1. Overview

This Terms of Service Agreement is affirmed between the “user” (you) and "Thasanav Software Private Limited" (us) which is made effective from the date when it’s electronically accepted by you. Henceforth, this assures that you (the user) solely comply with our terms and conditions that are applicable to the appropriate services you purchase or access from Thasanav.

In Addition, your electronical acceptance of this agreement implies that you have completely read, understand, acknowledge and accept our terms and conditions, agreements, privacy policies itemized in detail below.

Quick glance on Terminologies followed

Terms We, Our, Us, Provider indicates “Thasanav.host”. On the other hand, the terms “You, Your, Users, Customers, Subscribers” indicates an individual or a company who accepts this agreement. Rest of the terms does in line with the Act namely "definitions under the Information Technology Act, 2000" and generic English Grammatical language.

2. Terms on Services, payment, contract /termination

The scope of the individual services purely depends on the current service description in force at the time of placing the order. It is mandatory for all Subscribers to comply with the applicable law and have assured commitments with respect to their Services committed with Thasanav. By accepting this terms and conditions, customer accepts all the legal conditions mentioned in this complete T&C page. In addition, the customer acknowledges

  1. All official / legal communications must be made in the English language only. Any letters, messages, communications received in any other language apart from English will not be taken into consideration and no legal action can be taken against Thasanav in such situations.
  2. Customer acknowledges that he shall not even try to host, post, use, overwrite, upload, update or share any information which is owned by other customers.
  3. Customers agree not to perform any action for which they are not permitted to do. Such violation result into sudden contract suspension. But the money will not be refundable, if the contract is suspended due to suspicious/harmful doings performed by the customer.
  4. Here by, the Subscriber agree not to violate any law which is in force, not to infringe any patent, copy rights, Trademark and other rights.
  5. Customer is not allowed to have any software viruses or any other code that may disturb, destroy or limit, interrupt the functionality of the computer resources, not allowed to interfere on any operations and services running in the site.
  6. Customer should never ever use this site or services offered from us to promote any illegal operations, any spam or other unsolicited bulk emails, or computer or network hacking or cracking. Customer
  7. If no other agreement has been explicitly reached, the provider shall be permitted to instruct expert staff or third parties to provide the services incumbent upon him. When and where there is a need of active co-operation required from the customer's side on another server, the customer shall provide such co-operation in accordance with the provider's instructions and within the stipulated time. For an instance, during the transfer of a web space package or any other data stored on the provider's servers, customer should co-operate for successful completion of the activity.
  8. If no other agreement has been reached, the provider shall be entitled to demand for the payment in advance for all services ordered by the customer for the respective period.
  9. All webhosting packages ("Webspace"), Colocation services and Domains offered by us is agreed for minimum service period of twelve months. None of your orders will be renewed automatically. That means, Renewal and extensions of any services you offered must be done manually and it’s not automated.
  10. All dedicated server packages and VPS packages offered by us will be served for minimum service period selected by the customer while placing the order. None of your package and/or services will be auto-renewed. Explicit renewal is required for uninterrupted continuous service.
  11. Once the payment which had been made by the customer in advance for the agreed period has expired (or) if you missed to renew the contract with in the specified period, the contract will be terminated and so your account will be disabled.
  12. There may be some third party website link displayed in this Thasanav hosting site and/or on the services offered by our site. Those third party website links are not owned or controlled by us. So, we are not responsible for anything such as content, data collection, privacy policy and Terms and conditions of those third party website. By accessing, utilizing those third party links displayed in this site, the customer explicitly accept those third party site’s terms and conditions, privacy policy and all other regulations of their site. So, customer is full responsible for any damages, loss caused by those third parties to the customer.

No refund will be made at any cost, for any reason

Private Customer

If the customer is placing the order(s) as private customer as a (as defined by 13 BGB), the following applies:

