These Terms of Service (this "Agreement") are a binding agreement between Xenax Cloud India Private Limited ("Xenax Cloud", "we", "us", "our") and you ("Customer", "you", "your"). This Agreement governs your purchase and use of our hosting, cloud, server, storage, network and related products and services and of the website at www.xenaxcloud.com (collectively, the "Services").
By placing an order, creating an account, or using the Services in any way, you agree to be bound by this Agreement. If you do not agree, you are not authorised to use or access the Services.
| Legal entity | Xenax Cloud India Private Limited |
|---|---|
| CIN | U62020UP2024PTC208040 |
| GSTIN | 09AAACX5151C1ZJ |
| Registered office and address for legal notices | H. No. 17, Jyoti Nagar, Fatehpur Road, Banda - 210001, Uttar Pradesh, India |
| Support | support@xenaxcloud.com |
| Billing | billing@xenaxcloud.com |
| Abuse reports | abuse@xenaxcloud.com |
| Grievance Officer | grievance@xenaxcloud.com (see Section 31) |
The following documents are incorporated into this Agreement by reference and form part of it. By using the Services you agree to all of them:
If there is a conflict between documents, the following order applies, from highest to lowest:
Notwithstanding the above, where this Agreement states a specific numerical commitment by us, a refund, a service credit, a notice period, or a response deadline, that commitment applies unless the higher-ranking document is more favourable to you.
By registering for or using the Services you represent and warrant that:
You must provide accurate, current and complete information when you register, and keep it accurate throughout. This includes, because we are required to record and maintain it under direction (v) of the CERT-In Directions dated 28 April 2022:
You must update any of these within 7 days of a change. Providing false, incomplete or misleading information, or failing to keep it current, is a breach of this Agreement and may result in suspension or termination. We are not responsible for any consequence of outdated contact details, including a lapsed domain registration or a suspension notice you did not receive.
We operate under short statutory deadlines, including a 6-hour incident reporting obligation to CERT-In and a 3-hour takedown obligation on a court or government order. You must therefore:
You are responsible for all activity that occurs under your account, including activity by anyone you give access to. Keep your password confidential, use a strong and unique password, and enable two-factor authentication. If we detect that an account password is weak we may require you to change it and may suspend the account until you do. Tell us immediately at support@xenaxcloud.com if you suspect unauthorised access.
You may not open multiple accounts, or use different identities, to obtain new-customer pricing, promotional offers, trials or refunds more than once. Where we identify such conduct, we may suspend all related accounts until outstanding invoices are settled, refuse or reverse the promotional benefit, and terminate the accounts. Where we terminate on this ground we may retain the value of the promotional benefit obtained and our reasonable costs, and will refund any balance of prepaid fees for Services not yet delivered.
Separately, if we have terminated your Services for breach, you must not open a new account or obtain Services from us again, directly or through another person, without our prior written consent. Section 5.6 of the Acceptable Use Policy sets this out in full.
Identity verification is mandatory. We are required to register and maintain validated customer information under direction (v) of the CERT-In Directions dated 28 April 2022, which apply expressly to data centres, virtual private server providers and cloud service providers. Those records must be retained for 5 years after the Service is cancelled or withdrawn: Section 15 of the Privacy Policy explains what is kept and for how long.
Where we offer a trial, the following applies and overrides anything inconsistent elsewhere in this Agreement:
| Service | What we are responsible for |
|---|---|
| Shared hosting, WordPress hosting, reseller hosting (cPanel) | Full server-side support. We manage the server, the control panel and the hosting environment. You are responsible for your website code, applications, plugins, themes and their security. |
| VPS, cloud servers and RDP, Unmanaged by default | We are responsible for the physical host, power, network, storage and the virtualisation layer, and for the console, reboot, reinstall and rescue functions in your control panel. Everything inside the operating system is your responsibility: the OS itself, updates and security patches, firewall configuration, applications, databases, backups and troubleshooting. |
| Dedicated, bare-metal and GPU servers | Hardware provisioning, hardware fault diagnosis and replacement of failed components, network connectivity and reasonable remote-hands assistance. The operating system and everything above it is yours, including GPU drivers, CUDA or equivalent toolkits, and your models and workloads. |
We may, as a courtesy and entirely at our discretion, assist with matters outside the scope above. Doing so once does not create any obligation to do so again, and does not convert an Unmanaged Service into a Managed one.
You are responsible for providing the equipment, software and internet connectivity you need, and for cooperating with us where our performance depends on something from you. We are not liable for delay caused by your failure to provide what we have reasonably asked for.
You are responsible for ensuring that your Customer Content and applications are compatible with the hardware and software we use, which we may change from time to time. On shared and reseller hosting, you must ensure that scripts and programs installed under your account are secure and that file and directory permissions are set appropriately.
