep ownership of your User Content. You give us a limited, non-exclusive licence to store, copy, transmit and display it only as needed to provide the Services, run backups and comply with the law. You are responsible for your User Content and confirm you have the rights to use it.
5. Payments & Billing
- Prepayment: Services are paid in advance for the billing term you select.
- Invoices: We generate an invoice [X] days before the due date and send a reminder [X] days before it.
- Taxes: Prices are exclusive of GST and other applicable taxes unless stated otherwise.
- Credit balance: Funds added to your account balance are used against future invoices and [are not withdrawable / are refundable only as stated here].
- Late payment: Invoices not paid by the due date may carry a late fee of [X%] and may lead to suspension under section 12.
Chargebacks and payment disputes opened without first contacting us may result in suspension of your account. If you disagree with an invoice, contact [billing@yourdomain] within [X] days of the invoice date so we can review it.
6. Auto-Renewal
Unless stated otherwise at checkout, Services renew automatically for the same term at the then-current renewal price. We will send a reminder before renewal. To stop a renewal, cancel before the renewal date as described in section 9.
7. Price Changes & Coupons
We may change our prices by giving at least [30] days' notice by email or through your account. The new price applies from your next renewal.
Coupons and promotional prices apply to [first-time customers and the initial term only] unless the offer says otherwise. They cannot be combined, exchanged for cash or applied to past invoices, and we may withdraw an offer that is abused.
8. Domain Registrations & Renewals
Domain registrations and renewals are subject to the rules of the relevant registry and ICANN or equivalent authority. Domain fees are non-refundable once registered. Domains offered free with a plan are free only for the period stated, and if the plan is cancelled within the refund window we may charge the regular price of the domain.
You are responsible for renewing domains before they expire. Expired domains may be released or become subject to redemption fees.
9. Cancellation & Termination
You may cancel a Service by giving us [X] days' notice before the next renewal, through [your client portal / email to support@yourdomain]. Cancellation does not entitle you to a refund of the current paid term except as stated in section 10.
We may suspend or terminate your Services immediately if you breach these Terms, our Acceptable Use rules, or the law, or if your use threatens the security or stability of our network or other customers. You are responsible for taking your own copy of your data before cancellation.
10. Refund Policy Summary
We offer a [X]-day money-back guarantee on [new shared and WordPress hosting plans]. It does not apply to [domains, VPS, dedicated servers, SSL certificates, add-ons, and renewals]. Refunds are issued to the original payment method. Our full Refund Policy sets out the details.
11. Resource Usage & Fair Use
Shared and similar plans are designed for normal website use. To keep the service fair for everyone, the following limits apply unless your plan states otherwise:
- Files and folders (inodes): up to [X]
- Individual database size: up to [X MB]
- Email storage per account: up to [X GB]
- CPU usage: up to [X%] of a core, and memory up to [X MB]
- Bandwidth is generous but not unlimited, and must be consistent with the normal operation of a website
If your usage regularly exceeds these limits or affects other customers, we may ask you to optimise your site or move to a larger plan, and may throttle or suspend the account if you do not.
12. Suspension for Non-payment
If an invoice remains unpaid [X] days after its due date, we may suspend the Services. If it remains unpaid [X] days after suspension, we may permanently delete your account data without further notice. Deleted data cannot be recovered, so please keep your own backups.
13. Fraud
We may review orders and payments for fraud. If we suspect fraud, stolen payment instruments or false information, we may cancel the order or account without refund, report it to the relevant authorities and recover our costs where permitted by law.
14. Uptime & Maintenance
We aim for [99.9%] network uptime. Scheduled maintenance, emergency maintenance, force majeure events and problems caused by you or by third parties are excluded from this figure. Where we miss the guarantee, you may be eligible for service credits as described in our Service Level Agreement.
15. Backups & Data Loss
We take [daily] backups on [plan types] and keep them for [X] days as a courtesy to help restore services. Backups are not guaranteed and are not a substitute for your own backups. You are responsible for maintaining independent copies of your data. We are not liable for data loss except to the extent required by law.
16. Indemnification
You agree to defend and indemnify the Company, its directors, employees and partners against claims, losses and expenses (including reasonable legal fees) arising from your User Content, your use of the Services, or your breach of these Terms or the law.
17. Limitation of Liability & Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we do not guarantee that the Services will be uninterrupted or error-free, and we are not liable for indirect, incidental or consequential losses, including lost profits, revenue or data.
Our total liability for any claim relating to the Services is limited to the amount you paid us for the affected Service in the [three] months before the claim arose.
18. Governing Law & Dispute Resolution
These Terms are governed by the laws of India. We encourage you to contact us first to resolve any dispute informally. Failing that, the courts at [city], India have exclusive jurisdiction, subject to any rights you have under applicable consumer protection law.
19. Changes to These Terms
We may update these Terms from time to time. We will post the updated version here with a new "Last updated" date and, for material changes, notify you by email or through your account. Continued use of the Services after the changes take effect means you accept them.
20. Contact & Grievance Officer
[Company legal name]
[Registered address]
GSTIN: [GSTIN]
- Support & billing: [support@yourdomain]
- Phone: +91 1800-000-000
- Grievance Officer: [Name], [grievance@yourdomain]
Please also read our Privacy Policy, which explains how we handle your personal data.