Terms of Service

This is a legally binding policy representing Kwik Server’s Terms of Service ("TOS") in its entirety and supersedes any other oral or written agreement. These policies define the terms of service for a customer when they are using any services of Kwik Server.

Any person using our services is bound by these terms of service. Any service purchased from us expressly implies that the customer has agreed to the terms of service listed herewith this document.

Definitions

“We”, “Us”, “Our” and / or “Kwik Server” is the hosting service provider and maybe called by any one of these names. “You”, “Your”, “Client”, “Customer” and / or “Member” is the person or person’s representative who purchases hosting service(s) from Kwik Server.

Acceptable Usage Policy

Spam Policy

Customers may not use our services for spamming activities / sending unsolicited emails / requests. If found doing so, we have the right to terminate customer account without any prior notification and no refund would be issued.

Resource Usage Policy

Bandwidth Usage: All servers are provided with generous bandwidth limits as per the plans selected. Customers are requested to use these wisely. We reserve the right to review / amend / downgrade / upgrade / modify this allocation any time if we feel that this is affecting the server / network performance.

Any customer reaching their bandwidth usage limit will have to contact the support team via ticketing system to have it increased. Do note that the customer will have to pay an extra cost to increase their bandwidth usage limit as per the plan selected. Customer support team will give you the specific details of these charges upon request.

Fair Use Policy: The Service is provided to end-user Customers for normal, fair, and reasonable use. Bandwidth usage is to be reasonably consistent throughout every month, without irregular bandwidth usage patterns, either individually or as part of a group of Customer servers. In the event Kwik Server, in its sole discretion, determines that the Customer is not using the Service according to this Fair Use Policy, Kwik Server will be entitled to: (a) impose limits on the speed of the data the Customer may transmit and/ or receive on any or all Customer servers with this Service, (b) re-price any or all Customer servers with this Service to the regular bandwidth rate; or (c) suspend or terminate the Service to any or all servers provided to the Customer, at Kwik Server’s sole option.

Content Storage and Account Security

At all times, the customer bears the full responsibility of contents stored on Kwik Server’s servers. Any loss of content due to any reason is customer’s responsibility. We strongly urge the customers to take regular back-ups of their servers to ensure peace of mind and minimize losses.

The security of your account with Kwik Server rests upon you as a customer. You must keep your password unique and must not share it with anybody else. If you notice anything wrong with your account / servers, immediately contact our support team and we’ll see what we can do about it.

You as a customer are solely responsible for any actions taken by your account and for the content stored on our servers by you. You agree to bear any charges which Kwik Server may have to incur to make good the losses caused by your actions.

Kwik Server does not undertake any obligations to provide servers management or security services unless the customer has requested them in advance by paying for them separately. Any help required from our technical team must be requested via ticket system which can be found in your client area.

The customer agrees to:

DMCA Policy

Kwik Server, is an online service provider under the Digital Millennium Copyright Act (“DMCA”). We respect the rights of copyright holders and follow the efficient notice and takedown procedure as laid down in the Act.

All DMCA takedown requests must be e-mailed to abuse@kwikserver.com along with ownership proof / proof of rights holding. The request must also contain the clear details of infringer of rights and contact details of copyright owners / their agents. Once a request is validated, Kwik Server would immediately take down such content and could also disable access to the server containing such content.

Server owners having lawful rights to such mistakenly removed content can contact abuse@kwikserver.com along with proofs to file their counter notification.

Repeated infringers can have their accounts suspended without prior notice.

Indemnification

You agree to indemnify, defend, and hold Kwik Server and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto Kwik Server's servers. Such liabilities may include, but are not limited to, those arising from the following:

Upon request, the Kwik Server member may elect to use Kwik Server's Privacy Registration Service. If so, you agree to be bound by the terms of Kwik Server, which may be found on the Kwik Server website. The terms of Privacy Registration Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your registration information in full compliance with this agreement and the terms of the Privacy Registration Policy. Failure to so comply is cause for immediate suspension of all Kwik Server services.

During the course of providing services to a customer, Kwik Server may assign a customer an Internet Protocol address. The customer agrees that he/she has no right to a particular IP address under this agreement, and accordingly, Kwik Server shall retain ownership of any IP address or addresses used by the customer under this agreement, and that Kwik Server reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Payments

Fees - Kwik Server charges the following fees where ever applicable. All such fees are subject to change with a 30 days notice. Not all fees are applicable to all accounts.