We may move your Service between hosts, racks or facilities that we operate for technical, capacity, maintenance, legal or security reasons. Customer Content at rest will remain stored within India. Note that this is a commitment about storage, not about every packet in transit: during an active denial-of-service attack, traffic in transit is routed through our mitigation partner outside India, as described in Section 14 and in Section 14 of the Privacy Policy.
We may modify, improve or discontinue any aspect of the Services. Where a change would materially reduce the functionality of a Service you are currently paying for, we will give you at least 15 days' notice under Section 30, and you may cancel and receive a pro-rata refund of prepaid fees for the unused portion of the affected Service.
GPU servers are bought in for your order and are non-refundable from the moment you confirm it. We do not hold GPU stock; the hardware is purchased against your order, which is why GPU servers work differently from our other Services. Read this section before you pay. We will also state it on your quotation, and you will be asked to acknowledge it at checkout.
GPU servers are procured on demand and are subject to the following, which override anything inconsistent elsewhere in this Agreement and in the Refund Policy:
Nothing in this Section 6.4 affects any right you may have as a consumer under the Consumer Protection Act, 2019.
All Services are prepaid. You must pay for each Service Period before it begins. Payments received are applied first to the oldest outstanding invoice on your account.
We do not charge a setup or activation fee. The price shown on the product page and in the client area at the time you order is the full price of the Service, plus applicable tax. Any charge that is not shown to you before you pay is not payable.
Note that an administrative deduction of 25% of the refundable amount, capped at ₹2,500, applies if you later claim a refund under the money-back guarantee. See Section 9.1. That deduction is not a setup fee and is not charged to you at the time of purchase; it is retained only out of a refund, and only where a refund is actually made.
All listed prices are exclusive of GST and any other applicable tax, cess or levy, which will be added to your invoice at the rate in force on the date of supply. Hosting services are supplied under SAC 998315.
Services do not auto-debit. A renewal invoice is generated 7 days before the Due Date and sent to your registered email address, and is also visible in the client area. You must pay it on or before the Due Date. It is your responsibility to ensure the invoice is paid, whether or not the email reaches you.
Suspension under Section 8.1 does not extinguish a debt. Where an amount remains unpaid after termination, we may recover it together with our reasonable costs of collection, including legal fees. This Section survives termination.
If you believe a charge is incorrect, raise it with billing@xenaxcloud.com within 90 days of the charge. We will investigate and correct any genuine error.
Initiating a chargeback or payment reversal without first raising the matter with us is a breach of this Agreement. We may suspend all Services on your account immediately upon notice of a chargeback, and may recover from you the disputed amount together with any fee levied on us by the payment provider.
Misuse or fraudulent use of any payment instrument is a serious breach of this Agreement. We may report it to law enforcement, to the payment provider, and to the relevant financial institutions, and may terminate your account.
This section governs what happens when an invoice is not paid. Non-payment leads to suspension at the next midnight, and to permanent deletion of your Customer Content and of every backup of it three days after that. Please keep your own backups.
If an invoice is not paid by the Due Date, the Service is suspended automatically at 00:00 IST on the day after the Due Date, by an automated process. We will send a notice of suspension to your registered email address at the time of suspension.
While suspended, the Service itself is offline and your control panel access to it is disabled, but your data is retained and you may request a copy of it: raise a ticket at support@xenaxcloud.com during the three-day window in Section 8.2 and we will provide reasonable assistance in retrieving it. We may charge a reasonable fee for a data retrieval that requires significant work, and will quote it before starting.
Three (3) days after suspension, the Service is terminated and all Customer Content is permanently deleted, including every backup and snapshot of it held by us. After that point your Customer Content cannot be recovered, restored or exported by anyone, including us. This applies to shared hosting, reseller hosting, VPS, RDP and dedicated servers alike.
The three-day window is the only opportunity to recover Customer Content. We strongly recommend maintaining your own independent backups at all times (Section 17).
Two cases have no three-day window. Where we terminate a Service immediately without a suspension stage, which we do only for a severe breach, as Section 12.1 of the Acceptable Use Policy sets out, your Customer Content is deleted on termination. And on a trial, Section 5 applies and content is deleted immediately in every case.
Two cases give you longer. Where we suspend a Service only because we cannot reach you at the contact details on your account, your Customer Content is kept for 30 days rather than 3, and you can restore the Service at any time within that period by contacting us and correcting your details. And where you appeal a suspension to the Grievance Officer under Section 31 before the deletion falls due, the deletion clock stops until the appeal is decided. Neither extension applies where the law requires removal, or in the severe categories in Section 12.1 of the Acceptable Use Policy.
