Terms of Service

Incyber Media and Technologies Master Service Agreement

Legal Agreement · Effective Immediately

Master Service Agreement

Incyber Media and Technologies / EconomicalHost.com
R-134, Greater Kailash, Part 1, New Delhi – 110048
Ph: +91-11-46563177-78  |  support@economicalhost.com
https://economicalhost.com
PREAMBLE

This Master Service Agreement ("Agreement") is entered into between Incyber Media and Technologies (operating as EconomicalHost.com), hereinafter referred to as the "Service Provider", and the individual or entity subscribing to or using the Services, hereinafter referred to as the "Customer".

By subscribing to, activating, accessing, or using any Service, the Customer expressly acknowledges having read, understood, and agreed to be unconditionally bound by all terms and conditions of this Agreement. If the Customer does not agree, they must immediately cease use of all Services.
1 Services
1.1In consideration of payments duly made by the Customer, the Service Provider agrees to provide web hosting, email hosting, database hosting, cloud infrastructure, domain management, and related technical services ("Services") through its own infrastructure and/or third-party upstream providers.
1.2All Services are provided on a best-effort basis only. The Service Provider makes no guarantee of uninterrupted, error-free, or continuously available service at any time.
1.3The Service Provider reserves the absolute right to modify, add, remove, or restructure any feature or component of its Services at any time, with or without prior notice to the Customer.
1.4Technical support shall be provided by sending an email to support@economicalhost.com and will be resolved on a best-effort basis.
2 Payment Terms
2.1All fees are due and payable strictly in advance unless a separate written arrangement has been explicitly agreed to by an authorised representative of the Service Provider.
2.2The Service Provider shall issue invoices periodically, and payment shall be due immediately upon receipt of such invoice.
2.3The Service Provider is authorised to charge the Customer's registered payment method automatically on the first day of each billing cycle, where Autocharge has been opted for. This authorisation remains valid until cancelled in writing through certified postal mail or via https://technicalsupport.co.in.
2.4In the event of non-payment within fifteen (15) days of invoice date, the Service Provider reserves the right to immediately suspend, restrict, or terminate Services without any notice, obligation, or liability of any kind to the Customer.
2.5Suspended accounts may incur a reinstatement fee at the sole discretion of the Service Provider.
2.6No credit, refund, or adjustment shall be issued for any period during which Services were suspended due to non-payment.
3 Price Adjustments and Cost Escalation
3.1All fees quoted at the time of subscription are indicative, based on prevailing USD to INR exchange rates, infrastructure costs, and charges imposed by upstream service providers at that time.
3.2The Service Provider expressly reserves the right to revise, increase, or restructure its pricing at any time, including during an active, prepaid, or locked-in service term, upon the occurrence of any of the following:
  • Increase in USD to INR exchange rates
  • Increase in charges by upstream providers, data centers, or infrastructure partners
  • Increase in licensing, compliance, or regulatory costs
  • Any increase in operational costs deemed material by the Service Provider
3.3While the Service Provider shall make reasonable commercial efforts to notify the Customer of price revisions, the failure to provide advance notice shall not constitute a breach of this Agreement and the Service Provider shall not be held liable therefor.
3.4Continued use of Services after a price revision has been communicated or published on the Service Provider's website shall constitute the Customer's irrevocable acceptance of such revised pricing.
3.5 — Prepaid and Advance Payment Adjustment
3.5.1Where a Customer has made payment in advance for a defined service period, revised pricing shall apply on a pro-rata basis to the remaining unused portion of the prepaid term.
3.5.2The Customer shall be required to pay the differential amount for the balance period within fifteen (15) days of notification of the revision.
3.5.3If the Customer declines to pay the differential: the Service Provider may suspend, modify, or terminate Services; migration assistance may be offered at the Service Provider's discretion; and no refund shall be applicable for any prepaid or advance amount already paid.
Note: By continuing to use the Services following any published price revision, the Customer irrevocably accepts the revised charges. Prepaid amounts are non-refundable under all circumstances.
4 Third-Party and Upstream Infrastructure
4.1The Customer acknowledges and accepts that certain Services depend on third-party infrastructure, platforms, and service providers, including but not limited to:
  • Email infrastructure: secure.emailsrvr.com (Rackspace / EmailSrvr)
  • Data centers and colocation facilities
  • Network and bandwidth providers
  • Cloud platforms
  • Domain registrars including eNom and NIXI
4.2The Service Provider shall have no liability whatsoever for outages, failures, or disruptions caused by such third parties; changes in third-party policies, pricing, or terms; suspension or discontinuation of third-party services; or data loss, corruption, or inaccessibility caused by third-party platforms.
4.3The Service Provider's obligation is limited solely to the services it directly controls and operates. All third-party services are passed through on an as-available basis.
4.4In the event any upstream or third-party provider discontinues, modifies, or materially alters its service, the Service Provider may migrate the Customer to an alternate provider, modify the nature of the Service, terminate the affected Service component, or revise pricing accordingly — without any liability, penalty, or obligation to compensate the Customer.
5 Data Disclaimer and Customer Responsibility
CRITICAL NOTICE: All data stored, transmitted, processed, or hosted through the Services is done so entirely at the Customer's sole and exclusive risk. The Service Provider accepts no responsibility for any loss, corruption, inaccessibility, or breach of any such data, under any circumstances.
5.2The Service Provider makes absolutely no guarantee, representation, or warranty of any kind regarding: data availability, data integrity, data security or confidentiality, data backup or restoration, or completeness or accuracy of stored data.
5.3All Services are provided strictly on an "AS IS" and "AS AVAILABLE" basis.
5.4The Customer bears sole and exclusive responsibility for:
  • Maintaining complete and independent backups of all data at all times
  • Securing all access credentials including usernames, passwords, and API keys
  • Ensuring compliance with all applicable Indian and international data protection laws
  • Monitoring their own systems for unauthorized access or anomalies
  • Notifying the Service Provider promptly of any suspected security incidents
5.5The Service Provider shall not be deemed a data custodian, data fiduciary, data processor, or data insurer under any law or interpretation.
6 Scope of Data Disclaimer

