Legal
Business Email Terms & Conditions
Version 3 · effective 20 Oct 2019 · current
## 1. Introduction and Acceptance
These Terms and Conditions govern the purchase and use of email hosting services provided by Kiwart Solutions LLP ("Kiwart Solutions", "we", "us" or "our").
Kiwart Solutions LLP provides email hosting subscriptions and related assistance through third-party hosting and email service providers, which may include Hostinger or other providers depending on the plan purchased.
By purchasing, accessing or using our email hosting services, the customer ("Customer", "you" or "your") agrees to these Terms and Conditions.
Customers must actively accept these terms during checkout before completing their purchase. Acceptance must not be pre-selected.
If you do not agree to these terms, you should not complete the purchase or use the service.
## 2. Nature and Scope of Services
Kiwart Solutions provides email hosting subscription management, provisioning assistance, configuration and customer support.
Our services may include:
- Email hosting plan provisioning and activation.
- Business mailbox creation and configuration.
- Domain and DNS configuration assistance.
- Basic email setup and troubleshooting.
- Assistance with sending and receiving email issues.
- Coordination with the underlying hosting provider for technical investigations.
- Support relating to the purchased email hosting subscription.
The underlying email infrastructure, servers, storage systems, mail transmission, filtering, security controls and other technical components may be operated or managed by third-party providers.
Kiwart Solutions does not independently control every component of that infrastructure.
Our responsibility is to provide the services agreed with the customer, assist with issues within our control and make reasonable efforts to coordinate with the applicable provider when third-party intervention is required.
Services not expressly included in the purchased plan, such as website hosting, domain registration, bulk email marketing, advanced migration, independent backups or specialised development, are excluded unless separately agreed in writing.
## 3. Email Hosting Plans and Specifications
The applicable plan name, mailbox quantity, storage allowance, sending limits, subscription period, price and renewal price will be those displayed on the relevant plan page or checkout at the time of purchase.
The Standard Business Email plan currently offered through our checkout includes:
- Subscription period: 12 months.
- Mailbox storage: 20 GB per mailbox.
- Email sending allowance: Up to 500 emails per mailbox per day, subject to provider and account restrictions.
- Initial annual subscription price: ₹5,400 per mailbox.
- Renewal price: ₹6,500 per mailbox per year, as displayed on the checkout page.
Basic Business Email and Premium Business Email are subject to the specifications and prices displayed on their respective plan pages at the time of purchase.
The maximum stated sending allowance is not a guarantee of successful delivery, uninterrupted sending or inbox placement.
Actual limits may be affected by provider policies, account restrictions, security controls, sending reputation and technical conditions.
## 4. Orders, Payment and Activation
4.1. Customers must provide accurate contact information, including their name, email address, telephone number and domain details where applicable.
4.2. Activation begins after successful payment verification and may require domain verification, mailbox configuration or other technical prerequisites.
4.3. Kiwart Solutions will make reasonable efforts to activate eligible purchases promptly. Activation may be delayed by payment verification, incorrect customer information, DNS configuration, provider-side issues or other circumstances outside our reasonable control.
4.4. Customers will receive a purchase or activation confirmation by email where applicable.
4.5. Official invoices are issued separately through Zoho Books after successful payment verification and completion of the applicable billing process. A purchase confirmation email is not a substitute for a tax invoice.
4.6. If payment is deducted but the order remains pending, customers should contact info@kiwartsolutions.com with the order reference and relevant payment details.
4.7. Customers should not make duplicate payments solely because a confirmation email or invoice has been delayed. They should contact our support team for verification.
## 5. Subscription Period and Renewal
5.1. Unless otherwise specified at checkout, subscriptions are valid for 12 months from the applicable service commencement date.
5.2. The renewal price may differ from the initial purchase price. The applicable renewal price will be disclosed before the customer is committed to the renewal.
5.3. Customers are responsible for arranging renewal before expiry if they wish to continue using the service without interruption.
5.4. Where automatic renewal is offered and enabled, the applicable price, renewal frequency and cancellation procedure will be disclosed before the customer authorises the arrangement.
5.5. Customers may disable automatic renewal through the available customer portal or by contacting Kiwart Solutions, subject to the applicable payment arrangement.
5.6. Disabling automatic renewal does not ordinarily terminate an already-paid subscription. The service may remain available until the end of the paid period, subject to these terms and applicable law.
