Please read this page carefully prior to ordering services from us, and make sure you understand what it says. It's a binding contract between WEB5 INDIA, and you. If you have any questions about what you see on this page, please feel free to contact us by opening a ticket through our Support Center.
The Services We Provide
We will provide the services according to the specifications listed for the cloud hosting package you select during the signup process. All our cloud hosting plans and products carry a fee that has to be paid in advance (upfront). We will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term "WEB5" or "WEB5.in" or "us" or "we" refers to "WEB5 INDIA".
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
When the Services Will be Available
We will attempt to provide our services 24 hours a day, 7 days a week for as long as you have paid for them. You must recognize and acknowledge that due to the nature of web hosting technology, rare occurrence of service disruption cannot be avoided. Sometimes there are equipment malfunctions. At other times we perform emergency maintenance procedures or repairs. All services are currently covered by a Service Level Agreement, referred as the "SLA" for guaranteed protection.
Our Service Level Agreement (SLA) is published on the web at https://www.web5.in/sla.html
Free Technical Support
WEB5's Free Technical Support is limited to issues that are directly related to your Web Hosting Account. WEB5 does not provide website maintenance services in respect of any Hosted Website. Without limiting this exclusion, you also agree that WEB5 accepts no responsibility for any deficiency or inaccuracy in any of your Hosted Website that is attributable to defects in your website and/or database caused due to errors or mistakes in development/coding/programming.
You further acknowledge that WEB5's Technical Support does not include the maintenance of other direct or indirect issues/problems (but not limited to) such as HTML coding, Website Programming, Content/Data Migration, Uploading or Downloading of files for you, troubleshooting your website and/or database, adding new files to your website and configuring scripts in any way whatsoever. For this there will be an additional cost which is not covered within your web hosting plan/package.
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase WEB5 INDIA), and will take reasonable steps to keep it from being disclosed to any third party.
Pricing and Payment Policy
The prices on our Website are checked regularly to ensure that they are correct. We may change the prices from time to time. If you are a subscriber to a subscription Service, we will notify you in advance of any price changes that will affect your future payments by e-mail or by posting a notice on our Website and we advise you to regularly check the Websites for any such notices.
All payments for WEB5's services must be made in advance. All credit/debit card transactions are conducted securely with industry standard SSL-encryption through our payment processors. We currently process payments directly through online merchants such as 2Checkout.com and PayPal.com
We may stop providing the Services without notice to you if at any time we are unable to obtain payment through the appropriate processing institution.
It is your responsibility to ensure that all payment details you provide are correct and complete. No payment will be deemed to have been made until we have cleared funds from the appropriate processing institution and we may choose not to provide Services until we receive payment in full.
Cancellation and Refund Policy
If you wish to cancel your hosting account with WEB5 INDIA, you must contact WEB5's billing department by submitting a ticket from your client area, and request a cancellation.
Anytime Money Back Guarantee
WEB5 offers a 'No Questions Asked' anytime money back guarantee with all our cloud hosting plans.
If you are not satisfied with WEB5, we'll give you your money back for the unused portion of your contract excluding 'Basic Deductions'. No questions asked, no time limits. Cancel at any time, and we'll issue you a refund for the remainder of your current payment term. It's like a warranty that never expires!
The refund will exclude 'Account Setup Fee' and number of months used in your contract, any dedicated IP Address (included in some plans or purchased), any SSL Certificate (included in some plans or purchased), and any domain registration fees that you paid as we incur a cost for these. But you do get to keep your domain name and you can transfer it or simply point it elsewhere.
Commissions are paid to Affiliates 60 days after the sale is processed. So if you have purchased our services through one of our marketing partners or affiliate referral link and you request for a refund, then we will have to deduct the affiliate commission that was paid out in your transaction along with 'Basic Deductions'. But if you request for a refund before the affiliate is paid (within 60 days of payment), then we would not deduct the affiliate commission in your refund.
All refunds will be made within 180 Days of receipt of cancellation. 'Account Setup Fee' is calculated as Twenty Five Percent (25%) of cloud hosting plans regular price (i.e. without discount).
