Legal
Web Hosting Terms & Conditions
Version 2 · effective 20 Oct 2019 · current
## 1. Introduction and Acceptance
These Terms and Conditions govern the purchase and use of web hosting services offered by Kiwart Solutions LLP ("Kiwart Solutions", "we", "us" or "our").
Kiwart Solutions LLP provides web hosting subscriptions and related support using third-party hosting infrastructure and service providers.
By purchasing or using any web hosting plan through our website, the customer ("Customer", "you" or "your") agrees to these Terms and Conditions.
Customers must actively accept these terms during checkout before completing a 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. Description of Web Hosting Services
Kiwart Solutions facilitates web hosting services for individuals, businesses and ecommerce website owners.
Depending on the purchased plan, services may include:
- Hosting for a business website or ecommerce website.
- Server space and associated hosting resources.
- Website deployment and hosting activation.
- SSL certificate provisioning as specified in the selected plan.
- Basic hosting-related technical support.
- Assistance with eligible server, domain and website connectivity issues.
- Coordination with the underlying hosting provider when technical investigation is required.
The exact scope of services is determined by the selected plan and any separate written agreement.
Unless expressly included in the purchased package, website design, website development, content creation, ongoing maintenance, malware removal, website migration, advanced server administration, software licences and custom programming are separate services.
## 3. Available Hosting Plans and Specifications
The hosting plans currently displayed on our website are billed annually.
The price and specifications displayed during checkout at the time of purchase will govern the applicable order.
### 3.1 Basic Hosting
- First-year hosting price: ₹5,000 per year.
- Website allowance: One website.
- Storage: 1 GB.
- SSL certificate: Included for the first year, subject to the stated plan conditions.
- SSL renewal: ₹3,350 per year, as displayed on the hosting plans page.
- Billing: Annual.
- Auto-renewal: Can be switched off through the customer portal.
- Support: Hosting-related support from the Kiwart Solutions team.
### 3.2 Premium Web Hosting
- First-year hosting price: ₹24,000 per year.
- Website allowance: One website.
- Storage: 5 GB.
- SSL certificate: Included for the first year, subject to the stated plan conditions.
- SSL renewal: ₹3,350 per year, as displayed on the hosting plans page.
- Billing: Annual.
- Auto-renewal: Can be switched off through the customer portal.
- Support: Hosting-related support from the Kiwart Solutions team.
### 3.3 Ecommerce Web Hosting
- First-year hosting price: ₹75,000 per year.
- Website allowance: One ecommerce website.
- SSL certificate: Included for the first year, subject to the stated plan conditions.
- SSL renewal: ₹3,350 per year, as displayed on the hosting plans page.
- Billing: Annual.
- Auto-renewal: Can be switched off through the customer portal.
- Support: Hosting-related support from the Kiwart Solutions team.
The Ecommerce Web Hosting plan's storage capacity and other technical resources will be subject to the specifications confirmed at checkout or separately in writing.
### 3.4 Important Pricing Clarification
The hosting subscription price and SSL renewal charge are separate components where applicable.
The hosting plan renews at its applicable annual price. The SSL certificate may require a separate renewal payment of ₹3,350 per year after the included first-year period.
Any applicable taxes, additional charges or changes to the renewal arrangement will be disclosed before the customer is committed to the relevant purchase or renewal.
Customers should review the plan specifications and renewal pricing before completing checkout.
## 4. Orders, Payment and Activation
4.1. Customers must provide accurate contact information, website details and domain information where applicable.
4.2. Hosting activation begins after successful payment verification and completion of any required technical prerequisites.
4.3. Kiwart Solutions will make reasonable efforts to activate eligible purchases promptly. Activation may require domain configuration, DNS changes, SSL provisioning, website files, database setup or other technical steps.
4.4. Activation may be delayed by payment verification, incorrect customer information, domain issues, third-party provider delays or circumstances outside our reasonable control.
4.5. Customers will receive a purchase or activation confirmation by email where applicable.
4.6. Official invoices are issued separately through Zoho Books after successful payment verification and completion of the applicable billing process.
4.7. If payment is deducted but the order remains pending, customers should contact info@kiwartsolutions.com with the order reference and payment details.
4.8. Customers should not make duplicate payments solely because a confirmation email or invoice has been delayed.
## 5. Subscription Period and Annual Renewal
5.1. Unless otherwise specified at checkout, hosting subscriptions are valid for 12 months from the applicable service commencement date.
5.2. Hosting plans are billed annually. Monthly billing is not available unless expressly offered in writing.
5.3. 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.
5.4. Customers are responsible for arranging renewal before expiry if they wish to continue using the service without interruption.
5.5. Where automatic renewal is offered and enabled, the applicable price, renewal frequency and cancellation procedure will be disclosed before the customer authorises the arrangement.