5.7. An expired or unrenewed subscription may be suspended or discontinued by the underlying provider. Subsequent reactivation and data recovery will depend on provider policies and applicable law.
## 6. Mailbox Quantity, Upgrades and Downgrades
6.1. **Subscription-based mailbox management:** Where multiple mailboxes are purchased under one subscription, the subscription will be managed according to the total mailbox quantity purchased.
6.2. **No individual mailbox upgrades:** Customers cannot upgrade only selected mailboxes within an existing multi-mailbox subscription. An upgrade under that subscription must apply to the entire subscribed mailbox quantity.
6.3. **No partial mailbox removal during the active subscription:** Customers cannot request the removal of selected mailboxes from an active subscription solely to reduce the subscribed quantity or upgrade charges before expiry. The existing subscription quantity will ordinarily remain in effect until the subscription expires.
6.4. **Example — five mailboxes:** If a customer purchases five mailboxes under one subscription and later wants to upgrade only two mailboxes while removing the other three due to budget constraints, that partial upgrade is not available under the current subscription arrangement. The customer must upgrade all five mailboxes under that subscription if they wish to upgrade before expiry.
6.5. **Renewal with a different quantity:** When the existing subscription expires, customers may request renewal with a different mailbox quantity or another available plan, subject to the available options, applicable pricing and provider requirements. The desired quantity must be arranged before the renewal is completed.
6.6. **Separate subscriptions:** If mailboxes have been purchased as genuinely separate subscriptions, their upgrades and renewals will be governed by the terms applicable to those individual subscriptions.
6.7. **Data preservation:** Before an authorised mailbox removal, downgrade, migration or termination, customers are responsible for exporting important emails, attachments, contacts and other data.
6.8. **Exceptions:** Requests involving accidental purchases, billing errors, technical defects, security issues, statutory rights or other circumstances requiring special handling will be reviewed in accordance with applicable law.
6.9. **Disclosure before purchase:** The subscription quantity and restriction on individual mailbox upgrades or removals must be disclosed before checkout so that customers can make an informed purchase decision.
## 7. Refund and Cancellation Policy
7.1. Kiwart Solutions offers a 30-day refund request window for eligible email hosting purchases. Customers should submit requests within 30 calendar days of the original purchase date.
7.2. Refund requests must be sent to info@kiwartsolutions.com and include the order reference, registered email address and reason for the request.
7.3. Refund eligibility will be assessed fairly based on the circumstances of the purchase, the condition and performance of the service, the applicable provider arrangements and the customer's rights under applicable law.
7.4. Where a refund is approved, it will ordinarily be initiated through the original payment method or another lawful method agreed with the customer. The time taken for funds to appear may depend on the payment gateway or bank.
7.5. If a refund involves terminating a mailbox, customers should export important emails, attachments and other data beforehand wherever practicable.
7.6. Cancellation prevents future renewal where properly applied but does not automatically entitle the customer to a refund outside the applicable refund policy.
7.7. A request to reduce mailbox quantity, upgrade only selected mailboxes or remove selected mailboxes from an active subscription does not automatically qualify for a refund.
7.8. Refund eligibility will not be denied solely because a service has been activated or used where applicable law or the circumstances of a defective, deficient or materially misrepresented service entitle the customer to a refund or another remedy.
7.9. Nothing in this policy excludes or waives mandatory consumer rights, statutory remedies or other protections available under applicable law.
## 8. Email Delivery, Delays and Sending Issues
8.1. Email delivery depends on multiple systems, including sending servers, receiving servers, DNS records, internet networks, spam filters, recipient policies and the underlying hosting provider.
8.2. Kiwart Solutions does not directly control all these systems and cannot guarantee that every email will be sent, received, delivered to an inbox or processed within a specific period.
8.3. Emails may be delayed, rejected, bounced, filtered as spam, quarantined, temporarily queued or otherwise affected by circumstances including:
- Outages or technical issues at the underlying hosting provider.
- Sending or receiving mail server failures.
- DNS, MX, SPF, DKIM or DMARC configuration issues.
- Recipient-side filtering or mailbox restrictions.
- Internet connectivity or routing problems.
- Provider sending limits, anti-spam controls or security restrictions.
- Incorrect email addresses or full recipient mailboxes.