  1. The customer has to pay the provider an appropriate fee which equalizes the ratio of the services already rendered in relation to the total services initially planned for the contract, till when the customer wished to continue the contract with the provider (i,e, until the revocation on the contract). This is valid in the particulars for yearly costs of placing order on Internet domains.
  2. The reason for this is that are ordered individually according to the customer's wish from the responsible registry and such orders have to be paid by the provider for one year in advance.
  3. The reason behind this prior payment: These Internet domains ordered separately by the customer as per their wish from the responsible registry. But those kinds of orders have to be paid by the provider for a year in advance.
  4. The advances made by the customer will be withheld, in general. Due to the installation and start of operation of the hosting services ordered by the customer (setup and configuration of the web space or server, the domain or the colocation space as well as the Internet uplink required, setup of upgrades, etc.), which the provider is contractually obligated to perform, the provider explicitly reserves the right to demand appropriate compensation for lost value if the costs for the services rendered by the provider in relation to the total services intended for the contract are not covered by advances made by the customer.
  5. Provider should be commissioned by the customer to provide services that are over and above the duties and responsibilities detailed in these General Terms and Conditions and in the service description (e.g. software-configuration, correction of errors or problems etc., that were not caused by the provider) the provider shall be entitled to demand adequate payment. In this case, a standard payment of € 25.00 per 15 minute unit of work shall be agreed. The provider may vary from this payment for the benefit of the customer as he sees fit.
  6. Customer is solely responsible to back up their own user content and data and we are not accountable for data backup for any user content or account. Customer shall own any risk on their user content loss or data loss.
  7. The provider shall be permitted to increase fees up once per quarter. Such changes in fees increment require the customer’s agreement. The agreement of the customer shall automatically be considered as “accepted” if the customer did not dissent within 4 weeks after notification of the message about the fee change. The provider is obliged to inform the customer about the consequences of not dissenting within 4 weeks. As long as the main obligation, i.e. the obligation of payment of the basic usage-independent monthly remuneration, is not concerned, the provider determines the pay according to rightful option.
  8. inode limit - The total number of inode is purely based on the plan that have been chosen and paid for.

3. Third party rights and act for any breach

  1. The customer who avails the services from us should explicitly assures that the provision and the contents published in their web page self-created either by the customers and/or web pages created for the customer by the provider based on information provided by the customer. The content published by the customer should neither oversteps Indian law nor any other law applicable in the customer’s country of residence, in particular copyright, data protection and competition law. The provider has the authority to remove any pages from the storage on his server that appear to be of doubtful/susceptible content. The provider shall immediately notify the supplier about any intended deletion of pages. Similarly, If any third parties reached out to the provider to change or delete contents of web pages because they allegedly violate third party rights, then also provider is authorized to delete the appropriate issue causing content and notify the customer.
  2. If such infringement of third party rights encountered in customer’s web pages, the provider shall be authorized to delete such web pages from hard disk storage on his web server. He shall also be entitled to take appropriate action to preclude access by third parties. The provider shall notify the customer immediately about any such measure. Further to make the concerned web pages available again to third parties, the customer should be able to submit the evidence that there are no concerns with respect to the infringement of third party rights. Hence, the customer hereby agrees to take complete responsibility of any claims, infringement and offence by third parties caused by the content of materials on the customer's website(s).
  3. The clauses 1 and 2 are also applicable for all the products offered by the provider which are also suitable for publishing data, such as VPS or colocated servers.

4. Insurance and protection

Hereby, the customer insures and grand complete guarantee to us that the customer takes control of complete accountability of all possible third party claims occurs from any illegal and/or unwanted action performed by the customer or from blunders/faults in the information provided by the latter. This applies even to the specifics particularly to any kind of copyright, data protection and competition law violations. The provider, Thasanav shall not be accountable to verify and/or to ensure the customer's websites for possible legal violations.

5. Particulars on E-Mail and Newsgroup

  1. If the facility of E-Mail addresses or E-Mail services practices comes part of the services offered by the provider, the limitations mentioned under the section “Internet Domains” shall apply in parallel to E-Mail addresses given for the customer. The provider holds the right to delete the customers E-Mail messages, if they are not retrieved from the mail server within 4 weeks of receipt.
  2. If access to public discussion forums (newsgroups) feature is offered by the provider, the facts such as what public news will be posted and how long it will be stored is purely decided, operated by the provider.
  3. The provider shall not be accountable for the E-Mail addresses he provides, their use and management. Its’s out of the control to the provider. In the case of any misuse, the provider shall be entitled to suspend all or individual E-Mail addresses. The customer shall be informed immediately about such measures.

6. Content Restrictions

  1. WebSpace Packages:

    The customer must ensure that the customer’s web site is not causing excessively over-loaded server issue, e.g. caused by CGI/PHP scripting which required high amount of computing power, above or beyond the average memory usage. Excessive loading shall be defined as such usage of the above mentioned resources such that the operation of a Thasanav server is noticeably impaired or even crashes. We, the provider have full right to prohibit customers or third parties from accessing pages that do not comply with the above-mentioned requirements.

