Terms & Conditions

1. Acceptance of Terms

By accessing our website at serverstock.co, registering for an account, placing an order, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these terms, you must not access or use our Services. We reserve the right to modify these terms at any time. Continued use of the Services after modifications constitutes acceptance of the updated terms. We will make reasonable efforts to notify active customers of material changes via email or dashboard notification at least 30 days in advance.

You represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity and authority to enter into this Agreement; and (c) if acting on behalf of an organization, you are duly authorized to bind that organization to these terms.

2. Definitions

3. Service Description

Serverstock provides enterprise-grade infrastructure and managed services, including but not limited to:

The specific scope, specifications, pricing, and service levels for your engagement are defined in the applicable Order Form and SLA. In the event of a conflict between these Terms and an Order Form, the Order Form shall prevail with respect to the specific Services covered therein.

4. Account Registration & Security

4.1 Registration

To access certain Services, you must create an account and provide accurate, complete, and current information. You agree to update your information promptly if it changes.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials (usernames, passwords, API keys, and access tokens).
• Implementing reasonable security measures, including the use of strong passwords and multi-factor authentication (MFA) where available.
• All activities that occur under your account, whether or not authorized by you.
• Immediately notifying Serverstock at security@serverstock.co of any unauthorized access or suspected security breach.

4.3 Account Liability

Serverstock shall not be liable for any loss or damage arising from your failure to maintain adequate account security. We reserve the right to suspend access to any account that we reasonably believe has been compromised.

5. Acceptable Use Policy (AUP)

You agree to use the Services only for lawful purposes and in accordance with this Agreement. The following activities are strictly prohibited:

5.1 Prohibited Activities

• Illegal Activity: Using the Services for any purpose that violates applicable local, state, national, or international law, including but not limited to the Information Technology Act, 2000 (India).
• Malicious Activity: Distributing malware, viruses, ransomware, spyware, or engaging in phishing, spoofing, or social engineering attacks.
• Network Abuse: Conducting or participating in denial-of-service (DoS/DDoS) attacks, port scanning, packet sniffing, or unauthorized access attempts against any network or system.
• Spam & Unsolicited Communications: Sending bulk unsolicited email (spam), operating open mail relays, or engaging in any activity that violates CAN-SPAM or equivalent regulations.
• Intellectual Property Violation: Hosting, distributing, or transmitting content that infringes upon copyrights, trademarks, patents, trade secrets, or other proprietary rights of any third party.
• Harmful Content: Hosting content that promotes violence, terrorism, child exploitation, or constitutes hate speech under applicable law.
• Resource Abuse: Intentionally overloading or consuming excessive shared resources (CPU, bandwidth, storage) to the detriment of other customers.
• Unauthorized Access: Attempting to gain unauthorized access to Serverstock's systems, infrastructure, or other customers' environments.

5.2 Enforcement

Serverstock reserves the right to investigate any suspected violation of this AUP. Upon determination of a violation, we may, at our sole discretion: (a) issue a warning; (b) suspend the offending Service; (c) terminate the Customer's account; or (d) report the activity to relevant law enforcement authorities. Serverstock may cooperate with law enforcement investigations and comply with court orders directing the disclosure of Customer Data or account information.

6. Payment, Billing & Taxes

6.1 Pricing & Currency

All Services are billed in Indian Rupees (INR) unless otherwise specified in the Order Form. Prices are exclusive of applicable taxes unless explicitly stated otherwise.

6.2 Billing Cycle

Services are billed on the cycle specified in your Order Form (monthly, quarterly, or annually). Invoices are generated in advance at the beginning of each billing cycle and are due within 15 days of the invoice date, unless otherwise agreed in writing.

6.3 Payment Methods

We accept payment via:

• NEFT / RTGS / IMPS bank transfer
• UPI (Unified Payments Interface)
• Cheque (payable to "Serverstock Datacenter Private Limited")
• Credit/Debit card (via secure payment gateway)
• International wire transfer (for overseas clients)

6.4 Taxes

All invoices will include applicable Goods and Services Tax (GST) as per prevailing Indian tax regulations. Our GST Identification Number (GSTIN) will be mentioned on all invoices. Customers are responsible for providing accurate GST details for input tax credit purposes.