- Scheduled maintenance or emergency maintenance.
- Third-party service disruptions or circumstances beyond our reasonable control.
8.4. To the extent permitted by applicable law, Kiwart Solutions is not responsible for delivery delays or failures caused by third-party infrastructure or external systems that it does not control.
8.5. Kiwart Solutions will provide reasonable support and troubleshooting within the scope of the purchased service and, where appropriate, coordinate with the underlying provider.
8.6. Where an issue requires action by the underlying provider or another third party, Kiwart Solutions cannot guarantee a particular resolution time or outcome.
8.7. Customers should not rely on email as the sole channel for time-critical notices, payment instructions, emergency messages or other communications where delay could cause serious consequences. An appropriate alternative communication channel should be used where necessary.
## 9. Email Loss, Data Loss and Recovery
9.1. Email data may be affected by server failures, provider incidents, accidental deletion, account compromise, storage limitations, synchronisation problems, software errors or other technical events.
9.2. Unless expressly included in a separate written agreement, Kiwart Solutions does not guarantee permanent email storage, independent backups, complete data recovery or uninterrupted preservation of every email and attachment.
9.3. The underlying provider may operate backup, retention and recovery systems under its own policies. The existence of such systems does not guarantee that every deleted, corrupted or lost email can be recovered.
9.4. Kiwart Solutions will provide reasonable assistance and coordinate with the applicable provider when customers report missing emails or suspected data loss, to the extent that the issue falls within our service and available technical access.
9.5. Customers are responsible for maintaining independent backups or exports of important emails, attachments, contacts and business records.
9.6. To the extent permitted by applicable law, Kiwart Solutions is not liable for email loss, data corruption or unsuccessful recovery caused by the underlying provider, third-party systems, customer actions or circumstances beyond our reasonable control.
9.7. This section does not exclude liability for loss resulting from Kiwart Solutions' own breach of contract, negligence or other conduct where liability cannot lawfully be excluded.
9.8. Customers should promptly report missing emails, suspected data loss or unauthorised account access so that appropriate troubleshooting or escalation can be initiated.
## 10. Third-Party Hosting Provider Responsibility
10.1. The underlying hosting or email provider is responsible for the operation of the infrastructure and technical components that it manages, subject to its own service terms and applicable law.
10.2. Kiwart Solutions does not independently operate third-party infrastructure merely by selling, provisioning or coordinating an email hosting subscription.
10.3. Issues arising within the underlying provider's infrastructure may require investigation or resolution by that provider's technical team.
10.4. Kiwart Solutions will make reasonable efforts to assist customers, communicate relevant information and escalate eligible issues to the provider where appropriate.
10.5. Kiwart Solutions does not guarantee the timing, outcome or success of an investigation or corrective action performed by a third-party provider.
10.6. To the extent permitted by applicable law, Kiwart Solutions is not responsible for independent third-party provider outages, delivery delays, infrastructure failures, data loss or service interruptions that are outside our reasonable control.
10.7. Nothing in this section removes Kiwart Solutions' own contractual or statutory obligations for the services it has agreed to provide.
## 11. Acceptable Use Policy
Customers must use email hosting lawfully and responsibly.
The following activities are prohibited:
- Sending spam or unsolicited bulk email in violation of applicable law or provider policies.
- Conducting phishing, impersonation, fraud or other deceptive activities.
- Distributing malware, malicious attachments or harmful links.
- Sending unlawful threats, harassment or abusive communications.
- Using email hosting for illegal activities or infringement of third-party rights.
- Attempting to bypass sending limits or provider security restrictions.
- Accessing accounts, servers or systems without authorisation.
- Operating prohibited bulk-mailing systems or marketing campaigns that exceed the permitted use of the purchased service.
- Engaging in activities that compromise service security or affect other customers.
Customers conducting marketing communications must comply with applicable consent, privacy, anti-spam and unsubscribe requirements.
Kiwart Solutions or the underlying provider may investigate suspected abuse and impose proportionate restrictions, suspension or termination where reasonably necessary to protect the service, prevent harm or comply with law.
Where practicable, customers will be informed of the issue and given an opportunity to resolve it, unless immediate action is necessary for security, legal or operational reasons.
## 12. Domain Ownership and DNS Configuration
12.1. Customers must own or be authorised to use the domain associated with their email hosting subscription.
12.2. Customers are responsible for providing accurate domain information and cooperating with verification requirements.