    Furthermore, below contents are also impermissible/denied:

    • - Unsolicited bulk E-Mail messages (spam e-mails) or web pages that are connected at any way with spamming
    • - All other scripts and applications that may impair and/or disrupt the function of the server
  2. For dedicated, colocated and virtual servers, the following applies: If no other agreement has been reached, the following content is forbidden:
    • - Unsolicited bulk messages (spam e-mails) or web pages that are connected in some way with spamming
    • - IRCd, the service for Internet Relay Chat
    • - Any scripts and/or applications that may damage and/or disrupt the function of any servers.
  3. As soon as the Clause 1 or 2 are identified at any point in time and cases, the provider have the full right to immediately suspend the webspace package or server. This course of action shall also be implemented to all the other sites stored on the server or other servers within the network of the provider that got affected by the customer's site or server. The customer shall be intimated about any such suspension as well. No refund will also be processed.
  4. If the provider identifies any kind of proxy service, such as VPN or TOR gets operated by the customer on their allocated webspace in the server, then the provider has complete authority to proceed with the immediate suspension of any server or webspace package on which the proxy service, such as VPN or TOR is operated, for which the provider has knowledge of abuse, fraudulent or unlawful use. No refund will also be processed.
  5. Customer is solely responsible for such abuse mentioned in Clause -4 not the provider. On top of all, Customer is solely accountable for such suspension too, not the provider. To explain further, Thasanav shall not be accountable for infringements of contracts due to Clause-4 mentioned above. In any case, the provider's claim of payment of remuneration remains as full package amount which is for the entire contract period.

7. Responsibility Constraints

The provider shall be accountable for only the damages caused or observed by the providers and assignees if in case of gross negligence or no attention. On the other side, provider is not responsible for any damages caused by the customer due to the customer’s negligence or lack of attention, therefore by agreeing this terms and condition electronically customer obey that he is sole responsible for his damages. In cases of violation of critical and mandatory contractual obligations and slight negligence which lead to financial losses liability shall be limited to a liability insurance procured by the provider (with respect to the amount of liability) and to predictable, imminent losses (with regard to the type of liability).The limitations of liability mentioned above do not cover the claims of the customer regarding product liability and definitely not applicable for damage caused to the customer's health (or loss of life) attributable to the provider. Otherwise, liability is excluded.

8. Internet domains

  1. Domain registration or Domain hosting is one of the services offered to the customer. The provider shall only perform the mediator role between the Customer and the domain registration authorities such as DENIC, InterNIC or other. Those domain organisations have their agreements with such sole purpose of governing the customer's rights and obligations. We, as a provider are playing just a mediator role and not responsible for anything related to domain name allocation, web hosting plan selection or any claim by third parties.
  2. The provider has no influence on the domain name allocation. Hence, the customer has no rights to warrant that the registered domain names are not subject to claims by third parties or that they are unique or permanent.
  3. Clause 1 and Clause 2 under Internet domains is applicable for sub-domains allocated within the provider's domain.
  4. If the customer encountered a situation when a third party reached out to the customer to surrender particular domain because of any infringement of third party rights, then the customer shall inform the provider immediately. In such cases, the provider shall be permitted to surrender the Internet domain on behalf of the customer.
  5. Hereby, the customer solely agrees to own complete accountability of any claims, infringement and disputes by third parties or created to the third-parties caused by the unacceptable use of domain names. We, the provider are not responsible for the same.
  6. Also, the customer hereby warrants to the provider that the address details (includes at least the valid customer’s name, address, contact number and E-Mail address) submitted while registration or signing up a new account is accurate, truthful and complete. The provider must be notified about any changes on the information submitted by the customer right immediately in writing (E-Mail, Fax, and Letter). This and under certain conditions further information, will also be used for domains ordered by the customer from the provider.
  7. inode limit - The total number of inode is purely based on the plan that have been chosen and paid for.