Section 8.2 concerns your Customer Content. It does not, and cannot, apply to records we are required by law to keep. Those include your validated registration and identity verification records and IP allocation records (5 years from cancellation, under direction (v) of the CERT-In Directions, 2022), logs of our ICT systems (180 days minimum, under direction (iv)), invoices and tax records (8 financial years), and anything preserved for an open investigation or legal request. Section 15 of the Privacy Policy sets out every category and period, and is the governing document on this question.
At any time before deletion under Section 8.2, you may restore a suspended Service by paying all outstanding amounts in full. Your data will be intact. Once deletion has occurred, reactivation is not possible and you will need to place a fresh order.
You may cancel a Service at any time through the cancellation form in the client area. We require cancellations through that form so that we can confirm your identity, document the request, and be sure you understand that your data will be deleted. You will receive an acknowledgement with a ticket reference.
You may choose for the cancellation to take effect at the end of the current Service Period, or immediately. If you choose immediate cancellation, the Service is terminated and your Customer Content and all backups of it are permanently deleted at 00:00 IST on the day following your request, when our automated process next runs. The three-day window in Section 8.2 does not apply. Export everything before that time.
You remain liable for all fees accrued up to the effective date of cancellation. Refunds, where available, are governed by Section 9 and the Refund Policy.
We may suspend or terminate any or all of the Services, in whole or in part, with or without notice, if:
Where we terminate for one of these reasons, no refund is payable and prepaid fees for the terminated Service are forfeited. We will not charge you for any period after termination, and this does not affect any right you may have as a consumer under the Consumer Protection Act, 2019. Where we terminate a Service for a reason that is not your breach, for example under Section 6.3 or Section 14, those Sections provide for a pro-rata refund instead.
We expect ordinary professional courtesy in both directions, and our staff are instructed to extend it to you. If you subject our staff to abuse, threats, harassment or discriminatory conduct, we may, after a warning where the circumstances reasonably allow one, suspend or terminate your Services. Where the conduct is severe, such as a credible threat, we may act without warning. Data deletion in such cases follows the ordinary timeline in Section 8.2; we do not delete data as a punishment.
The following survive termination or expiry of this Agreement: Sections 2, 7 (in respect of amounts accrued and Section 7.5), 8.2, 8.3, 9 (for the claim periods stated), 11 (to the extent necessary for us to comply with Sections 8.3 and 19), 13, 15 (for the claim period stated), 19, 20, 21 (record-furnishing and Section 21.2), 24, 25, 27, 28, 29, 31, 32 and 33.
This section summarises the Refund Policy, which governs in the event of any conflict.
We offer a 15-day money-back guarantee on Web Hosting, WordPress Hosting, Reseller Hosting, VPS, cloud servers and RDP, on your first term with us. It does not apply to renewals. It is intended for a customer who genuinely finds the Service unsuitable, and the Refund Policy sets out the criteria we assess against. It is subject to the following:
Subjective complaints, for example that the server or the network "felt slow", are not a ground for a refund unless supported by evidence. If you believe performance fell below what was promised, provide specifics: timestamps, test results, traceroutes, or monitoring output. We will investigate against our own monitoring and logs, and our determination, made reasonably and in good faith, is final for the purposes of this Agreement, without prejudice to your statutory rights. Where the issue is qualifying Downtime, the service credits in Section 15 are your remedy.
The following are not covered by the money-back guarantee and are not otherwise refundable, except where a refund is expressly provided under Section 6.3, Section 6.4, Section 14, Section 32.4, Section 12.1 of the Privacy Policy, or Section 14 of the Acceptable Use Policy: dedicated servers and bare-metal servers; GPU servers once provisioned (Section 6.4); colocation; the administrative deduction described in Section 9.1; software and control-panel licences; migration charges; additional IP addresses; additional bandwidth; domain registrations, transfers and renewals; and the ₹1 trial charge. Where we cancel an order before the Service has been provisioned for reasons of our own, rather than because of anything you did, we refund in full with no deduction.
The full Acceptable Use Policy governs what you may and may not do with the Services. It forms part of this Agreement and you should read it in full.
As required by Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you must not use the Services in relation to any information, content or material that:
Child sexual abuse material, and any content that sexualises a minor, results in immediate termination without notice, and is reported to the appropriate authority.
You are responsible for all Customer Content and for the conduct of everyone who uses your Services, including your own customers and end users. If your account is compromised and used for prohibited activity, we may disable it, and if you do not remediate after being notified we may keep it disabled. We may, at our discretion and for an additional fee, clean up a compromised account at your request.