5.6. Customers may switch off automatic renewal through the customer portal where the option is available.
5.7. Switching off automatic renewal does not ordinarily terminate an already-paid subscription. Hosting will generally remain available until the end of the paid period, subject to these terms and applicable law.
5.8. An expired or unrenewed subscription may be suspended or discontinued. Reactivation, backups and data recovery after expiry will depend on the applicable provider's policies and available technical options.
5.9. Customers should renew their hosting and SSL certificates in time to avoid service interruption or security warnings.
## 6. SSL Certificates and Renewal Charges
6.1. SSL certificates are included for the first year where specified in the purchased hosting plan.
6.2. After the included first-year period, SSL renewal is charged separately at the applicable price displayed on our website or communicated before renewal.
6.3. The current plans page displays an SSL renewal charge of ₹3,350 per year. The applicable charge and renewal arrangement will be confirmed before the customer is committed to the renewal.
6.4. SSL activation and renewal may depend on domain ownership verification, correct DNS configuration and the requirements of the certificate provider.
6.5. Kiwart Solutions will provide reasonable assistance with SSL configuration within the scope of the purchased service.
6.6. SSL certificate issuance or renewal may be delayed by the certificate provider, domain verification problems, DNS configuration issues or other external factors.
6.7. Customers are responsible for ensuring that their domains remain active and that required verification steps are completed.
6.8. Failure to renew an SSL certificate may cause browser security warnings or prevent secure connections from functioning as expected.
6.9. An SSL certificate does not guarantee that a website is free from malware, hacking, vulnerabilities or other security risks.
## 7. Hosting Resources and Website Limits
7.1. Each plan is subject to the storage capacity and website allowance specified at checkout.
7.2. Basic Hosting includes 1 GB of storage and permits one website.
7.3. Premium Web Hosting includes 5 GB of storage and permits one website.
7.4. Ecommerce Web Hosting permits one ecommerce website, subject to the resources and technical specifications confirmed for the plan.
7.5. Customers must ensure that their websites remain within the applicable storage and resource limits.
7.6. Storage, CPU, memory, bandwidth, database connections, file usage and other server resources may be subject to additional restrictions imposed by the underlying provider.
7.7. Customers must not attempt to bypass resource restrictions, overload the server, operate unauthorised services or interfere with other customers' use of shared infrastructure.
7.8. Additional storage, resources, websites or specialised hosting features may require a plan upgrade or separate quotation.
7.9. Kiwart Solutions may recommend an upgrade if a website regularly exceeds the resources available under its current plan.
## 8. Website Availability and Downtime
8.1. Kiwart Solutions will make reasonable efforts to provide the agreed hosting service and assist with reported hosting-related issues.
8.2. Website availability may be affected by server failures, maintenance, DNS problems, network outages, software errors, security incidents, excessive resource usage, third-party failures or other technical circumstances.
8.3. Kiwart Solutions does not guarantee uninterrupted website availability or a specific uptime percentage unless expressly agreed in a separate written service-level agreement.
8.4. Downtime caused by the underlying hosting provider, data centre, network operator, domain registrar or other external service may require investigation by that provider.
8.5. Kiwart Solutions will make reasonable efforts to troubleshoot issues within its control and coordinate with the underlying provider where necessary.
8.6. We cannot guarantee a particular resolution time when an issue requires investigation or corrective action by a third party.
8.7. To the extent permitted by applicable law, Kiwart Solutions is not responsible for downtime or service interruptions caused by third-party infrastructure or circumstances outside our reasonable control.
8.8. Customers should maintain appropriate contingency arrangements for websites that support critical business operations.
## 9. Website Data, Backups and Data Loss
9.1. Website data may include files, databases, images, documents, customer information, product information, order records, email configurations and other website content.
9.2. Unless expressly included in the purchased plan or a separate written agreement, Kiwart Solutions does not guarantee independent backups, a particular backup frequency, permanent data retention or complete data recovery.
9.3. The underlying hosting provider may maintain backups or recovery systems under its own policies. The existence of these systems does not guarantee that all website files or databases can be recovered after an incident.
9.4. Customers are responsible for maintaining independent backups of their website files, databases, ecommerce records and other important information.
9.5. Customers should create a verified backup before making major website changes, installing plugins, upgrading software, changing themes, migrating websites or modifying databases.
9.6. Where a website or database is lost, corrupted, deleted or inaccessible, Kiwart Solutions will provide reasonable assistance within the scope of the purchased service and available technical access.
9.7. Recovery may depend on the availability, completeness and integrity of backups maintained by the customer or the underlying hosting provider.
9.8. To the extent permitted by applicable law, Kiwart Solutions is not responsible for data loss caused by third-party hosting failures, customer actions, insecure software, unauthorised access or other circumstances outside our reasonable control.