This disclaimer applies without limitation to all categories of data, including:

6.1 — Website and Application Files

All HTML, PHP, ASP, ASP.NET, scripts, CMS installations (WordPress, Joomla, etc.), images, videos, and application files hosted on Service Provider servers.

6.2 — Email Data

All emails, attachments, contacts, calendars, filters, forwarding rules, aliases, archives, and communications hosted on secure.emailsrvr.com, EconomicalHost.com infrastructure, or any third-party mail relay or email delivery system.

6.3 — Database Data

All data stored in MySQL, MSSQL, PostgreSQL, or any other database system, including tables, records, stored procedures, triggers, credentials, and configurations.

6.4 — File Transfer Data

All data transferred via FTP, SFTP, SCP, or similar file transfer protocols.

6.5 — Application and API Data

All data generated by applications, CMS platforms, plugins, APIs, integrations, and automation scripts.

6.6 — Encrypted and Transmitted Data

All data transmitted through SSL/TLS-encrypted or other secure channels.

6.7 — Backup Data

Backups, where offered, are provided on a best-effort basis only. The Service Provider provides no guarantee of backup frequency or completeness, successful restoration of any backup, or backup availability at any given time. The existence of a backup service does not relieve the Customer of the obligation to maintain independent backups.

7 No Liability for Data Loss
7.1Under no circumstances whatsoever shall the Service Provider, its directors, employees, agents, partners, or affiliates be liable for:
  • Loss, deletion, or corruption of data of any kind
  • Hacking, unauthorized access, or data breach
  • Failure, incompleteness, or unavailability of backups
  • Service interruptions or downtime
  • Failures or acts of third-party providers
  • Data loss arising from malware, ransomware, or cyber incidents
7.2This exclusion of liability applies regardless of cause, including acts of negligence by the Service Provider or its representatives, and regardless of whether the Service Provider had been advised of the possibility of such loss.
8 Security Disclaimer
8.1No computer system, server, or network is completely secure. The Customer acknowledges inherent risks including cyber-attacks, DDoS attacks, hacking, malware infiltration, unauthorized access to accounts or data, and interception of data in transit.
8.2The Service Provider does not guarantee absolute security of any system, data, or communication.
8.3The Customer is solely responsible for implementing appropriate security measures at the application, database, and credential level.
9 Limitation of Liability
9.1To the maximum extent permitted by applicable law, the Service Provider's total cumulative liability to the Customer for any and all claims shall not exceed the total fees actually paid by the Customer for the specific Service giving rise to the claim, for a period not exceeding the immediately preceding one (1) calendar month.
9.2Under no circumstances shall the Service Provider be liable for indirect, incidental, consequential, exemplary, reliance, or special damages; loss of business, revenue, profits, or anticipated savings; loss of data, goodwill, or reputation; or cost of procurement of substitute services — regardless of the form of action, whether in contract, warranty, strict liability, or tort, including negligence of any kind.
9.3The limitations in this Section shall apply even if any remedy provided under this Agreement fails of its essential purpose.
10 Disclaimer of Warranties
10.1The Service Provider expressly disclaims all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title or quiet enjoyment.
10.2The Service Provider does not warrant that the Services will meet the Customer's specific requirements or expectations.
11 Acceptable Use
11.1The Customer agrees that use of Services shall not involve: content constituting defamation, libel, or obscenity; infringement of any copyright, trademark, patent, or trade secret; violation of any applicable Indian or international law or regulation; fraudulent, unlawful, abusive, or malicious use of the Services; spamming, phishing, or mass unsolicited communications; or hosting or distribution of malware or harmful code.
11.2Violation of acceptable use policies may result in immediate suspension or termination without notice or refund.
11.3The Customer shall at all times comply with the Service Provider's Acceptable Use Policy published at https://economicalhost.com/ourAcceptableUsagepolicy.html, as amended from time to time.
12 Indemnification
12.1The Customer shall fully defend, indemnify, and hold harmless the Service Provider and its proprietor, directors, officers, shareholders, employees, agents, and contractors from and against any and all claims, demands, proceedings, or actions; damages, awards, judgments, or settlements; and expenses, costs, and reasonable attorney's fees arising out of or relating to:
  • The Customer's use or misuse of Services
  • Any Customer data, content, or application
  • Violation of this Agreement or applicable laws
  • Violation of any third-party rights
  • Unauthorized access resulting from Customer's failure to secure credentials
13 Suspension and Termination
13.1The Service Provider may, at its absolute discretion and without liability, immediately suspend or terminate Services in the event of: non-payment or dishonoured payment; breach of any term of this Agreement; violation of acceptable use policies; security risk or threat to the Service Provider's infrastructure; upstream provider failure, discontinuation, or cost escalation; commercial impracticality arising from cost increases or regulatory changes; or any other reason deemed sufficient by the Service Provider.
13.2Upon termination, the Service Provider shall have no obligation to retain, provide access to, or restore any Customer data, and may permanently delete all such data without notice or liability.
