1. Conditions

By subscribing to any of the Services and opening an account with us ("the Account") you ("the Customer") agree to be bound by these terms and conditions. These terms apply to all Zencloud ( Zenpay ) accounts.

All information displayed, transmitted, or carried on M/S Zencloud ( Zenpay ). INDIA is protected by copyright and other intellectual property laws. You may not modify, publish, or distribute any content without permission.

2. Services

2.1 Zencloud ( Zenpay ) will use reasonable efforts to supply a continuous service. However, Zencloud ( Zenpay ) is not liable for any loss of data resulting from delays outside of our control.

2.2 Zencloud ( Zenpay ) is not responsible for special consequential damages such as loss of business or profits.

2.3 Customers are liable for all charges levied by their telephone service provider arising from their use of the Services.

3. Banned Content

• Illegal material, including copyrighted works, pirated software, or misleading content.
• Warez or hacking-related content.
• HYIP or related content.
• Proxy setups or connections.
• IRC hosting or connections to IRC networks.
• Defamatory content or any content that damages reputation.
• Use of Bit Torrents for file sharing.

Customers found violating these policies may have their accounts terminated without notice.

4. Adult Content

We allow websites with legal adult content. Hosting sexually explicit images of children or illegally obtained content is strictly prohibited.

5. Server/Resource/Staff Abuse

5.1 Any attempt to harm our servers is prohibited and may result in account termination.

5.2 Resource abuse may lead to immediate account deactivation without refund.

6. Bandwidth

If your account exceeds the bandwidth limit, you must upgrade or demonstrate that the limit will not be exceeded again. Accounts exceeding limits will be suspended.

7. Commercial Advertising (SPAM)

Spamming or sending unsolicited emails is strictly prohibited and will result in account deactivation without refund.

8. Affiliate Commissions

Affiliates cannot earn commissions on purchases made through their own accounts.

9. Backups

Clients are solely responsible for creating backups. Media files are excluded from backup services provided by us.

10. Billing

Invoices are generated 10 days before the due date. If payment is not received within 15 days, the account will be permanently terminated.

11. Security and Viruses

Customers are responsible for securing their accounts and preventing unauthorized access.

12. Control Panel Support

Basic tasks should be managed by the customer. Staff will assist with server-side issues only.

13. Shipping Policy

Orders are shipped within 15 working days. Zencloud ( Zenpay ) is not liable for delays caused by courier companies.

14. Cancellations & Refunds

Clients may request cancellations or refunds within 30 days of project installation. Refunds will exclude service tax and hourly charges for completed work.

14.1 Cancellation Policy

In case of dissatisfaction from our services, clients have the liberty to cancel their projects and request a refund from us. Our Policy for the cancellation and refund will be as follows:

• Cancellation of service renewals for ongoing website promotion, website hosting, or domain registration services must be made at least seven (7) business days prior to the end of the current service period.

14.2 Refund Policy

We will try our best to create suitable design concepts for our clients. In case any client is not completely satisfied with our services, we can provide a refund within 30 days from the date of installation of the project. The final refunds will be made after deducting the Service Tax and the hourly charges for the work completed by us.

If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. In the case of EBS payments, refunds will be made to the same account.

14.3 Non-Refundable Items

There will be no refund for WHM/CPanel, Plesk VPS & Dedicated Server License, Virtuozzo, SSL Certificates, and Site Builder as these are purchased from external vendors, and Zencloud ( Zenpay ) does not get any refund in case of cancellation of licenses.

14.4 Service Interruptions

Any service interruptions or downtime due to scheduled maintenance by Zencloud ( Zenpay ) or our network providers will not count towards the uptime guarantee. Zencloud ( Zenpay ) is not liable in any way for the failure of third-party services.

14.5 Abuse Complaints

Zencloud ( Zenpay ) reserves the right to suspend or terminate services on receipt of abuse complaints.

15. Money Back Guarantee

• 15.1 Dedicated servers and other Data Center-related hosting services are not included under any money-back guarantee policy. Zencloud ( Zenpay ) reserves the right to decide whether or not to issue pro-rated refunds under circumstances.
• 15.2 We also provide a price-freeze guarantee. You never have to pay more than the initial amount you sign up for your hosting service. Zencloud ( Zenpay ) reserves the right to change the resource allocation for its services and to change the prices listed on the website.
• 15.3 License costs of all third-party applications and software offered with our plans are subject to change without written intimation.

16. Modification of Terms of Service

Zencloud ( Zenpay ) reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.

17. Termination

• 17.1 We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.
• 17.2 We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

18. Effect of Termination

On termination or expiry of your Account for whatever reason, you shall pay immediately all sums outstanding pending on your Account to Zencloud ( Zenpay ) within 14 working days.

19. Limitation of Liability

• 19.1 Zencloud ( Zenpay ) disclaims all liabilities in connection with the following:
• (a) Loss of material uploaded.
• (b) Incompatibility of the Services with any of the Customer's equipment, software, or telecommunications links.
• (c) Technical problems including errors or interruptions of the Services.
• (d) Unsuitability, unreliability, or inaccuracy of the Services.
• (e) Computer viruses of any kind obtained by the Customer in the course of using the Services.
• (f) Any security breaches whatsoever affecting the Customer’s Account.
• 19.2 In no event shall Zencloud ( Zenpay ) be liable either in contract, tort (including negligence), or otherwise for indirect, incidental, or consequential damages, including, without limitation, loss of income, data, use, or information.
• 19.3 Nothing in this clause excludes each party's liability with respect to death and personal injury resulting from the negligence of that party, its employees, agents, or subcontractors, or for fraudulent misrepresentation or under the tort of deceit.
• 19.4 Subject to clause 19.2, our liability to you in contract, tort, negligence, or otherwise arising out of or in connection with the Services shall for any one incident or series of related incidents be limited to the annual fees paid by you to us in the year in which the liability first arose. No liability whatsoever will be accepted by us unless and until you have provided documentary evidence to our satisfaction proving that loss has occurred.
• 19.5 We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services, and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold, or otherwise made available by means of the Services or on the internet.

20. Indemnity

The Customer agrees that it shall defend, indemnify, save, and hold Zencloud ( Zenpay ) harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable legal fees asserted against Zencloud ( Zenpay ), its agents, customers, officers, and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees, or assigns in connection with their use of the Services.

21. Law

21.1 The Customer and Zencloud ( Zenpay ) both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable, or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.