6.5 Late Payment

6.6 Refunds

Prepaid service fees are generally non-refundable unless: (a) Serverstock fails to deliver the contracted Services; (b) a refund is explicitly provided for in the Order Form; or (c) required by applicable consumer protection law. Service credits under the SLA are not refundable as cash and are applied to future invoices only.

6.7 Price Changes

Serverstock may adjust pricing for Services upon renewal. We will provide at least 60 days prior written notice of any price increase. Pricing is locked for the duration of any prepaid term.

7. Service Level Agreement

Our commitment to service availability, performance, and support is detailed in our Service Level Agreement (SLA). Key commitments include:

In the event of SLA non-compliance, eligible customers may claim service credits as defined in the SLA document. The SLA constitutes the Customer's sole and exclusive remedy for service unavailability.

8. Data Ownership & Privacy

8.1 Customer Data Ownership

You retain all rights, title, and interest in and to your Customer Data. Serverstock does not claim any ownership rights over Customer Data. We access Customer Data only as necessary to provide the Services, perform maintenance, or comply with legal obligations.

8.2 Data Processing

In providing the Services, Serverstock acts as a data processor on your behalf. Our data collection and processing practices are governed by our Privacy Policy, which complies with the Digital Personal Data Protection Act, 2023 (DPDP Act) of India and, where applicable, the General Data Protection Regulation (GDPR).

8.3 Data Location

Your Customer Data will be stored in the datacenter region specified in your Order Form. Serverstock does not move Customer Data to a different region without your prior written consent, except as necessary for backup and disaster recovery purposes as agreed in your service configuration.

8.4 Data Backup

Unless explicitly included in your Service plan, the Customer is responsible for maintaining independent backups of their data. Serverstock strongly recommends subscribing to our Backup as a Service (BaaS) for comprehensive data protection.

9. Intellectual Property Rights

9.1 Serverstock IP

All content, trademarks, service marks, logos, trade names, software, documentation, tools, APIs, and intellectual property associated with the Services and the serverstock.co website remain the exclusive property of Serverstock Datacenter Private Limited. Nothing in this Agreement grants you any right, title, or interest in our intellectual property except the limited right to use the Services as permitted herein.

9.2 Customer IP

Any software, content, or intellectual property you provide or upload to the Services remains your sole property. You grant Serverstock a limited, non-exclusive, royalty-free license to use such material solely to the extent necessary to provide the Services.

9.3 Feedback

If you provide suggestions, ideas, or feedback regarding the Services, Serverstock may use such feedback without any obligation to compensate you, and you hereby assign all rights in such feedback to Serverstock.

10. Confidentiality

Each party agrees to protect the other party's Confidential Information using the same degree of care that it uses to protect its own confidential information, but in no event less than reasonable care. Confidential Information shall not be disclosed to any third party except:

• To employees, contractors, or agents who have a need to know and are bound by confidentiality obligations at least as restrictive as those in this Agreement.
• As required by law, regulation, or court order, provided that the disclosing party gives the other party prompt notice (where legally permitted) and cooperates in any effort to obtain protective treatment for the information.

Confidentiality obligations shall survive termination of this Agreement for a period of three (3) years.

11. Indemnification

11.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless Serverstock, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Services in violation of this Agreement or applicable law.
• Your Customer Data or any content you host, transmit, or process through the Services.
• Your violation of any third-party rights, including intellectual property rights.
• Any breach of your representations and warranties under this Agreement.

11.2 Serverstock Indemnification

Serverstock shall indemnify and defend you against any third-party claim that the Services, as provided by Serverstock, infringe upon a valid patent, copyright, or trademark of a third party in India, subject to the limitations and exclusions set forth in this Agreement.

12. Limitation of Liability

12.2 Liability Cap

Serverstock's total aggregate liability arising out of or in connection with this Agreement shall not exceed the total fees paid by the Customer to Serverstock during the twelve (12) months immediately preceding the event giving rise to the claim.

12.3 Exceptions

The limitations in this section shall not apply to: (a) either party's indemnification obligations; (b) liability arising from a party's gross negligence or willful misconduct; (c) Customer's payment obligations; or (d) liability that cannot be limited under applicable law.

13. Disclaimers & Warranties

13.1 Service Warranty

Serverstock warrants that: (a) the Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards; (b) the Services will materially conform to the specifications described in the applicable Order Form and SLA; and (c) Serverstock has the authority and right to provide the Services.