Where your Customer Content includes personal data relating to any person other than you, you are the Data Fiduciary for that data and we are your Data Processor. You must have a lawful basis for the processing, provide your own privacy notice, obtain any consent required, honour your users' rights, and comply with the Digital Personal Data Protection Act, 2023 and any other applicable data protection law. You must notify us at abuse@xenaxcloud.com without delay of any personal data breach affecting shared infrastructure. Section 22 of the Privacy Policy sets out our corresponding commitments to you.
Customer Content remains yours. We claim no ownership of it.
You grant us a non-exclusive, royalty-free licence, limited to the purpose of providing the Services, to host, store, copy, cache, transmit, reproduce, back up and display Customer Content, and to make such technical modifications as are necessary to operate the Services (for example, format conversion for transmission or storage). We acquire no other rights. We will not publish, distribute, license, sell, translate, adapt or exploit your Customer Content for our own purposes, and we will not use it for advertising, profiling or artificial-intelligence training.
This licence ends when the Services end, except that it continues for so long as, and only to the extent that, we are required to retain material under Section 8.3 or Section 19, and for that period the licence permits storage and lawful disclosure only.
You represent and warrant that you hold all rights necessary to store and transmit your Customer Content through the Services, and that doing so does not infringe or violate the rights of any third party.
We do not read your websites, databases, emails or files as a matter of routine. Three automated processes are an exception: automated malware scanning runs over files on shared, WordPress and reseller hosting servers, outbound spam detection runs over mail leaving our network, and inbound spam and antivirus filtering runs at the gateway on mail arriving for mailboxes we host. All are automated, none is human review, and all are used only for security, Section 10 of the Acceptable Use Policy and Section 10 of the Privacy Policy describe them. Section 9 of the Privacy Policy sets out the limited circumstances in which a person accesses your content, and Section 12 of that Policy explains what happens to messages you send to our website chatbot, please do not send confidential material through it.
Each plan has published limits, storage, inodes, CPU, memory, entry processes and bandwidth, set out on the product page for that plan. Those published limits form part of this Agreement. Please check them before you buy; they differ between product categories.
Each plan includes a bandwidth allowance for each Service Period, currently ranging from 2 TB to 10 TB depending on the plan, and resetting at the start of each Service Period. When the allowance is exhausted, we reduce the port speed for the remainder of that Service Period rather than suspending the Service or charging overage automatically.
Additional bandwidth may be purchased through the client area at the price published on our website at the time of purchase, plus applicable tax. The price shown in the client area at the time you place the order is the price that applies.
Network ports are provisioned at up to 500 Mbps on a shared basis unless dedicated bandwidth is expressly stated in writing. "Up to" means maximum available port capacity, not guaranteed or dedicated throughput. Actual speed varies with overall network utilisation, peak hours, the condition of destination networks and upstream provider performance. Sustained throughput at the maximum advertised speed is not guaranteed on a shared connection. Dedicated or committed bandwidth may be available on request, at additional cost and subject to feasibility.
Where usage is abnormal and materially degrades the experience of other customers on the same infrastructure, we may throttle, limit or review the Service. We will normally contact you first and give you an opportunity to reduce consumption; where the impact is severe or ongoing we may act immediately. We may also review any account for usage that appears to breach this Agreement or the Acceptable Use Policy, and may apply additional fees, restrict resources, or terminate the Service.
Network performance issues that originate outside our infrastructure, third-party networks, peering routes, transit providers or destination servers, are outside our control and outside our responsibility.
When a Service is newly provisioned, it is your responsibility to check within 3 days whether the assigned IP address appears on any blacklist or reputation list.
Denial-of-service attacks are a routine hazard of hosting. Our first duty is to keep the network available for all customers, and that sometimes means acting against a single IP address immediately.
The identity and location of our current mitigation partner is disclosed in the Privacy Policy.
We commit to 99.5% monthly uptime on all paid Services. If we fall below it, you are entitled to a service credit on the scale below.
| Monthly uptime achieved | Downtime in the month | Credit |
|---|---|---|
| 99.50% or above | Up to 216 minutes | No credit |
| 99.00% up to but not including 99.50% | More than 216 minutes, up to 432 minutes | 1 day added to the Service |
| 97.50% up to but not including 99.00% | More than 432 minutes, up to 1,080 minutes | 3 days added to the Service |
| 95.00% up to but not including 97.50% | More than 1,080 minutes, up to 2,160 minutes | 5 days added to the Service |
| Below 95.00% | More than 2,160 minutes | 7 days added to the Service |
The minute figures shown are for a 30-day month. Uptime is calculated per calendar month as a percentage of the total minutes in that month, so the minute thresholds scale with the actual length of the month while the percentages remain fixed.
