Terms And Condition
1. Term and Termination:
Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer. Please carefully review JTE Cloud ’s cancellation policy set forth in Paragraph 7 below. JTE Cloud may terminate this Agreement upon non-payment as set forth in paragraph 11 below. At its sole discretion, JTE Cloud may terminate this Agreement if Customer violates any terms and conditions of JTE Cloud ’s AUP.
2. Monthly Service Fees:
Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
3. Upgrade Fees:
Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
4. Additional Service Fees:
Additional services ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
5. One Time Fees:
One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
6. Service Credits:
Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.
Because cancellation is automated, JTE Cloud requires a written cancellation notice via the customer portal or mail, a minimum of 72 hours prior from the Anniversary Billing Date for discontinuance or downgrades of month to month services. Failure to supply the requisite 72 hours written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is required through the online Customer portal located at http://jtegroup.net. All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.
8. Refund Policy :
We do honor requests for the refund on the following reasons:
All Web Hosting (Linux and Windows) plans have a 30 day money back guarantee. In case you are not satisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of the activation of your account.
Product not-as-described: such issues should be reported to our Technical Support Department within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer's false expectations or wishes are not honored. This guarantee applies to new hosting subscriptions only and NOT for domain registrations or any other services (like Dedicated IP, SSL, CPanel License etc). This guarantee applies to Shared Hosting and Reseller Hosting only (and NOT applicable to Dedicated Servers, Virtual Private Server, Domain Registrations).
Setup fees are refundable for the following reasons only: (1) the account order is canceled prior to activation; or (2) the domain name was not available at the InterNIC.
» Policy for Domains : Domain Name sales are made final at the time of purchase. You are the sole owner of any domain names registered through our services upon payment in full. Should you decide to leave our service for another provider, domain names are transferable and therefore not eligible for refunds.
Changes to registered domain names cannot be made once it has been purchased with a domain registry. It is very important that you verify the spelling of your domain name and have someone else read it as well to ensure it is exactly as expected.
» Cancellation & Refund Policy for Dedicated/ Virtual Private Servers :
The following rules apply to cancellation / refund of Dedicated Servers only:
1) You must request a cancellation BEFORE 15 days of your next renewal date. Failure to request a cancellation before 15 days of renewal will attract next month's renewal amount to be paid.
2) No refund will be issued for the current billing cycle.
3) If you pre-paid for your dedicated or Virtual Private Server, we will refund your future month's payments as long as you request a cancellation BEFORE 15 days of your next renewal date. Your pro-rata refund amount will start from the beginning of next month's billing cycle.
Requests for a refund are accepted at [email protected] within the period of 30 days after the order is placed. You should raise this request with detailed and grounded reasons why you apply for a refund. Please make sure your request does not contradict our Terms and Conditions. However, any refund request that is made after 30 days of the Order, then such a request would not be processed under any circumstance.
9. Promises we DO NOT MAKE :
1) We do not promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information and property.
2) We disclaim any and all warranties not expressly stated in the Agreement to the maximum extent permitted by law, including the implied warranties relating to satisfactory quality and fitness for a particular purpose. You are solely responsible for the suitability of the services chosen. Any services that we are not contractually obligated to provide but that we may perform for you at your request and without any additional charge are provided on an ‘AS IS’ basis.
3) We do not have knowledge of the data you store within your Hosted System, including the quantity, value or use of the data. You are therefore responsible to take all reasonable steps to mitigate the risks inherent in the provision of the Services, including loss of your data, including any PII (as defined in the applicable Product Terms and Conditions) or “cardholder data” as that term is defined in the Payment Card Industry-Data Security Standard. The Services that JTE Cloud has agreed to provide to assist you to mitigate such loss (if required) are set out in the Services Description, which may include backup services and geographically redundant servers. JTE Cloud does not promise to back up your data unless you have purchased backup services. If you purchase backup services JTE Cloud does not promise to retain any data backup(s) for longer than the agreed data retention period as set out in the Services Description. In all events, you release JTE Cloud from liability for loss of data to the extent that the data has changed since the time that we were last required by the Agreement to perform a backup.
4) We will provide Support only to your administrative or technical contacts listed on your account. We will not provide support directly to your end users unless specifically agreed in writing.
5) Certain JTE Cloud Services are designed to help you comply with various regulatory requirements that may be applicable to you. However, you are responsible for understanding the regulatory requirements applicable to your business and for selecting and using those Services in a manner that complies with the applicable requirements.
10. UNAUTHORISED ACCESS to Your Data or Use Of Tha Data :
JTE Cloud is not responsible to you or any third party for unauthorised access to your data or the unauthorised use of the Services unless the unauthorised access or use results from JTE’s failure to meet its security obligations stated (Our Obligations) of these General Terms and Conditions or the Services Description. You are responsible for the use of the Services by any employee of yours, any person you authorise to use the Services, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorised by you.
All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer services. Customer will, however, be permitted access to data and services through the service network. Failure to remit payment for services within seven (7) consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of $20 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A $50 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.
JTE Cloud agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. In the event that JTE Cloud handles Customer data, i.e. when replacing hard drives, JTE Cloud will act in accordance with PCI guidelines to ensure data is securely handled.
13. Identity Use:
Customer agrees to use the JTE Cloud logo, JTE Cloud information, and related services in accordance with JTE Group’s approved marketing guidelines. JTE Cloud agrees not to use Customer name, logos, or information without prior written consent of Customer.
14.Permitted Use :
By accepting the Master Service Agreement, Customer agrees to use JTE Cloud’s services solely for their intended purposes. CUSTOMER SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF JTE Cloud’S SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, JTE Cloud reserves the right to immediately terminate Customer’s account and will pursue any and all legal remedies available.
Customer agrees to abide by all local, state, and India laws pursuant to services delivered in India, or Abroad. Proper venue for legal remedies shall be Delhi High Court. All contract terms found herein shall be governed by Indian Law
Customer agrees to indemnify and hold harmless JTE Cloud affiliates, and each of its respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to Customer's content and/or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
17.Limitation of Liability:
Except as described in the SLA, JTE Cloud shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this Master Service Agreement, the maximum aggregate liability of JTE Cloud and any of its employees, agents or affiliates, under any theory of law shall not exceed the amount paid by the Customer for hosting services for the six moths prior to the occurrence of the event(s) giving rise to the claim.
18. Electronic Signature:
Acceptance by Customer of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.