9. Server Administration

Below mentioned terms are specific to services corresponds to server (such as dedicated, colocated and virtual servers), not for any other services offered:

  1. The provider owns the complete and sole “administration privilege” on rented/colocated servers to the customer. But, Customer alone is aware of the individual’s administration credentials of the server, not the provider. Hence, the provider couldn’t administrate the rented/colocated server. Hence the customer is solely and entirely accountable for end-to-end administration, safety and security measure of their servers, at his own risks and expenses. Therefore, the customer should take care of necessary security-software installation and to monitor periodically by own regarding safety and security issues. Any security, safety issues encountered at customer’s rented/colocated servers, then it must be fixed by the customer itself at his own expenses. In addition, Installation of maintenance software or other software is also part of customer’s accountability not the provider.
  2. Customer is eligible to receive a fixed IP Address. Still, the provider has the full authority to change these when and where there are any technical necessities. If such changes get applied, Provider should notify the customer about the customer’s new IP-address.
  3. Customer should own the accountability of configuring their programs and applications to restart automatically, when the hardware or the operating system is restarted.
  4. If there is a practical and sensible need, the customer will contribute their support at basic and simple configuration changes, such as entering the credentials again and/or assisting to implement any other simple changes in customer’s system.
  5. inode limit - The total number of inode is purely based on the plan that have been chosen and paid for.

10. Performance Assurance

  1. We (Thasanav) assure an annual mean 95% accessibility of the physical connection on Customer’s webspace packages, dedicated, colocated and virtual servers. But it’s exceptional at certain cases like if the servers becomes out of reach over the internet due to technical or other issues on which the provider's has no control or influence (force majeure, faults of third parties or of the customer).
  2. Data throughput capacities are always limited for particular servers at particular level and not always equal to the maximum allowed data throughput of the corresponding switch-port. Until and unless the provider explicitly agreed, the provider cannot guarantee on the allocating / available bandwidth amount and ratio for an individual customer. This is because there is a complex network infrastructure involved to connect the datacenter of the provider where servers are located in. Hence, Data traffic is passed over various active and passive network components (routers, switches, and other devices), which have a certain maximum data throughput. Still, the provider makes available bandwidth depending on the technical capability of the datacenter, taking into account obligations towards other customers.
  3. Customers have the rights to utilize the servers of the provider or own colocated servers for a manageable amount of different applications and use various software programs to this purpose, at their own preference with caution. Because of this feature, there is a probability of view point for millions of different configurations. This does not permit the provider to assure the usability and compatibility of servers for a certain purposes (exclude if the specifications made explicitly in the description of the offer), the provider cannot provide assurance for the actual resources available for individual webspace packages and VPS. Still, the provider makes available resources depending on technical possibilities, taking into account obligations towards other customers.

11. Data Assurance

  1. We obey the Indian regulation rules and policies defined under the Act "Information Technology Act, 2000 (ITA-2000)".
  2. The provider accumulates processes and uses personal data of a customer without prior permission to some extent that the provider requires such data for the contractual authentication, processing as well as for accounting purposes. Further detailed information regards to the processing and the protection of personal data on the part of the provider are stated in the Stipulations under Thasanav’s data privacy policy.
  3. The provider explicitly declared out that the protection of data privacy for data transmission across open networks such as the Internet cannot always be fully guaranteed with presently provided technology and the environment. The customer is also conscious that the provider technically might be able to see the data stored by the customer on his server at any point in time. This is completely based on the ordered hosting product. Other unauthorised Internet users may also be technically able to interfere with network security and control the flow of messages.

12. Data Accuracy

  1. Customer hereby guarantees that all information provided to Thasanav by the customer is accurate and complete. Also, by clicking on “SUBMIT” the customer agrees to inform immediately if any changes in data provided to Thasanav. In addition, the customer agreed to re-confirm that the data accuracy or correction within 7 days of receiving any such request.

    We refer below as data provided by the customer:
    • Customer Name, E-Mail Address, Valid Telephone number of the customer and Accurate Postal Address
    • Domain Administrator’s Name, E-Mail Address, Valid Telephone number of the customer and Accurate Postal Address
    • Name, E-Mail Address, Valid Telephone number of the customer and Accurate Postal Address of the technician who is responsible for the domain.
    • If the customer provides his own name server, it is necessary to share the IP addresses of the primary and secondary name servers including the names of all these servers.
  2. The clauses mentioned in this section-10 “Data Accuracy” has no influence on Section 16(4).

