Terms and Conditions

Account Creation

To create an account, customers must provide accurate information. The activation of customer accounts will occur after verification and payment have been completed.

Payments

All of our service prices shown on the website are exclusive of VAT. An additional 13% VAT will be applied during checkout. Customers are required to make regular payments for the hosting services, whether on a monthly, yearly, or other agreed-upon basis. Timely payments are crucial to avoid any disruptions in service.

Billing

Fees for individual Services are set out on the page describing the Service (Fees). We will begin to charge you for those Fees on the Effective Date of that Service. Certain Fees are based on the usage rate of the Services. These will be calculated as set out on the website describing the Fees and added to the Fees. Other than usage-based Fees, all Fees are billed in advance. Special promotions applied to Fees do not reoccur, nor will promotions offered to other customers necessarily be offered to you. Fees paid to third parties and setup fees are not refundable.

Invoices for the renewal of a service are generated 14 days prior to the end of the current term and are due on the date mentioned as the due date on the invoice.

If you provide us with a credit card to pay the Fees, we will attempt to charge your card no sooner than 2 days prior to the Due Date. It is your obligation to ensure that your credit card may be charged. We have no responsibility to provide the Services or preserve data if your credit card is declined for any reason.

Once an invoice is overdue, i.e., past its due date, a late fee of 10%, but no less than Rs. 300, will be applied to the invoice.

Service associated with an overdue invoice will be suspended after a period of 3 days and terminated, and all data removed after 7 days if the invoice continues to remain unpaid. Multiple reminders will be sent by Kailash Cloud before suspending or terminating a service.

If multiple invoices are overdue in an account, all services in the given account or other accounts linked to this account may be affected.

Using the Services

Customers are expected to use the hosting services strictly for legal activities. Engaging in prohibited activities such as spamming, hacking, or hosting illegal content is strictly forbidden. Unless explicitly stated to the contrary, our services are intended to be used for the purposes of hosting websites and email for personal or business usage. Batch processing, video encoding/transcoding, web crawling/spidering, archiving and online backup systems and any system for purposes other than hosting a website are not permitted on our shared or reseller hosting servers. You may only use such tools with our agreement in writing on a dedicated server. We reserve the right to take proactive action to maintain the stability of our systems for all clients.

The following types of content are not permitted on any of our hosting infrastructure:

• Any bots, including IRC or other social/messaging bots (e.g. Telegram bots)
• Any Warez — copyrighted content you do not have rights to distribute
• Phishing content or fraudulent pages
• Bulk mailing or spam campaigns
• Audio streaming services
• Video "tube" websites
• IP scanners, brute-force programs, or network attack tools
• Financial institution websites (banking, insurance, investment) — unless explicitly approved in writing by our team, who will require proof of regulatory approval
• Pharmaceutical websites
• Lottery or gambling sites
• File storage services including movies, applications, software, or backups
• File upload / sharing websites
• Distribution of confidential or personal information
• Mobile app download portals
• Nextcloud, OpenCloud, or similar self-hosted cloud storage platforms
• Crypto mining scripts or services

Any account found to be hosting the above content will be immediately taken offline. Accounts confirmed to be in violation will be suspended and further action initiated at the discretion of the Kailash Cloud compliance unit.

Service Uptime

While the company aims to provide continuous service, it cannot guarantee 100% uptime. Customers should be prepared for possible downtime due to maintenance or unforeseen issues.

Data Backup

Customers are responsible for maintaining their own backups of important data, as the company does not guarantee complete data recovery. Kailash Cloud backs up all web hosting services twice a day; however, these backups are for Kailash Cloud’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Kailash Cloud does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Kailash Cloud’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Security Measures

The company implements various security measures; however, customers are also responsible for securing their data. It is essential to use strong passwords and take necessary precautions to protect personal information.

Support Services

Technical support is available for issues related to hosting. The level of support may vary based on the customer’s service plan.