Credits are not automatic. Raise a ticket to our Billing department within 30 days of the end of the month in which the Downtime occurred, stating the Service, the dates and times, and what you observed. This is a notification requirement so that we can investigate while the evidence is fresh; a later claim may be declined because we can no longer verify it, but nothing here shortens any period allowed to you by the Limitation Act, 1963. This right to claim survives termination of the affected Service.
Downtime is determined by our own monitoring and system records, which are final for the purposes of this Agreement, without prejudice to your statutory rights. Third-party monitoring reports may be submitted as supporting evidence and we will consider them, but they cannot by themselves establish a claim, because such services measure across transit paths and network conditions we do not control.
The following do not count as Downtime and do not qualify for credits:
Planned maintenance is notified in advance through the channels in Section 16.2. Emergency Maintenance may be carried out without prior notice; we will publish information about it as soon as we reasonably can. Both are excluded from the uptime calculation.
Notices sent to your registered email address are deemed received on the day they are sent. It is your responsibility to keep that address current and working. Failure to receive a notice, including because it was filtered as spam, because the mailbox was full, or because you did not join the WhatsApp channel, does not affect its validity.
You consent to receiving all notices, disclosures and communications from us electronically, and agree that they satisfy any legal requirement that such communication be in writing. This does not affect your statutory rights.
Operational notices may be sent to the email addresses at the top of this Agreement. Formal legal notices must be sent in writing to our registered office at H. No. 17, Jyoti Nagar, Fatehpur Road, Banda - 210001, Uttar Pradesh, India, with a copy by email to grievance@xenaxcloud.com.
As required by Rule 3(1)(c) of the IT Rules, 2021 as amended, we will inform you at least once every three months: through the client area and by email, of this Agreement, the Privacy Policy and the Acceptable Use Policy and of any change to them; that we have the right to terminate your access or usage rights, or to remove non-compliant information, or both, for non-compliance; and of the legal consequences of non-compliance, including our obligation to report certain offences to the appropriate authorities.
You are responsible for your own backups. Always. The backups we provide are a free courtesy, offered on an as-is basis with no guarantee. Do not rely on them as your only copy.
As a courtesy and at no additional charge, we currently provide:
These backups are provided without warranty of any kind. We do not guarantee that a backup exists, that it is complete, that it is current, that it can be restored, or that a restore will succeed. We give no recovery point or recovery time commitment. We may modify, reduce or discontinue the courtesy backup service on notice under Section 30.
You agree to maintain your own independent, off-platform backups of everything you cannot afford to lose. Our liability in relation to backups and data loss is addressed in Section 28. Note that under Section 8.2, backups are deleted together with the Service three days after suspension.
We offer a free migration for shared hosting only, limited to one (1) domain and a compressed account size not exceeding 1 GB. It is a courtesy service, not a contractual obligation.
We must be able to obtain a full cPanel backup from your existing host. We make no guarantee as to the availability, feasibility or timing of a migration. Hosting platforms are configured differently and some store data in incompatible or proprietary formats, which can make migration difficult or impossible. In some cases we may not be able to help at all.
Take your own backup before any migration. Migrations outside the free scope may be quoted separately; migration charges are non-refundable.
We are an intermediary within the meaning of Section 2(1)(w) of the Information Technology Act, 2000. We handle complaints in accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as amended with effect from 20 February 2026, the Copyright Act, 1957 and the Copyright Rules, 2013, and our Copyright, DMCA and Abuse Policy.
On receiving actual knowledge through a court order, or on being notified by an appropriate government agency, that information hosted on the Services is being used to commit an unlawful act, we will remove or disable access to it within 3 hours, as required by Rule 3(1)(d) of the IT Rules, 2021 as amended. We will make reasonable efforts to notify you as soon as we are able, subject to the same exceptions as Section 20.
Copyright complaints concerning content hosted on our infrastructure are handled under the proviso to Section 52(1)(c) of the Copyright Act, 1957 read with Rule 75 of the Copyright Rules, 2013. On receiving a complaint that complies with those provisions, we will disable access to the identified material within 36 hours of receipt, as Rule 75(3) requires, and will notify you afterwards rather than before. Access remains disabled for 21 days from the complaint, or until a competent court orders otherwise, whichever is earlier. If the complainant produces no court order within that period, we restore access. You may send us a written counter-statement, and where you produce documents showing the complaint is unfounded we may restore access before the 21 days expire. The Copyright, DMCA and Abuse Policy sets out the full procedure. Nothing in this Section prevents us from acting under the Acceptable Use Policy where the content also breaches it.
We also accept notices in DMCA form as a courtesy for content connected to other jurisdictions, but the Indian procedure above is the one that governs.