13. Imbursement and Reactivation Details

  1. If in case, the customer has selected the payment method as, "direct debit" or "credit card", then the customer herewith agrees that payments for the services of the provider shall be debited from his bank account or credit card. Such payments may include:
    • Registration/Setup payment
    • Monthly Server package cost
    • Hosting charges and Domain Costing
    • Bandwidth charges
    • Charges for additional traffics
    • Any other costs that may get added due to any other usage from the provider’s services.
  2. In the case of return debit notes,

    Customer is solely accountable; the provider shall charge a return debit note in accordance with the current price list per debit note, unless the customer proves clearly that there is no damage at all.

  3. In the case of debit collection failure,

    Provider has the complete right to claim default interest fixed by the law immediately. On top of it, the provider shall be authorized to discontinue the service contract until payment is made. The provider shall also be allowed to suspend the contract and reallocate the rented capacities. Data and the account will be deleted if the customer failed to do payment ontime. Provider is not responsible for any data loss in this case. Customer must pay the re-activation fee with respect to the service offered. Refer the section “Reactivation payment detail“for detailed information on reactivation

  4. Clause 3 is applicable for the non-payment scenario, even if the customer has selected the payment option "bank transfer" through “CCAvenue”. If we realize delay in payment, the provider is authorized to disable the account and stop the services offered by the customer until the payment is made.
  5. Refer payment section under Privacy policy https://thasanavhost.com/ for further details.

14. Reactivation payment detail

Account will be disabled at any cost due to below mentioned reasons.

  1. No payment received because of non-payment or failure in payment transaction.
  2. Any sort of unacceptable or vulnerable activities mentioned in any of the below or above clauses

Below mentioned reactivation charges are applicable corresponds to the services and the account can’t be activated until the payment is made.

S. NoPlan/ServicesActivation Charge
1Web HostingRs.500
2ResellerRs.1000
3VPSRs.1500
4DedicatedRs.3000

Refer “Account Deletion/Disable possibilities” under the stipulation of “Thasanav’s privacy policy” to know more about how the data gets protected and/or affected in case of account disability.

15. Law and Jurisdiction Relevance

Every customer should be on the mark of rules and regulations covered under the Act Information Technology Act, 2000”. Any violation on the accountabilities and legality states in this agreement shall be redirected solely to the court of relevant jurisdiction at the place of business of the provider.

The Terms and conditions accepted between you and us shall be administrated by the laws of India. The Courts of law at Chennai, India shall have exclusive jurisdiction on any contradiction or violation encounters under this agreement or other issues relevant to the use of this site or related services. Our failure to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision

Customer agrees that any claim or cause of loss must be filed within 12 months after such claim occurred, if not they are invalid and not acceptable irrespective of any rules or laws.

Local Law Compliance

  1. We never guarantee that the contents of this website or the services given from this site are appropriate to every country or jurisdiction. The customer from the countries or the jurisdiction where the content of this website is considered as illegal should prohibit accessing this content. Customers who access from those countries (where this content of the site or services from this site is considered as illegal) should own the responsibility for the compliance of the local laws, rules and regulations.
  2. Customers/Visitors who choose to visit our websites or to use the services in this site from other jurisdictions are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.

We don’t own the accountability of the above mentioned clause (1) and Clause (2).

Compliance Handling Team

We are keen in focusing at any compliance related issues. According to the Act ITA 2000, we have a separate forum to receive, acknowledge compliance from the customers or users or third parties or any individual. We resolves the issue with the correct solution in the stipulated time. So, any compliance related queries, please E-Mail at support@thasanav.com. The support person will assist further.

You can also reach out to us at to the below given address via postal mail at.

https://thasanavhost.com/,
No 20, 26th St, L Block,
Annanagar East, Chennai - 600102,
Tamilnadu, India.

16. Licensing terms for Microsoft products

This section is applicable for the customers who have opted for Microsoft software product(s) installation such as Windows Server, SQL Server etc. Such customer should fulfil the terms mentioned in the current provisions of the "Microsoft Service Provider Use Rights" (SPUR) and the "End User License Terms" (EULT) which apply within the context of the Microsoft "Service Provider License Agreement" to us (Thasanav).

Any customer who uses Microsfot products is limited to use the restricted access which is applicable to common user according to SPUR or EULT. Customer is strictly prohibited to use Microsoft products that require additional or any other licenses according to SPUR or EULT.

