Terms of Service

Last Updated: January 15, 2025

These Terms of Service govern your use of Medhacloud's cloud hosting, managed services, and IT consulting services. Please read carefully before using our services.

IMPORTANT: By accessing or using Medhacloud services, you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services. These terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Medhacloud Solutions Private Limited ("Medhacloud," "we," "our," or "us").

1. Services Provided

Medhacloud provides the following services ("Services"):

  • Cloud Hosting: Shared, VPS, dedicated servers, cloud infrastructure (AWS, Azure, Google Cloud)
  • Specialty Hosting: HIPAA-compliant, PCI-DSS, SAP ERP, managed database, managed application hosting
  • Managed Services: 24/7 infrastructure management, monitoring, security, backup, disaster recovery
  • Professional Services: IT consulting, cloud migration, digital transformation, architecture design
  • White Label MSP: NOC, SOC, helpdesk, managed IT services for resellers and MSPs

Specific services are detailed in your Service Order or Statement of Work (SOW).

2. Account Registration and Eligibility

2.1 Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts. By registering, you represent that all information provided is accurate and complete.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

  • • Use strong passwords and enable multi-factor authentication (MFA)
  • • Notify us immediately of unauthorized access
  • • Accept responsibility for all activities under your account
  • • Not share credentials with unauthorized parties

2.3 Account Suspension

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose security risks.

3. Fees and Payment Terms

3.1 Pricing

Service fees are specified in your Service Order or Invoice. Prices are in Indian Rupees (INR) unless otherwise stated. We reserve the right to change pricing with 30 days' written notice.

3.2 Billing and Invoicing

  • Billing Cycle: Monthly, quarterly, or annually as agreed
  • Payment Methods: Bank transfer, credit card, online payment gateways
  • Due Date: Payment due within 15 days of invoice date unless otherwise agreed
  • Late Payments: Interest charged at 1.5% per month (18% per annum) on overdue amounts
  • Taxes: All fees exclude applicable taxes (GST, service tax). Customers responsible for taxes

3.3 Overdue Accounts

Accounts overdue by 30+ days may be suspended. Services will be restored upon full payment. Accounts overdue by 60+ days may be terminated, and data may be deleted.

3.4 Refund Policy

No Refunds: All fees are non-refundable except where required by law. Service credits may be issued at our discretion for SLA violations (see SLA for details).

4. Acceptable Use

You agree NOT to use our Services for:

  • • Illegal activities, fraud, or violation of laws
  • • Spam, phishing, or unsolicited commercial email
  • • Malware, viruses, ransomware, or malicious code
  • • Hacking, unauthorized access, or network attacks
  • • Copyright infringement or intellectual property theft
  • • Hosting adult content, illegal content, or hate speech
  • • Resource abuse (crypto mining without authorization, DDoS attacks)
  • • Proxy or VPN services without prior approval

For full details, see our Acceptable Use Policy.

5. Customer Data and Backups

5.1 Your Data

You retain all ownership rights to data you upload or store ("Customer Data"). You grant us a limited license to host, store, and process Customer Data solely to provide Services.

5.2 Backups

We perform regular backups for disaster recovery purposes. However, you are responsible for maintaining your own backups. We do not guarantee data recovery in all circumstances.

5.3 Data Loss Disclaimer

We are NOT liable for data loss, corruption, or deletion caused by hardware failure, software bugs, user error, or force majeure events. Maintain independent backups.

5.4 Data Deletion

Upon service termination, Customer Data may be deleted after 30 days. Request data export before termination. We are not obligated to retain data after account closure.

6. Service Availability and SLA

We strive to provide reliable services with minimal downtime. Service Level Agreements (SLAs) vary by service tier:

  • Standard Tier: 99.5% uptime (excluding scheduled maintenance)
  • Business Tier: 99.9% uptime with service credits for violations
  • Enterprise Tier: 99.99% uptime with priority support and SLA guarantees

For detailed SLA terms, credits, and exclusions, see our Service Level Agreement.

Scheduled Maintenance: We may perform scheduled maintenance with 24-72 hours' notice. Maintenance windows are excluded from SLA calculations.

7. Intellectual Property Rights

7.1 Medhacloud IP

All intellectual property rights in our Services, including software, infrastructure, documentation, trademarks, and branding, belong to Medhacloud. You may not copy, modify, or reverse engineer our systems.

7.2 Customer IP

You retain all rights to Customer Data and intellectual property you create using our Services. We claim no ownership over Customer Data.

7.3 Third-Party Licenses

You are responsible for obtaining licenses for third-party software (OS licenses, control panels, applications) unless included in your service package.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • • No Consequential Damages: We are not liable for indirect, incidental, consequential, or punitive damages including lost profits, data loss, or business interruption.
  • • Liability Cap: Our total liability is limited to the fees you paid in the 12 months preceding the claim.
  • • As-Is Service: Services provided "as is" without warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • • Third-Party Services: We are not liable for third-party services, software, or infrastructure failures (AWS, Azure, Google Cloud).
  • • Customer Actions: We are not liable for damages caused by your misuse, unauthorized access, or security breaches on your end.

9. Indemnification

You agree to indemnify, defend, and hold harmless Medhacloud from any claims, damages, losses, or expenses (including legal fees) arising from:

  • • Your violation of these Terms or Acceptable Use Policy
  • • Your infringement of third-party intellectual property rights
  • • Illegal activities conducted using our Services
  • • Data breaches caused by your security negligence
  • • Claims by third parties related to Customer Data

10. Termination

10.1 By Customer

You may terminate services with 30 days' written notice. Early termination of annual contracts may incur cancellation fees (remaining balance due).

10.2 By Medhacloud

We may terminate services immediately if you:

  • • Violate these Terms or Acceptable Use Policy
  • • Fail to pay invoices for 60+ days
  • • Engage in fraudulent or illegal activities
  • • Pose security risks to our infrastructure or other customers

10.3 Effect of Termination

Upon termination, access to Services ceases immediately. Customer Data may be deleted after 30 days. No refunds issued except where required by law.

11. Governing Law and Jurisdiction

Governing Law: These Terms are governed by the laws of India, without regard to conflict of law principles.

Jurisdiction: All disputes shall be subject to the exclusive jurisdiction of the courts of Bengaluru, Karnataka, India.

Arbitration: Parties may agree to resolve disputes through arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India).

12. Miscellaneous Provisions

12.1 Amendments

We may update these Terms with 30 days' notice. Continued use of Services after updates constitutes acceptance. Material changes will be notified via email.

12.2 Severability

If any provision is deemed unenforceable, the remaining provisions remain in full effect.

12.3 Entire Agreement

These Terms, along with the Privacy Policy, AUP, and SLA, constitute the entire agreement between you and Medhacloud, superseding all prior agreements.

12.4 Force Majeure

We are not liable for failure to perform obligations due to events beyond our control (natural disasters, war, pandemics, government actions, internet outages).

12.5 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of business.

Questions About These Terms?

Our legal team is here to assist you.

India Headquarters (Governing Jurisdiction)

Medhacloud Solutions Private Limited
#74, 7th Cross, Krishna Garden
Bengaluru, Karnataka 560083
India
Email: legal@medhacloud.com
Phone: +91 93536 44646

USA Office

Medhacloud Inc.
30 N Gould St Ste R
Sheridan, WY 82801
United States
Email: usa@medhacloud.com
Phone: +1 646 775 2855

Related Documents:Privacy PolicyAcceptable Use PolicySLA