Terms and Legal Agreement

This Terms and Legal Agreement ("Agreement") governs the use of WhisCloud.com, a web hosting, domain registration, web development, SEO, cloud services, dedicated, and VPS server provider, worldwide. By accessing or using our services, you agree to be bound by this Agreement. Please read this document carefully before proceeding with any transaction.

1. Definitions

WhisCloud.com: Refers to the website and its services, operated by WhisCloud, a company based in India.
User/Customer/Client: Any individual or entity using WhisCloud.com services.
Services: Refers to shared hosting, domain registration, web development, SEO, cloud services, dedicated, and VPS server services provided by WhisCloud.com.
Refund Policy: The policy that outlines the conditions and process for claiming a refund within 30 days of purchase.
SLA (Service Level Agreement): The agreement that guarantees 99.99% uptime for the services provided.

2. Account Creation

To use the services offered by WhisCloud.com, users must create an account. By doing so, you agree to provide accurate and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials and activities associated with your account.

3. Services Offered

WhisCloud.com provides shared hosting, domain registration, web development, SEO, cloud services, dedicated, and VPS servers. The services are available worldwide, subject to applicable laws and regulations. WhisCloud.com reserves the right to modify or discontinue any service at any time without prior notice.

4. Payment and Billing

All fees for WhisCloud.com services are due in advance. The user agrees to pay all applicable fees, taxes, and other charges as per the billing cycle selected during account creation. Payments can be made through various accepted methods on the website.

5. Refund Policy

WhisCloud.com offers a 30-day refund policy for shared hosting, cloud services, and VPS servers. If you are dissatisfied with our services within the first 30 days of your purchase, you can request a full refund. However, the refund policy does not apply to domain registration, web development, and SEO services.

6. Uptime Guarantee

WhisCloud.com guarantees 99.99% uptime for its services, excluding scheduled maintenance and events beyond our control, such as force majeure events or acts of God. In case of a failure to meet the uptime guarantee, customers may be eligible for service credits as outlined in the SLA.

7. Prohibited Activities

Users must comply with all applicable laws and regulations while using WhisCloud.com services. Prohibited activities include, but are not limited to:

  • Illegal Content: Uploading, storing, or distributing content that violates any law or infringes upon third-party rights, including intellectual property rights.
  • Hacking and Security: Attempting to gain unauthorized access to any system, network, or account.
  • Spam and Malware: Sending unsolicited bulk messages, phishing emails, or distributing malicious software.
  • Resource Abuse: Engaging in activities that excessively consume server resources and disrupt the services for others.

8. Data Protection

WhisCloud.com values your privacy and takes data protection seriously. By using our services, you agree to the terms of our Privacy Policy, which outlines how we collect, use, and protect your personal information.

9. Indemnification

You agree to indemnify and hold WhisCloud.com harmless from any claims, damages, liabilities, or expenses arising out of your use of our services or violation of this Agreement.

10. Termination

WhisCloud.com reserves the right to terminate or suspend any account at its sole discretion, with or without cause. If your account is terminated due to a violation of this Agreement, you will not be eligible for any refunds.

11. Amendments

WhisCloud.com may update or modify this Agreement from time to time. Any changes will be effective upon posting on the website. Users are encouraged to review this Agreement regularly to stay informed of any updates.

12. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of India. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in India.

13. Data Suspension and Deletion Policy

Suspension for Non-payment: All hosting services provided by WhisCloud.com will be automatically suspended if the associated invoice is not paid before the due date.
Late Fee: If an invoice remains unpaid for two days after the due date, a late fee of 20% will be added to the invoice.
Service Termination: If an invoice remains unpaid for seven days after the due date, the service will be terminated, and all associated data will be deleted.

14. Backup Policy

Frequency: WhisCloud.com will perform backups of customer data once per week.
Retention Period: Backups will be retained for a period of two weeks.
Data Restoration after Service Termination: In the event of service termination, customers have a grace period of seven days to claim for data restoration.
Free Restoration: WhisCloud.com offers two free data restorations per service. This means customers can request the restoration of their data without any additional charges on two occasions.
Additional Restoration Charges: After the two free restoration instances, any subsequent restoration requests will be subject to a fee of $5 per restore.

15. Customer Responsibilities

Payment Obligations: Customers are responsible for ensuring that invoices are paid on time to avoid service suspension, late fees, and eventual termination.
Data Claim Period: Customers must claim for data restoration within seven days of service termination.
Backup Verification: It is the customer's responsibility to verify the integrity and completeness of the data during the restoration process.

16. Limitation of Liability

WhisCloud.com shall not be liable for any loss of data or consequences arising from the suspension, termination, or deletion of data as per the policies outlined in this agreement.

17. Modification of Policies

WhisCloud.com reserves the right to modify the data suspension, deletion, and backup policies. Any changes will be communicated to customers through the website or other appropriate means.

18. Contact Information

Customers are encouraged to contact WhisCloud.com's customer support for any inquiries, clarifications, or assistance related to data suspension, deletion, or backup policies.

Consent and Acceptance

By using WhisCloud.com services, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this Data Suspension, Deletion, and Backup Policy. If you do not agree with any part of this policy, you should refrain from using our services.