13.3Refund Policy upon Termination No refund shall be issued for any prepaid fees upon termination, whether initiated by the Customer or the Service Provider. However, where Services are discontinued, suspended, or materially altered due to circumstances beyond the Service Provider’s reasonable control, including any substantial increase in charges levied by data centers, hosting providers, email service providers, cloud infrastructure providers, or other upstream vendors providing services to Incyber Media and Technologies, including but not limited to Rackspace, or due to exchange rate fluctuations, regulatory changes, or third-party infrastructure decisions, the Service Provider may, at its sole discretion, offer migration assistance to an alternate service or platform. No refund, whether in cash or otherwise, shall be due unless expressly agreed in writing by the Service Provider.
14 Force Majeure
14.1The Service Provider shall not be considered in breach of or in default under this Agreement, and shall bear no liability, for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, floods, or pandemics; war, civil disorder, riots, or government actions; cyber incidents, attacks, or infrastructure failures; acts or omissions of upstream or third-party providers; power failures or telecommunications disruptions; or any other cause beyond the Service Provider's reasonable control.
15 Term and Renewal
15.1The term of this Agreement shall be as specified in the Service Provider's order form or invoice.
15.2Unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term, this Agreement shall automatically renew for successive periods on the same basis.
15.3Renewal pricing shall reflect the then-current fee schedule and shall not be bound by any previously quoted or prepaid rates.
16 Amendments
16.1The Service Provider reserves the right to amend, update, or replace any provision of this Agreement at any time, with or without notice.
16.2The current version of this Agreement shall at all times be published on the Service Provider's website.
16.3Continued use of Services following publication of any amendment shall constitute unconditional acceptance of the amended terms.
17 Dispute Resolution and Arbitration
⚖ Mandatory Arbitration Clause
Any and all disputes, controversies, or claims arising out of or in connection with this Agreement — including its breach, termination, validity, or enforcement — shall be finally and exclusively resolved by binding arbitration, and not by litigation in any court (except as expressly provided herein).
17.1Mandatory Pre-Arbitration Notice: Before initiating arbitration, the disputing party must provide the other party with a written Notice of Dispute ("Notice") specifying: (a) the nature and basis of the claim; (b) the specific relief sought; and (c) the contact details of the disputing party. The parties shall attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days from the date of such Notice. If unresolved, either party may proceed to arbitration.
17.2Arbitration Rules: Arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 of India (as amended from time to time), and all rules and regulations thereunder.
17.3Seat and Venue: The seat and venue of arbitration shall be New Delhi, India. All proceedings shall be conducted in the English language.
17.4Appointment of Arbitrator: The arbitration shall be conducted by a sole arbitrator mutually appointed by both parties. If the parties fail to agree on an arbitrator within fifteen (15) days of a written request, the arbitrator shall be appointed by the Delhi Court Arbitration Centre or such other competent authority under applicable law.
17.5Arbitrator's Powers: The arbitrator shall have full authority to:
  • Determine the existence, validity, and scope of this arbitration agreement
  • Grant interim or conservatory measures as appropriate
  • Award costs, fees, and expenses of arbitration
  • Issue a final, binding, and enforceable award
17.6Binding Award: The arbitral award shall be final, conclusive, and binding on both parties and shall be enforceable in any court of competent jurisdiction. The parties expressly waive any right to challenge or appeal the award except on grounds permitted under the Arbitration and Conciliation Act, 1996.
17.7Costs: Each party shall bear its own legal costs and expenses. The arbitrator's fees and administrative costs of arbitration shall be borne equally by both parties.
17.8No Class Arbitration: The Customer agrees that all disputes shall be resolved on an individual basis only. Class arbitration, consolidated proceedings, or representative arbitration on behalf of other customers is expressly prohibited and shall not be permissible under this Agreement.
17.9Emergency and Interim Relief: Notwithstanding the above, either party may seek emergency interim or injunctive relief from a competent court of law where necessary to prevent irreparable harm, pending the constitution of the arbitral tribunal. Such recourse shall not be deemed a waiver of the right to arbitrate.
17.10Confidentiality: All arbitration proceedings, submissions, evidence, and awards shall be treated as strictly confidential by both parties and shall not be disclosed to any third party without the prior written consent of the other party, except as required by law or to enforce the award.
Important: By using the Services, the Customer expressly waives any right to resolve disputes through court litigation (other than small claims or urgent interim relief). All disputes will be resolved exclusively through binding individual arbitration seated in New Delhi, India.
18 Governing Law and Jurisdiction
18.1This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its principles for resolving conflicts of law.
18.2For any matters not subject to arbitration under Section 17, or for enforcement of arbitral awards, the parties submit to the exclusive jurisdiction of the courts in Delhi, India.
18.3The Customer expressly waives any objection to jurisdiction or venue in Delhi, India.
19 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