Service Termination

Customers or concerned parties can terminate the service by giving prior notice. The company reserves the right to terminate services immediately if any terms and conditions are violated.

Refund Policy

Customers may request a refund if they are dissatisfied with the services within a specified period. It is important to check the specific refund conditions provided by the company.

Limitation of Liability

The company is not liable for damages resulting from service interruptions, data loss, or security breaches. Some packages feature an ‘unlimited’ service, meaning we do not actively limit your account on either disk space or bandwidth (or both) in the normal operation of a personal or small business website. However, to ensure system stability, accounts are limited by resource usage to ensure no one client can affect the service of others on the server. In the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a Cloud Hosting or VPS plan, or we may take action to restrict the resources your website is utilizing.

Unlimited Hosting

Some packages feature an ‘unlimited’ service, meaning we do not actively limit your account on either disk space or bandwidth (or both) in the normal operation of a personal or small business website. However, to ensure system stability, accounts are limited by resource usage to ensure no one client can affect the service of others on the server. In the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a Cloud Hosting or VPS plan, or we may take action to restrict the resources your website is utilizing.

Changes to Terms

The company reserves the right to modify the terms and conditions. Customers will be informed of any significant changes.

Legal Jurisdiction

These terms are governed by the laws of Nepal. Any disputes will be resolved under the jurisdiction of the courts of Nepal.

On termination of this Agreement or suspension of the Services, we shall be entitled immediately to block your Website and to remove all data located on it. We shall be entitled to delete all such data, but we may, at our discretion, hold such data for such a period as we may decide to allow you to collect it at your expense, subject to payment in full of any outstanding amounts payable to us.

Kailash Cloud is not responsible for any damages your business may suffer, including loss of data resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions caused by Kailash Cloud. Kailash Cloud makes no express or implied warranties for any of its services, including any implied warranty of merchantability or fitness for a particular purpose.

Therefore, Kailash Cloud reserves the right to refuse service to anyone.

Eligibility for Refund

Refunds are applicable only for services purchased directly from Kailash Cloud. The refund request must be made within 14 days from the date of registration. Refunds will only be processed if the request is made in accordance with our refund procedures.

Requesting a Refund

To request a refund, customers must contact our customer support team with their order details and the reason for the refund. Our customer support team will review the request and confirm eligibility within 7 business days.

Refund Processing

Approved refunds will be processed every Friday. Refunds will be issued using the same payment method that was used for the original purchase unless otherwise agreed upon.

Conditions and Exclusions

Refunds are only applicable to the services offered by Kailash Cloud and do not cover any third-party services or products. Any promotional offers, discounts, or credits applied at the time of purchase will be deducted from the refund amount. We reserve the right to refuse a refund if we determine that the request is fraudulent or violates our Terms of Service.

By using our services, you agree to this refund policy. If you have any questions or need further assistance, please contact our customer support team.

Use of Customer Name and Logo

By using Kailash Cloud’s services, you agree to allow Kailash Cloud to use your name and logo for branding purposes. This includes, but is not limited to, displaying your name and logo on our website, marketing materials, and templates. This use is granted indefinitely unless you request in writing for us to cease such use, at which point we will comply within 30 days of receiving your request.

Delivery of Services

Immediately upon successful payment, you will receive an automated receipt from our systems. Please print and retain a copy of this and keep it in a safe place for future reference. Your unique email will be on this receipt and should be used for any inquiries to Kailash Cloud.

Please note that we aim to deliver all goods as soon as the signup is complete. If we are unable to adhere to this, you will be informed via email or telephone or both. Payment will be deducted when services are delivered.

All orders are delivered electronically via email. If you have any questions about your order, please contact us at [email protected].

Kailash Cloud aims to respond to all inquiries within 24 hours.

Confidentiality of Data

The company does not share any details of a user’s services with anyone unless it receives a written request from verified government or law enforcement agencies.

Amendments

These Terms and Policies may be amended in any respect at any time by Kailash Cloud upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to Kailash Cloud.