Where we preserve evidence for an investigation or a legal request, we may take and retain a copy of the relevant data for as long as the investigation or obligation subsists, notwithstanding Section 8.2. We will make reasonable efforts to tell you that we have done so, subject to the same exceptions as Section 20.
We do not disclose a complainant's identity or contact details to you unless required by law, and we do not disclose your identity to a complainant except as set out in Section 20.
We disclose customer information to courts, law enforcement agencies, CERT-In and other regulatory or government authorities where we are required to do so under applicable law, or in response to a valid legal, regulatory or law-enforcement order. We do not make voluntary disclosures in the absence of such a requirement or order, except where there is an imminent risk to life or safety.
We will make reasonable efforts to notify you that a request concerning your account has been received, so that you may take advice or challenge it, unless we are legally prohibited from doing so, or we reasonably believe that notifying you would prejudice an investigation or create a risk to any person's safety.
Orders from outside India. An order of a foreign court or agency is not directly enforceable against us. Acting on one would mean disclosing your information or removing your content without any legal duty to do so. A foreign requesting party must have the order recognised or enforced through the Indian courts, or apply to an Indian court or authority directly. This does not prevent us acting where the underlying content or conduct independently breaches the Acceptable Use Policy or Indian law.
The Privacy Policy governs on any question concerning personal data.
If you purchase reseller hosting or otherwise resell our Services to your own clients, the following applies in addition to the rest of this Agreement.
Effect on your clients if your account is terminated. Your clients' services sit under your account. If your account is suspended and then terminated, for non-payment, for breach, or for any reason in Section 8.6, every service under it is terminated and all Customer Content and backups are permanently deleted three days after suspension, exactly as Section 8.2 provides. That includes every one of your clients' servers. They will not be contacted by us, they have no separate account with us, and they cannot recover their data from us afterwards. Keep your account in good standing, and tell your clients to keep their own backups.
Where a complaint concerns a service you have resold, we deal with you. Two different clocks apply:
This window cannot extend a deadline the law puts on us. Several categories carry statutory clocks that run against us regardless of what we have agreed with you, 2 hours for non-consensual intimate imagery, 3 hours for a court or government order, 36 hours for a Rule 3(1)(b) removal request and for a complying copyright complaint under Rule 75, and 6 hours to report a qualifying incident to CERT-In. Where one of those applies we act within it and tell you afterwards, whether or not your 48 hours has run. The window is real for everything else.
This concession applies only where the service is genuinely resold to an unrelated third party under a reseller product. It does not apply to a service you use yourself, and it does not extend the 24-hour deadline for furnishing end-client records above.
Where we give you API access for provisioning and managing services programmatically, typically for integration with WHMCS or a similar platform:
Where you register, transfer or renew a domain through us, we act as a reseller of an accredited registrar or of the relevant registry. The registry's and registrar's own policies apply to the registration, ICANN policies and the UDRP for generic top-level domains, and the policies of NIXI / the .IN Registry and the INDRP for .IN and its second-level domains.
Dedicated servers, bare-metal servers and colocation are provided under a separate written agreement signed between you and us. That agreement contains its own terms, which typically include a minimum commitment or lock-in period, specific hardware, power and cross-connect specifications, and its own commercial and termination provisions.
Where such an agreement exists, it prevails over this Agreement for the Services it covers (Section 1.1). Where it is silent, this Agreement applies.
Dedicated servers and colocation are not covered by the money-back guarantee and are not refundable, except where Section 6.3 or Section 14 expressly provides otherwise or the separate agreement says so.
All content available through the Services other than Customer Content, including the design, text, graphics, images, video, software, audio and other files on our website and in our control panels, and their selection and arrangement (collectively, "Xenax Cloud Content"), is our property or that of our licensors.
You may not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, sell or exploit Xenax Cloud Content except as expressly permitted. You may not reverse engineer, decompile or disassemble it, or attempt to derive source code or trade secrets from it. All rights not expressly granted are reserved.
Neither party may use the other's name, logo or trademarks, or refer to the other as a customer or supplier in any public communication, without the other's prior written consent, except that either party may state the existence of the relationship where required by law or by a regulator.
Each party may receive information of the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Each party will keep the other's Confidential Information confidential, use it only for the purposes of this Agreement, protect it with at least the care it applies to its own confidential information, and disclose it only to those of its personnel and advisers who need it and who are bound by equivalent obligations.
These obligations do not apply to information that is or becomes public without breach, was already lawfully held, is independently developed, or is required to be disclosed by law or by a competent authority, in which case the disclosing party will, where lawful, give the other reasonable notice. Customer Content is your Confidential Information. These obligations survive for 3 years after termination, and indefinitely in respect of personal data and trade secrets.