However, in accordance with our Anytime Money Back Guarantee the minimum usage deduction for any product is one month and if paid monthly (eg. Monthly Reseller Accounts) the cancellation request has to be made within 48hours of payment and a full refund will be processed only for the current paid month.
The Anytime Money Back Guarantee policy is void where clients have taken a demo/testing account before purchasing any plans on our website. In such cases the Money Back Guarantee policy is only valid for 48hours and refund request has to be made by the client within 48hours of payment, and the refund will be processed excluding any domain registration fees.
PLEASE NOTE THERE IS NO MONEY BACK GUARANTEE FOR 'BASIC DEDUCTIONS' THAT IS: MONTHS USED IN CONTRACT, ACCOUNT SETUP FEE, DOMAIN NAME REGISTRATION, DOMAIN NAME RENEWAL, DOMAIN NAME TRANSFER, VPS PLANS, CUSTOM UPGRADE/PLANS, SSL CERTIFICATE AND DEDICATED IP ADDRESS.
Any account terminated for violating our Terms Of Service or have an open ticket for resource violation, do not qualify for the Anytime Money Back Guarantee. (For example, if your account is cancelled due to spamming, you will not be given a refund.)
Backup and Recovery Policy
WEB5 does not offer redundant or mirrored backups. WEB5 will run courtesy backups (daily & weekly) at our discretion. Any backups that WEB5 runs are in addition to our Terms of Service and are not guaranteed. You may create your own backup of your account from your control panel however these may only be stored for up to 3 days. Please download backups to a local source and remove them from your account. WEB5 recommends that you store such archives off site on your local system.
"Free Cloud Hosting" account suspended in violation of our TOS/AUP cannot be UnSuspended or Restored! If you need a copy of your last backup, a one time fee of Rs.500 must be paid in advance for this process.
Note: WEB5 assumes no responsibility for failed backups, lost data, or data integrity.
Renewal and Reinstatement Policy
Your hosting account is based on an auto-renewal system, which means that at the end of your term, your hosting account is automatically renewed, and you are invoiced for the term. If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately.
If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, WEB5 shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. You hereby acknowledge that this is WEB5's policy when it comes to data retention, and waive all rights in and to your data in these situations.
Acceptable Use Policy (AUP) Published at https://www.web5.in/aup.html
The Acceptable Use Policy (AUP) is a part of WEB5's Terms of Service (TOS).
WEB5 strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. The Acceptable Use Policy is available in order to provide a clear understanding of the rules, regulations and restrictions regarding the use of WEB5's services. PLEASE ABIDE BY IT STRICTLY. By using our hosting services, you agree to abide by the Acceptable Use Policy published on the web at https://www.web5.in/aup.html.
However, in accordance with our Terms of Service, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate our Acceptable Use Policy (AUP). WEB5 may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this Acceptable Use Policy may result in the suspension or immediate termination of your account or other services WITHOUT ANY PRIOR NOTICE.
Affiliate Program Policy Published at https://www.web5.in/affiliate-tos.html
To be an authorized Affiliate of WEB5, you agree to abide by the terms and conditions contained in the Affiliate Policy. Please read our Affiliate Policy carefully before registering and using WEB5's Affiliate Program. By using WEB5's Affiliate Program, you agree to abide by the Affiliate Program Policy published on the web at https://www.web5.in/affiliate-tos.html.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
If WEB5 is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if WEB5 is found liable or pays to settle the dispute. In legal terms, this is called "indemnification" Not only do you agree to reimburse WEB5 for what it pays to satisfy a judgment or settle a case, you also agree to pay WEB5's reasonable attorney's fees and all other costs WEB5 incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. WEB5 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEB5 MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WEB5 DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Governing Law and Choice of Form
The laws of INDIA will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Court located in Coimbatore, India . When These Terms Take Effect.
This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind or open an affiliate account. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here.
If you have any questions about this Terms of Service, please contact us by opening a ticket through our Support Center.