Refund Policy

All services including dedicated servers, control panels, operating systems etc., are set up on a monthly pre-pay basis. Customers may cancel their accounts at any time, however they will not be entitled to a refund for the unused period of the prepaid month, since these services and component do NOT include Money Back Guarantee. Any incentives offered to the Customers upon sign-up will stand cancelled.

Chargebacks and Payment Disputes

Under this Terms of Service agreement you must first contact Kwik Server to attempt to resolve any billing disputes before contacting your Bank or Credit Card Company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.

Server(s) will be temporarily suspended during any payment disputes or chargebacks. This will remain in force until the issue / dispute is resolved. Post issue resolution, Kwik Server may decide not to continue business with the customer. Please note that this decision will solely be based on the nature of dispute / issue.

By using our services you agree to the above policy and to contact Kwik Server before contacting your financial institution to seek a resolution. In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.

Promotional or Special Offers: Pre-payment Offers

From time to time, Kwik Server may offer discounted pricing for initial introductory periods (e.g., discounted fees for the first month’s service.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month's service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotional offers are non-refundable.

Promotional or Special Offers: Other Types of Offers

From time to time, Kwik Server may offer promotional or special offers. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. A client is entitled to only one offer. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (example: "Three Months Free Load Balancing Service") require you, the Client, to contact Kwik Server prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and you, the Client, agree to pay, in full, the full monthly rate, unless you cancel in advance.

Limitation of Liability

Kwik Server, cannot be held liable for any indirect, incidental, punitive, disruptive or other consequential damages including but not limited to loss in profits, damages related to corruption or deletion of files / website contents, e-mail data and database contents arising out of or in relation to this agreement or your use or inability to use Kwik Server’s services due to any reason regardless of whether the customer is in contract or not even if we are informed / advised of any such possible damages in advance. In no event shall our maximum liability exceed the total amount paid by its customer for the services received during the prior 12 (twelve) months. Wherever the applicable local law does not allow the limitation of liability for consequential or incidental damages, we are liable to the extent permitted by law.

99.9% Service Level Agreement " SLA

Kwik Server offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem-free. Kwik Server will try to maintain maximum up time. Kwik Server is not responsible for any downtime caused by the client.

The internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times. That said, Kwik Server offers a 99.9% uptime guarantee. This is valid for only the connection. Kwik Server will pursue all resources and channels available to maintain maximum uptime; however, Kwik Server is not responsible for any down time caused by a client's error. Kwik Server makes no express or implied warranties, including, but not limited to warranties of non-infringement, merchantability OR fitness for a particular use in connection to the service it provides. Neither Kwik Server nor any one else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of Kwik Server, even if Kwik Server has been advised about the possibility of such damages in advance.

Suspension and Termination

Kwik Server, at it sole discretion for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to payment of fees or any violation of the acceptable use policy, may suspend your account by deactivating any access to you and/or to any information contained on the Kwik Server servers related to your account. Suspension shall specifically include the disabling of your services and any access to information or data related to your account. In the event of any such suspension, you will be notified. At the option of Kwik Server, you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected, the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.

Kwik Server respects all its employees and expects the same from its customers. Any disrespect or hatred directed towards our employees by any mode of communication will not be tolerated and can lead to immediate suspension along with no refunds. We urge our customers not to get into such situations.

Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the Kwik Server servers. Such information or data may or may not be made available to you by Kwik Server after any such termination. This agreement may be terminated either after a period of suspension as indicated above or at the sole discretion of Kwik Server. In the event of termination, there will be no refund provided to you.

Assignment of Rights

Your rights under this agreement may be assigned to another party only upon prior notice and express approval by Kwik Server. Any other attempted transfer or assignment of rights hereunder shall be null and void.

Kwik Server may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Kwik Server.

Amendments to Terms of Service

Kwik Server may, without prior notice amend this agreement from time to time and will do so by posting the new agreement on the Kwik Server websites in place of the old agreement. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. If any material modification to this agreement is unacceptable to the customer it shall be customer's responsibility to terminate his/her subscription. If the customer does not terminate the agreement within 10 days of the material modification, then customer's continued use will mean that customer has accepted the amended or modified agreement and the agreement is in full force and effect.

Home