We may resell or make available third-party hardware, software, licences and services ("Third-Party Products"), which are subject to the terms of the third-party provider. Any discounts or promotions may carry additional restrictions imposed by them.
We make no representation or warranty as to the quality, availability, timeliness or performance of any Third-Party Product, and a malfunction or manufacturer's defect in one is not a breach of our obligations. Your rights and remedies in respect of a Third-Party Product are limited to those the manufacturer or licensor extends to you. We are not your agent, representative, trustee or fiduciary in any dealing with a third-party provider.
You may use a Third-Party Product supplied by us only in connection with your permitted use of the Services. You may not copy, alter, reverse engineer, tamper with, resell, transfer, export or re-export it in breach of any applicable law or licence.
Our website and communications may link to third-party websites and content that we do not own or control and do not review. If you access them you do so at your own risk and under their terms, not ours.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
EXCEPT FOR THE UPTIME COMMITMENT IN SECTION 15, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE, THAT ANY PARTICULAR RESULT WILL BE OBTAINED FROM THEIR USE, OR THAT ANY INFORMATION PROVIDED THROUGH THEM IS ACCURATE, RELIABLE OR COMPLETE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY DATA TRANSFERRED TO OR FROM, OR STORED BY, USERS OF THE SERVICES.
Nothing in this Agreement excludes or limits any warranty, right or remedy that cannot be excluded or limited under applicable Indian law, including under the Consumer Protection Act, 2019 where it applies to you.
SUBJECT TO SECTIONS 28.3 AND 28.4, IN NO EVENT WILL XENAX CLOUD, ITS DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, OR LOSS OR CORRUPTION OF DATA (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO SECTION 28.4, OUR TOTAL AGGREGATE LIABILITY TO YOU, AND TO ANYONE CLAIMING THROUGH YOU, FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, WHATEVER THE CAUSE AND WHATEVER THE FORM OF ACTION, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE AFFECTED SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE-QUARTER OF THE AMOUNT YOU PAID US FOR THE AFFECTED SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THAT EVENT. THIS IS AN AGGREGATE CAP. THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT INCREASE IT.
Limb (b) exists so that the cap is never nil merely because you pay annually or quarterly in advance.
Section 28.1 does not exclude our liability for direct loss you actually suffer as a result of our failure to implement the security safeguards described in Section 19 of the Privacy Policy, or as a result of a personal data breach caused by that failure. Such liability remains subject to the cap in Section 28.2.
Sections 28.1 and 28.2 do not apply to:
You acknowledge that the fees for the Services have been set on the basis of the allocation of risk in this Section, and that the Services would be priced materially differently without it. Where a service credit is available under Section 15, it is your sole and exclusive contractual remedy for the failure it relates to.
You agree to indemnify, defend and hold harmless Xenax Cloud, its affiliates, and their respective directors, officers, employees and agents (each an "Indemnified Party") from and against all claims, demands, suits, actions, proceedings, damages, losses, liabilities, fines, penalties and expenses (including reasonable legal fees and the reasonable cost of internal investigation and remediation) brought by or payable to any third party, arising out of or relating to:
We will notify you of any claim for which we seek indemnity, and will give you a reasonable opportunity to assume the defence at your cost with counsel reasonably acceptable to us. We may participate in the defence at our own cost. You may not settle any claim in a way that imposes any obligation or admission on an Indemnified Party without our prior written consent.
We will indemnify you on equivalent terms against any third-party claim that the Xenax Cloud Content or the platform itself, as supplied by us and used in accordance with this Agreement, infringes that third party's intellectual property rights.
This Section survives termination.
We may amend this Agreement. The current version is always published at www.xenaxcloud.com/terms, with the effective date and version number at the top. Previous versions are kept and will be provided on request.
Material changes will be notified at least 15 days before they take effect, by email to your registered address and by announcement in the client area. Non-material changes, corrections, clarifications and updates to contact details or links, take effect on publication. We will additionally remind you of this Agreement and our policies at least once every three months under Section 16.4.
If you do not accept a change, you may cancel the affected Services before it takes effect and receive a pro-rata refund of prepaid fees for the unused period. Continuing to use the Services after the effective date means the amended Agreement applies to you. Where a change concerns processing based on your consent, the Privacy Policy governs and fresh consent will be sought.
Prices may change at any time, but a change never affects a Service Period you have already paid for. Your active Service continues at the price you paid until its Due Date. The new price applies from your next renewal and is shown on the renewal invoice, which is generated 7 days before the Due Date.
If you do not wish to renew at the new price, do not pay the renewal invoice, or cancel through the client area before the Due Date.