20 Entire Agreement

This Agreement, together with the Service Provider's published fee schedule, Acceptable Use Policy, and any applicable order forms, constitutes the entire agreement between the parties and supersedes all prior representations, negotiations, understandings, or agreements, whether oral or written.

21 Final Customer Acknowledgment

By subscribing to or using any Service, the Customer irrevocably confirms and agrees that:

Customer Irrevocably Acknowledges

  1. Pricing may be revised at any time, including during active or prepaid service terms, with or without advance notice
  2. All data is stored, transmitted, and hosted entirely at the Customer's sole risk with no guarantee of availability, integrity, or security
  3. No guarantee of data availability, security, integrity, backup, or restoration exists under this Agreement
  4. Third-party infrastructure dependencies — including secure.emailsrvr.com — may affect service continuity without liability to the Service Provider
  5. The Service Provider's liability is strictly capped as defined in Section 9 of this Agreement
  6. All disputes shall be resolved exclusively through binding individual arbitration in New Delhi, India, as specified in Section 17
  7. The Customer has independently assessed the suitability of the Services for their specific needs and requirements
  8. Continued use of Services constitutes unconditional acceptance of this Agreement and any amendments thereto
Incyber Media and Technologies / EconomicalHost.com
R-134, Greater Kailash, Part 1, New Delhi – 110048  |  Ph: +91-11-46563177-78
support@economicalhost.com  |  https://economicalhost.com

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