13.2 Disclaimer

Except as expressly set forth in this Agreement, the Services are provided "as is" and "as available." Serverstock disclaims all other warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Serverstock does not warrant that the Services will be uninterrupted, error-free, or completely secure.

13.3 Third-Party Services

Serverstock's Services may integrate with or depend on third-party platforms (e.g., AWS, Azure, Veeam, Yotta). Serverstock is not responsible for the availability, performance, or terms of service of third-party providers, and makes no warranties regarding such services.

14. Termination & Suspension

14.1 Termination for Convenience

Either party may terminate this Agreement by providing 30 days written notice to the other party. Early termination of prepaid contracts may be subject to early termination fees as specified in the Order Form.

14.2 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if:

• The other party commits a material breach that remains uncured for 15 days after receiving written notice of such breach.
• The other party becomes insolvent, files for bankruptcy, or enters into liquidation proceedings.

14.3 Suspension

Serverstock may immediately suspend access to the Services without prior notice if:

• The Customer is in material breach of the Acceptable Use Policy.
• The Customer's use of Services poses a security risk to Serverstock or other customers.
• Suspension is required to comply with applicable law or a court order.
• The Customer's account is past due beyond the grace period.

14.4 Effect of Termination

Upon termination or expiration of this Agreement:

• Data Retrieval: Customer will have 30 days from the effective date of termination to retrieve their Customer Data. Serverstock will provide reasonable assistance for data export at then-current professional services rates.
• Data Deletion: After the 30-day retrieval period, Serverstock will delete all Customer Data from its systems within 60 days, except as required by law for retention purposes.
• Outstanding Payments: All fees incurred through the date of termination become immediately due and payable.
• Survival: Sections relating to Confidentiality, Indemnification, Limitation of Liability, Data Ownership, and Dispute Resolution shall survive termination.

15. Service Modifications

Serverstock reserves the right to modify, update, or discontinue any feature or aspect of the Services. We will handle modifications as follows:

• Minor Updates: Bug fixes, security patches, and minor improvements may be applied without prior notice.
• Material Changes: Changes that materially reduce the functionality of a Service you are subscribed to will be communicated at least 30 days in advance.
• End of Life: If Serverstock discontinues a Service, we will provide at least 90 days advance notice and assist with migration to an alternative solution where feasible.

16. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement where such failure or delay results from a Force Majeure event, including but not limited to:

• Acts of God, natural disasters (earthquake, flood, cyclone, tsunami)
• War, terrorism, civil unrest, or armed conflict
• Government actions, sanctions, embargoes, or regulatory changes
• Epidemic, pandemic, or public health emergency
• Power grid failures, telecommunications outages beyond Serverstock's control
• Cyberattacks of unprecedented scale affecting critical internet infrastructure

The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact. If a Force Majeure event continues for more than 60 consecutive days, either party may terminate the affected Services upon written notice.

17. Dispute Resolution & Governing Law

17.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

17.2 Amicable Resolution

The parties agree to first attempt to resolve any dispute arising out of or relating to this Agreement through good-faith negotiations between senior representatives of each party for a period of 30 days.

17.3 Arbitration

If the dispute is not resolved through negotiation, either party may refer the dispute to binding arbitration under the Arbitration and Conciliation Act, 1996 of India. The arbitration shall be conducted by a sole arbitrator mutually agreed upon by the parties. The seat of arbitration shall be Nashik, Maharashtra. The language of arbitration shall be English. The arbitrator's award shall be final and binding on both parties.

17.4 Jurisdiction

For any matters not subject to arbitration, or for interim relief pending arbitration, the courts of Nashik, Maharashtra, India shall have exclusive jurisdiction.

18. General Provisions

18.1 Entire Agreement

This Agreement, together with the Order Form, SLA, Privacy Policy, and any other documents expressly incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, representations, and understandings relating to its subject matter.

18.2 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.

18.4 Assignment

You may not assign or transfer this Agreement or any rights hereunder without the prior written consent of Serverstock. Serverstock may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

18.5 Notices

All notices under this Agreement shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by registered post or courier with acknowledgment to the addresses specified in the Order Form; or (c) sent by email to the official contact email addresses, with delivery confirmation. Notices to Serverstock should be addressed to legal@serverstock.co.

18.6 Independent Contractors

The relationship between the parties is that of independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.

18.7 No Third-Party Beneficiaries

This Agreement is entered into solely between Serverstock and the Customer. No third party shall have any right to enforce any provision of this Agreement.