The customer thus accepts to follow the respective stipulated conditions and is taking control and sole power for monitor those periodically. If the customer is making use of the Microsoft software, go through below link for further details:

https://www.microsoft.com/en-in/licensing/product-licensing/products

If the customer purchases licenses along with the servers of the provider, then The provider will provide a license for all customer orders of Microsoft software products considering the Microsoft Service Provider License Agreement. This license is valid only for a monthly base of the Microsoft software product on the server and then the usage will be limited to certain aspects. The customer thus promise the provider that he complies with all Microsoft product bases provisions on his own and is responsible for any mistakes or violations against these standards regularized and stated by the provider and Microsoft.

17. Colocation -/ Housing- / Bandwidth - Offers

The following applies for colocation-/housing-/bandwidth-offers:

  1. The provider is entertained to enable a valid connection to the internet and has the feature of storing position for the server according to the respective product description.
  2. Also, provided a valid reason, the provider enables necessary access to the customer on his server. However, it is limited to Official hours mentioned in the homepage of “Thasanavhost.com”.
  3. To avail the feature of working on the provider’s server system, the customer must send a written request to support-department of the provider “support@thasanav.com“ at least 48 hours in advance. The customer must follow up with the support team of the Thasanav on the same and get a written approval before start to work on the server.
  4. In addition, a valid, accurate, duly signed ID card of the Customer is must to access the server-system.
  5. The provider has to fulfil various duties of supervision and control with customer’s presence in the DC (DataCenter).
  6. As provider’s personnel presence is required, costs begin from Rs. 750 and will be fixed based on the severity and complexity of the service. With prior agreement, the provider can neglect this particular payment in Clause (7) under section 17 at his sole discretion.
  7. If the customer doesn’t present at the particular time when the appointment in made, then also the customer will be billed Rs. 500.
  8. If the customer wish to cancel the appointment made to work on the server , then the customer must send the cancellation request and get it acknowledged by the provider at least 2 hours in advance (must be within business hours or days) or 12 hours in advance(during non-business hours or days)
  9. If there is no cancellation received within the stated time periods and the appointment is not kept, the customer will be billed Rs.500.
  10. Always, provider has the authority to keep the server and/or the equipment of the customer under provider’s custody, if the customer delayed to pay the amount for the services committed. It will be handed over back to the customer, only after the full payment is made.
  11. Therefore, Customer grant the lien on colocated servers and other equipment o the provider for backing claims resulting from the contract between the provider and the customer. The lien continues untill all debt made successfully by the customer to the provider and the contract ends with full payment. Right from when the contract begun, the customer must inform the provider immediately should the server not be or cease to be his property, be pledged or assigned, if the customer is entitled to other rights to the colocated server, especially expectant right, he assigns these to the provider in order to back debts resulting from the contract between the provider and the customer.
  12. Customer will have Reboot facility for free by the provider if it is explicitly stated in the product description, a separate amount for reboots will be charged per month, if it is requested.
  13. The provider never promise or hold the accountability for hardware damage that may happen at some case, for instances during transport to the datacenter, or back to the customer or any damage during transit.
  14. There is no more technical support offered for colocation services, other than what is mentioned in this section. For additional technical support, the customer is charged minimum of Rs.1000 and will be incremented and decided case by case based on the severity, complexity, workload serviced by the provider’s technician.
  15. The provider grand assurance on the availability of resources listed below
    • More than sufficient air conditioning and electricity around the data floor where the servers are located.
    • Periodic maintenance services of technical devices of the data floor.
    • In case of an outage and/or electricity shortage or unavailability, problem in UPS or air conditioning, the provider shall immediately take needed measures restore at the latest during the immediate business day or as earlier as possible.
  16. Claims resulting from operational outage of peripherals (air conditioning, electricity) can only be asserted in case of violation of the guarantees mentioned in clause 6 up to the monthly amount for the colocated server and only if the outage has been lasting for over 72 hours (continuously, without breaks). If financial losses are claimed, these have to be substantiated and will be redeemed after verification up to an amount of € 500.00. In case of a bandwidth-outage such claims are only valid if the guarantees regarding bandwidth made in § 7 clause 1 are undercut.
  17. The provider has no responsibility for any kind of damage and/or data loss. Therefore, here the customer agrees that he is sole owner for any damages originated from the server and so the customer must ensure the enrolment of an adequate insurance
  18. As stated in previous clauses, the customer is the one and only sole accountable person for the colocated equipment for it flawless performance and routine run, so that no negative impact gets applied or passed over for other devices
  19. inode limit - The total number of inode is purely based on the plan that have been chosen and paid for.