12.3. Email services may require MX, SPF, DKIM, DMARC or other DNS records to be configured correctly.
12.4. Customers must authorise required DNS changes and ensure that these changes do not unintentionally disrupt their website or other domain services.
12.5. Unless expressly included in the purchased plan, domain registration, domain renewal, website hosting and third-party domain charges are separate services.
12.6. Kiwart Solutions is not responsible for interruptions caused by expired domains, incorrect DNS changes made by the customer or another provider, or loss of domain ownership resulting from the customer's failure to maintain the domain.
## 13. Customer Responsibilities and Account Security
Customers are responsible for:
- Maintaining the confidentiality of mailbox passwords and access credentials.
- Using strong passwords and multifactor authentication where available.
- Restricting mailbox access to authorised users.
- Promptly reporting suspected account compromise.
- Keeping customer and domain information accurate.
- Ensuring that authorised users comply with these terms.
- Maintaining copies of important business communications.
- Complying with applicable privacy, data protection and communications laws.
Customers are responsible for activity conducted through their accounts, subject to applicable law and any responsibility arising from Kiwart Solutions' own acts or omissions.
Kiwart Solutions may require reasonable verification before changing account details, resetting access or disclosing account information.
## 14. Customer Information and Confidentiality
14.1. Kiwart Solutions may process customer information as reasonably necessary to provide email hosting, provision mailboxes, manage subscriptions, issue invoices, provide support, investigate technical issues, protect the service and comply with legal obligations.
14.2. Customers must ensure that they are authorised to store, transmit or process personal information through their mailboxes.
14.3. Access to customer information will be limited to authorised personnel and relevant service providers where reasonably necessary for service delivery, support, security or legal compliance.
14.4. Customers should avoid sharing mailbox passwords or unnecessary confidential information when requesting technical support.
14.5. Customer information will be handled in accordance with applicable privacy and data protection law. These terms do not remove any separate disclosure obligation imposed by law.
## 15. Service Availability and Maintenance
15.1. Kiwart Solutions will make reasonable efforts to provide the agreed email hosting services and assist with reported technical issues.
15.2. The service may experience interruptions due to maintenance, third-party outages, server issues, software updates, DNS failures, security incidents or other circumstances beyond our reasonable control.
15.3. Advance notice of planned maintenance will be provided where reasonably practicable. Emergency maintenance may occur without prior notice where necessary.
15.4. Unless a separate written service-level agreement provides otherwise, no specific uptime percentage, uninterrupted operation or fixed technical resolution time is guaranteed.
15.5. We will make reasonable efforts to investigate issues within our control and coordinate with the underlying provider where required.
15.6. Nothing in these terms excludes a remedy or liability that cannot lawfully be excluded.
## 16. Technical Support
16.1. Customers may contact Kiwart Solutions for assistance with mailbox configuration, domain settings, service access, troubleshooting and eligible hosting-related issues.
16.2. Support may require investigation by the underlying hosting provider or another third party.
16.3. Kiwart Solutions cannot guarantee that a third-party issue will be resolved within a specific timeframe or that a requested data recovery will be successful.
16.4. Additional services such as bulk email migration, advanced DNS work, custom integrations, website development or specialised technical work may require a separate quotation unless included in the purchased plan.
16.5. Customers must cooperate reasonably with troubleshooting and provide relevant technical information without unnecessarily disclosing passwords or sensitive information.
## 17. Suspension and Termination
17.1. Kiwart Solutions may restrict or suspend access where reasonably necessary due to suspected abuse, security threats, unlawful activity, a material breach of these terms, non-payment or a provider restriction.
17.2. Where practicable, customers will be notified of the reason for suspension and the steps required to resolve the issue.
17.3. Where a breach can reasonably be corrected, customers will ordinarily be given an opportunity to correct it before permanent termination, except where immediate action is justified by security, legal or operational risks.
17.4. Customers may request cancellation by contacting Kiwart Solutions or using an available cancellation facility.
17.5. Upon expiry or termination, mailbox access and data retention may be governed by the underlying provider's policies and applicable law.
17.6. Any refund or other remedy following suspension or termination will be determined under the applicable refund policy, the circumstances of the termination and applicable law.
