Terms of Service

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.

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. Refund and Cancellation Policy

This refund and cancellation policy outlines how you can cancel or seek a refund for a product/service that you have purchased through the Platform.

• Cancellation Window: Cancellations will only be considered if the request is made within 7 days of placing the order. However, cancellation requests may not be entertained if the orders have been communicated to such sellers/merchant(s) and they have initiated the process of shipping them, or the product is out for delivery.
• Perishable Items: We do not accept cancellation requests for perishable items. However, refund/replacement can be made if the user establishes that the quality of the product delivered is not good.
• Damaged or Defective Items: In case of receipt of damaged or defective items, please report to our customer service team within 7 days of receipt. The request would be entertained once verified.
• Product Not as Described: If the product received is not as shown on the site or as per your expectations, you must bring it to our notice within 7 days of receiving the product.
• Warranty Issues: For products with manufacturer warranty, please refer the issue to them directly.
• Refund Processing: Approved refunds will be processed within 7-10 business days.

12.1 Cloud Service Cancellations

• Monthly services may be cancelled with 30 days written notice
• Annual contracts may be cancelled subject to early termination fees as specified in your service agreement
• Service credits may be issued for SLA violations as per our Service Level Agreement
• Cloud hosting services, once provisioned and activated, are non-refundable

13. Return Policy

We offer refund/exchange within first 7 days from the date of your purchase. If 7 days have passed since your purchase, you will not be offered a return, exchange or refund of any kind.

Eligibility for Returns

• The purchased item should be unused and in the same condition as you received it
• The item must have original packaging
• Items purchased on sale may not be eligible for return/exchange
• Only defective or damaged items are replaced based on exchange requests

13.1 Digital Services

As Medha Cloud primarily provides digital/cloud services:

• Cloud hosting services, once provisioned and activated, are non-refundable
• Service credits may be provided for documented service outages per our SLA
• Trial periods, where offered, allow evaluation before commitment

13.2 Return Process

For accepted return/exchange requests, once your returned product is received and inspected, we will send you an email notification. If approved after quality check, your request will be processed in accordance with our policies.

14. Shipping Policy

Orders are shipped through registered domestic courier companies and/or speed post only. Orders are shipped within 30 days from the date of the order and/or payment or as per the delivery date agreed at the time of order confirmation, subject to courier company/post office norms.

• Platform Owner shall not be liable for any delay in delivery by the courier company/postal authority
• Delivery of all orders will be made to the address provided by the buyer at the time of purchase
• Delivery confirmation will be sent to your registered email ID
• Shipping costs, if any, are non-refundable

14.1 Digital Service Delivery

As Medha Cloud primarily provides cloud-based digital services:

• Cloud services are provisioned electronically and do not require physical shipping
• Service activation typically occurs within 24-48 hours of order confirmation and payment
• Access credentials and service details are delivered via email
• No physical goods are shipped unless specifically ordered (e.g., hardware appliances)

15. Miscellaneous Provisions

15.1 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.

15.2 Severability

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

15.3 Entire Agreement

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

15.4 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).

15.5 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.

16. Contact Information

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