Relocation constraints and additional resource handling

  1. If the provider has planned to change the location, then the customer shall be informed about the change a month prior to the change. Each party has a specific cancellation right according to the service availed and so can cancel the performances specified in this contract that are provided in the location which will change using written form. The cancellation will be active from the day the location gets changed.
  2. If the provider has notified the customer in advance and neither party has made use of their special cancellation right, then the contract continues unchanged at the new location. This clause does not come into effect if the reason for the change of the location is an instant dismissal of the rental agreement between the provider and his lessor. In this case, only (clause 3 mentioned below) applies.
  3. The customer is aware of the fact that the provider himself has to rent the datafloor. If this contract concerns the housing and bandwidth provided in the datacenter, the contract concerning this performance ends automatically at the point of time when the rental agreement between the provider and his lessor ends by means of an instant dismissal and the provider has been unable to find a suitable new location. The provider will inform the customer immediately. Other agreements remain untouched.
  4. If the server of the customer requires more electricity or space than the limit mentioned in the rented offer, then customer should take responsibility of the additional charges needed for these additional need of housing-modules that have to be rented - when only noticed later, this change will be retroactive. The number and price of the required additional modules is specified on the homepage of the provider.
  5. Whenever needed, the provider has the full rights to publish Live/Recorded video materials and/or statics images of the datacentre(s). These videos as well as photos might capture the server and/or equipment of the customer. Here by, the customer agrees to this video/image capture and customer solely accepts with no objection.
  6. The provider reserves the right to adjust the price for housing accordingly to an increase of rental- additional and electricity-expenses, under the following conditions:
    • The customer is informed immediately about such a change.
    • The increase takes place solely in order to pass the costs mentioned above and without any intention of enrichment
    • The change takes place at the same point of time the increase takes place
    • The customer has a special cancellation right for bandwidth and housing in the affected datacenter: He can cancel affected subscriptions within three months upon receipt of the message informing him about the change. This special cancellation right is valid during the mentioned three months-period. If it is not used, the contract continues under the adjusted conditions.
  7. Web Resetter Authorization: Hereby, the customers allow the complete privilege to the provider for adding a 'Web Resetter' to the reset-pin of the mainboard of the collocated server. This is made for customer’s benefit in such a way that the provider extends the support to the customer by restarting the customer’s server whenever it is requested by the customer. In addition, this device allows the customer by himself to reboot the server, in case of any upgrade necessity. The provider will remove the |Web-Resetter| device, when the server is returned to the customer.
  8. This lien and the contract is applicable for the claims caused from the services offered in prior.
  9. A written notice will be sent to the customer (to the last given address of the customer) from the provider, if the provider started applying his lien on the cusomter’s server or equipment due to any debt/claims to be fulfilled by the customer. No further notice is required.
  10. If the customer does not collect or rescue his server / other equipment within four weeks after the contract gets ended, the provider will hold the items. It can be handed over only if the customer pay the total recollection fee. Recollection fee is Rs.1000 per item and per month. Hence, the fee will be calculated and collected based on how long the deviced was held by the provider on behalf of customer and how many servers and equipment of the customer are under the provider custody after the contract ends.
  11. Rest of the Legal liens are unaffected by these terms.

18. Contract Modification

Thasanav is the one and only holder of the complete authority who can change the subject terms of this contract. Thasanav make the changes in terms of this contract as long as they are reasonable, taking into account the interests of the provider.

The customer will be notified about the changes and will be requested for their agreement and acceptance on the changes. The customer’s acceptance on the changes shall automatically be taken over if he does not dissent within 4 weeks of time after receipt of the message notifying him about the appropriate changes in terms. The provider is allowed to inform the customer about the ramifications of not dissenting within 4 weeks.

19. Final provisions

We send all sorts of communications like updates, information to the customer via electronic mode. This is applicable even for the invoices sent for services committed under the agreement.

The customer has right only to set off claims against the provider if such claims are recognized as unquestionable or legally binding by the provider.

The provider is authorised to list the customer as a reference-customer without being mentioned to pay a refund.

All prices quoted may have some changes unless they are confirmed contractually. Errors and omissions in our prices exempted.