9.9. This section does not exclude liability for loss caused by Kiwart Solutions' own breach of contract, negligence or other conduct where liability cannot lawfully be excluded.
9.10. Customers should promptly report suspected data loss, unauthorised changes or website compromise so that appropriate troubleshooting can be initiated.
## 10. Third-Party Hosting Provider Responsibility
10.1. Kiwart Solutions may use third-party hosting providers and infrastructure services to supply the purchased hosting plan.
10.2. The underlying provider manages the infrastructure and technical components within its control, subject to its own service terms and applicable law.
10.3. Kiwart Solutions does not independently operate or control every server, network, data centre, security system or backup system used to deliver the service.
10.4. Issues involving the underlying provider's infrastructure may require investigation or resolution by the provider's technical team.
10.5. Kiwart Solutions will make reasonable efforts to assist customers, communicate relevant information and escalate eligible issues to the provider where appropriate.
10.6. Kiwart Solutions does not guarantee the timing, outcome or success of an investigation or corrective action performed by an independent third-party provider.
10.7. To the extent permitted by applicable law, Kiwart Solutions is not responsible for independent third-party provider outages, infrastructure failures, data loss or interruptions outside our reasonable control.
10.8. Nothing in this section removes Kiwart Solutions' own contractual or statutory obligations for the services it has agreed to provide.
## 11. Website Development and Software Maintenance
11.1. Purchasing a hosting plan does not automatically include website development, redesign, software updates, plugin updates, theme updates, content updates or ongoing maintenance.
11.2. Unless expressly included in writing, the customer is responsible for maintaining the website's application code, content, plugins, themes, scripts and software licences.
11.3. Website updates may introduce compatibility issues, errors or temporary service interruptions. Customers should maintain backups before undertaking significant updates.
11.4. If a website requires custom development, debugging, malware removal, recovery or additional technical work outside the hosting plan, Kiwart Solutions may provide a separate quotation.
11.5. Kiwart Solutions is not responsible for website failures caused by customer-installed software, incompatible plugins, unsupported scripts, third-party integrations or modifications made by the customer or another developer, except to the extent the issue results from our own breach of an agreed obligation.
## 12. Ecommerce Website Responsibilities
12.1. Ecommerce hosting is intended to host one ecommerce website, subject to the purchased plan's specifications and resource limits.
12.2. Customers operating ecommerce websites are responsible for their products, pricing, inventory, customer communications, business operations and legal compliance.
12.3. Customers are responsible for configuring and maintaining their payment gateways, shipping integrations, tax settings, order workflows and other ecommerce functionality unless these services are separately included in a written agreement.
12.4. Payment gateway availability, transaction approvals, settlements, refunds and third-party payment processing are governed by the relevant provider's terms and policies.
12.5. Kiwart Solutions does not guarantee uninterrupted checkout functionality, successful payment processing, uninterrupted inventory synchronisation or successful third-party integrations.
12.6. Customers should maintain independent backups of order records, inventory information, customer data and other critical ecommerce records.
12.7. Customers must not store sensitive payment information in an unauthorised manner and must comply with applicable payment security, privacy and data protection requirements.
12.8. Additional ecommerce development, custom integrations, security investigations or specialised troubleshooting may require a separate quotation unless expressly included in the purchased service.
## 13. Website Security and Malware
13.1. Customers are responsible for using secure passwords, updating supported software and maintaining appropriate security practices for their websites.
13.2. Customers should install trusted plugins and themes, restrict administrative access and remove unused software and accounts.
13.3. Website compromise may occur because of vulnerable software, stolen credentials, malicious code, insecure configurations, third-party integrations or other factors.
13.4. Kiwart Solutions will provide reasonable hosting-related assistance within the scope of the purchased service when security or malware issues are reported.
13.5. Malware removal, forensic investigations, website rebuilding, extensive cleanup, compromised database recovery and advanced security services are not included unless expressly agreed in writing.
13.6. The underlying hosting provider may suspend or restrict a compromised website where reasonably necessary to protect infrastructure, other customers or network security.
13.7. No hosting plan or SSL certificate guarantees that a website cannot be hacked or infected.
## 14. Domain Names and DNS Configuration
14.1. Customers must own or be authorised to use the domain associated with their website.
14.2. Customers are responsible for domain registration, domain renewal and registrar account access unless those services are expressly included in writing.
14.3. Website hosting may require DNS, nameserver, A record, CNAME or other configuration changes.
14.4. DNS changes may take time to propagate and may temporarily affect website or email accessibility.
14.5. Customers must authorise necessary domain changes and ensure that such changes do not unintentionally disrupt other services associated with their domain.
14.6. Kiwart Solutions is not responsible for service 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.
## 15. Customer Responsibilities
Customers are responsible for:
- Providing accurate information during checkout and activation.
- Maintaining their domain registration and renewal where applicable.