In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as amended with effect from 20 February 2026, and the Digital Personal Data Protection Act, 2023, the details of our Grievance Officer are set out below.
| Grievance Officer | Mr. Sanket Tripathi |
|---|---|
| grievance@xenaxcloud.com | |
| Postal address | Xenax Cloud India Private Limited, H. No. 17, Jyoti Nagar, Fatehpur Road, Banda - 210001, Uttar Pradesh, India |
| Type of complaint | Our deadline |
|---|---|
| Acknowledgement of any complaint | 24 hours |
| Resolution of a general complaint | 7 days |
| Request to remove content falling within Rule 3(1)(b) of the IT Rules, 2021 | 36 hours |
| Content in the nature of non-consensual intimate imagery, nudity, a sexual act, or impersonation including morphed or artificially generated images | 2 hours |
| Request under the Digital Personal Data Protection Act, 2023 to exercise your rights over personal data | 30 days (see Section 17 of the Privacy Policy) |
Please include your account or client ID, your registered email address, and a clear description of the complaint.
If you are dissatisfied with the Grievance Officer's decision, you may appeal to the Grievance Appellate Committee constituted under Rule 3A of the IT Rules, 2021, within 30 days of receiving that decision. Complaints concerning personal data may be escalated as set out in the Privacy Policy.
This Agreement, together with the documents incorporated by reference in Section 1, is the entire agreement between us on its subject matter and supersedes all prior discussions, negotiations, representations and agreements. Neither party relies on any statement not set out in it, except that nothing excludes liability for fraudulent misrepresentation.
You may not assign or transfer this Agreement or any right or obligation under it without our prior written consent, and any attempted assignment without consent is void. We may assign this Agreement, and may engage subcontractors and agents to perform our obligations, without your consent. This Agreement binds and benefits the parties and their permitted successors and assigns.
Either party may terminate this Agreement immediately on notice if the other becomes insolvent, is wound up, has a receiver or liquidator appointed, or is subject to a corporate insolvency resolution process. Where an account holds no active Service and no activity for 12 months, we may close it after giving 30 days' notice to your registered email address.
Neither party is liable for any delay or failure in performing its obligations (other than an obligation to pay money) caused by circumstances beyond its reasonable control, including fire, flood, earthquake, epidemic, act of God, war, terrorism, civil unrest, labour dispute, government action, power failure, failure of a telecommunications or transit provider, large-scale internet disruption, or failure of a third party to supply equipment or materials. If such an event continues for more than 60 consecutive days, either party may terminate the affected Service on notice, and we will refund prepaid fees for the unused period.
Each party will comply with all applicable anti-bribery, anti-corruption and anti-money-laundering laws, and will not offer or accept any improper payment in connection with this Agreement.
If any provision of this Agreement is held illegal, invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable while preserving its intent, or if that is not possible, severed. The remaining provisions continue in full force.
No failure or delay in exercising any right operates as a waiver of it, and no single or partial exercise precludes any further exercise. A waiver of one breach is not a waiver of any other or subsequent breach.
The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, employment or fiduciary relationship, and neither party may bind the other.
This Agreement is for the benefit of the parties and their permitted successors and assigns only. No other person has any right to enforce it, except that a supplier expressly identified as a third-party beneficiary in a service description may enforce the provisions that relate specifically to its products or services.
Headings are for convenience only and do not affect interpretation. The English version of this Agreement is the only current and valid version. Any translation is provided for convenience only, is not legally binding, and cannot replace the English version. In the event of any conflict, the English version prevails. This does not restrict your right to receive our privacy notice in English or in any language specified in the Eighth Schedule to the Constitution of India.
This Agreement and any dispute arising out of or in connection with it, including any non-contractual dispute, is governed by and construed in accordance with the laws of India.
Before commencing any proceeding, the parties will attempt in good faith to resolve the dispute. Either party may start this process by sending a written notice to the other describing the dispute and the outcome sought, from you, to grievance@xenaxcloud.com. The parties will then confer in good faith for 30 days from the date of that notice. Neither party may commence proceedings until that period has expired, except to seek urgent interim or injunctive relief and except as provided in Section 33.3.
Subject to Sections 33.1 and 33.3, the courts at Banda, Uttar Pradesh, India have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement, and the parties submit to that jurisdiction.
Nothing in this Section 33, including the 30-day period in Section 33.1 and the exclusive jurisdiction in Section 33.2, affects any right you have as a consumer to institute a complaint before any Consumer Commission having jurisdiction under Section 34(2), Section 47(4) or Section 58(3) of the Consumer Protection Act, 2019, including a Commission within whose jurisdiction you ordinarily reside or personally work for gain, or to do so at any time without first exhausting Section 33.1.
Any claim arising out of or in connection with this Agreement must be brought within the period prescribed by the Limitation Act, 1963.
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