## 18. Changes to Plans and Prices
18.1. Kiwart Solutions may update its plans, features, pricing or operational requirements from time to time.
18.2. Material changes affecting future renewals will be disclosed before the customer is committed to the relevant renewal.
18.3. Changes will not retrospectively remove rights or remedies already accrued to customers.
18.4. Changes required for security, compatibility, provider compliance or legal compliance may be implemented where reasonably necessary, subject to applicable law and existing contractual obligations.
## 19. Intellectual Property
All intellectual property owned or licensed by Kiwart Solutions, including its website, branding, documentation and original materials, remains the property of its respective owner.
Purchasing email hosting does not transfer ownership of third-party software, hosting infrastructure or other intellectual property.
Customers are responsible for ensuring that their email content, attachments and other materials do not infringe third-party rights.
## 20. Limitation of Liability
20.1. To the extent permitted by applicable law, Kiwart Solutions will not be liable for indirect or consequential losses that were not reasonably foreseeable.
20.2. Subject to applicable law, Kiwart Solutions is not responsible for losses arising from independent third-party infrastructure failures, external email delivery problems, provider-side outages or other events outside our reasonable control.
20.3. Kiwart Solutions does not guarantee that every email will be delivered, that all messages will reach inboxes, or that every lost or deleted email can be recovered.
20.4. Customers should maintain independent backups of important business communications and use alternative communication methods for time-critical matters.
20.5. Nothing in these terms excludes or limits liability for fraud, wilful misconduct or any other matter for which liability cannot lawfully be excluded or limited.
20.6. Nothing in these terms prevents customers from seeking a refund, compensation or another remedy where available under applicable law.
## 21. Customer Indemnity
To the extent permitted by law, customers are responsible for claims and losses arising from their unlawful use of the service, infringement of third-party rights or material breach of these terms.
Customers are not required under this clause to indemnify Kiwart Solutions for losses caused by Kiwart Solutions' own negligence, unlawful conduct or breach of its legal obligations.
## 22. Force Majeure
Neither party will be responsible for delays caused by exceptional circumstances beyond its reasonable control, to the extent permitted by law. These circumstances may include natural disasters, widespread internet outages, government action, major infrastructure failures or other exceptional events.
The affected party will take reasonable steps to reduce the impact and resume performance when practicable. This clause does not remove any mandatory statutory remedy.
## 23. Complaints and Grievance Redressal
Customers may submit complaints regarding billing, activation, email delivery, service availability, data recovery or other service issues using the following contact details:
**Kiwart Solutions LLP**
Email: info@kiwartsolutions.com
Phone: 9346647439
Website: https://kiwartsolutions.com
We will endeavour to acknowledge and resolve complaints promptly and within the timeframes required by applicable law.
Where applicable Indian e-commerce law requires the appointment and publication of a Grievance Officer's details, Kiwart Solutions will publish the designated officer's actual name, designation and contact details on the website.
Customers retain the right to approach the appropriate consumer authority or other competent forum under applicable law.
## 24. Governing Law and Disputes
These Terms and Conditions are governed by the laws of India.
The parties will endeavour to resolve disputes through good-faith discussions. Where a dispute cannot be resolved informally, either party may pursue the remedies available before a competent court, consumer commission or other legally authorised forum.
Nothing in these terms prevents a customer from exercising a statutory right or approaching an appropriate authority.
## 25. Amendments
Kiwart Solutions may update these terms to reflect changes in its services, operational requirements or applicable law.
The current version and effective date will be published on the website. Material changes affecting existing customers will be communicated where reasonably practicable and where required by law.
No amendment will retrospectively remove a right or remedy that has already accrued to a customer.
## 26. Severability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
## 27. Entire Agreement
These Terms and Conditions, the plan details displayed at checkout and any applicable written service agreement govern the purchased email hosting service.
Where a separate written agreement expressly addresses a particular matter, that agreement will govern to the extent of any valid conflict.
## 28. Contact Information
For purchases, activation, technical support, billing, renewals, complaints or refunds, contact:
**Kiwart Solutions LLP**
Website: https://kiwartsolutions.com
Email: info@kiwartsolutions.com
Phone: 9346647439
By purchasing an email hosting subscription, the customer confirms that they have had an opportunity to review these Terms and Conditions and agree to the applicable terms, subject to all rights and protections available under applicable law.