- Keeping website credentials secure.
- Maintaining independent backups of important files and databases.
- Ensuring their website content is lawful.
- Maintaining valid software licences where required.
- Using server resources within the purchased plan's limits.
- Securing their website and administrative accounts.
- Ensuring that their website complies with applicable laws.
- Cooperating reasonably with technical troubleshooting.
Customers must not use the hosting service to distribute malware, operate phishing websites, conduct unlawful activities, infringe third-party rights, send prohibited bulk communications or interfere with the security and availability of the hosting infrastructure.
## 16. Technical Support
16.1. Customers may contact Kiwart Solutions for hosting-related support and troubleshooting.
16.2. Support may include assistance with hosting activation, basic configuration, domain connectivity and eligible server-related issues.
16.3. Support may require investigation by the underlying hosting provider or another third party.
16.4. 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.
16.5. Website redesign, custom development, advanced database work, malware cleanup, extensive migration and other services outside the purchased plan may require a separate quotation.
16.6. Customers must provide relevant technical information for troubleshooting without unnecessarily disclosing passwords or sensitive information.
## 17. Refund and Cancellation Policy
17.1. Kiwart Solutions offers a 30-day refund request window for eligible hosting purchases. Customers should submit their requests within 30 calendar days of the original purchase date.
17.2. Refund requests must be sent to info@kiwartsolutions.com with the order reference, registered email address and reason for the request.
17.3. Refund eligibility will be assessed fairly based on the circumstances of the purchase, the condition and performance of the service, any third-party provisioning costs and the customer's rights under applicable law.
17.4. 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.
17.5. Where cancellation or a refund involves termination of hosting, customers should back up and export their website files, databases and other important information beforehand wherever practicable.
17.6. Cancellation prevents future renewal where properly applied but does not automatically entitle the customer to a refund outside the applicable refund policy.
17.7. SSL renewal charges, domain registration fees, third-party licence fees and other separately purchased services may be subject to their own terms, provided those terms comply with applicable law.
17.8. Refund eligibility will not be denied solely because hosting has been activated where applicable law or the circumstances of a defective, deficient or materially misrepresented service entitle the customer to a refund or another remedy.
17.9. Nothing in this policy excludes or waives mandatory consumer rights, statutory remedies or other protections available under applicable law.
## 18. Suspension and Termination
18.1. Kiwart Solutions may restrict or suspend hosting access where reasonably necessary due to suspected abuse, security threats, unlawful activity, a material breach of these terms, non-payment or an applicable provider restriction.
18.2. The underlying hosting provider may independently restrict or suspend services under its own policies.
18.3. Where practicable, customers will be notified of the reason for suspension and the steps required to resolve the issue.
18.4. 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.
18.5. Customers may request cancellation by contacting Kiwart Solutions or using an available cancellation facility.
18.6. Upon expiry or termination, website access and data retention may be governed by the underlying provider's policies and applicable law.
18.7. Customers are responsible for maintaining backups before expiry or termination. Kiwart Solutions does not guarantee that expired or terminated hosting data will remain available for recovery.
18.8. Any refund or other remedy following suspension or termination will be determined under the applicable refund policy, the circumstances of termination and applicable law.
## 19. Limitation of Liability
19.1. To the extent permitted by applicable law, Kiwart Solutions will not be liable for indirect or consequential losses that were not reasonably foreseeable.
19.2. Subject to applicable law, Kiwart Solutions is not responsible for losses arising from independent third-party infrastructure failures, server outages, DNS propagation issues, external network failures or other events outside our reasonable control.
19.3. Kiwart Solutions does not guarantee uninterrupted website availability, complete data recovery, permanent backup retention or the absence of security incidents.
19.4. Customers should maintain independent backups and appropriate contingency arrangements for critical websites and ecommerce operations.
19.5. 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.
19.6. Nothing in these terms prevents customers from seeking a refund, compensation or another remedy where available under applicable law.
## 20. Customer Indemnity
To the extent permitted by law, customers are responsible for claims and losses arising from their unlawful use of the hosting 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.
## 21. 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 network 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 section does not remove any mandatory statutory remedy.
## 22. Intellectual Property and Customer Content
22.1. Kiwart Solutions retains its rights in its own website, branding, documentation and original materials.
22.2. Customers retain their rights in website content and other materials that they own or are authorised to use.
22.3. Purchasing hosting does not transfer ownership of third-party software, hosting infrastructure, themes, plugins or other intellectual property.
22.4. Customers are responsible for ensuring that website content, images, software and other materials do not infringe third-party rights.
## 23. Complaints and Grievance Redressal
Customers may submit complaints regarding hosting activation, billing, website availability, data recovery, renewals 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 hosting plan specifications displayed at checkout and any applicable written service agreement govern the purchased 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 hosting 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 a web 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.