Terms and Conditions

TERM, PAYMENT, ACCOUNT RENEWAL

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 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 set up fees are not refundable.

Invoices for renewal of a service is generated 14 days prior to the end of current term and is 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.

Service associated to an overdue invoice will be suspended after a period of 5 days and terminated and all data removed after 15 days if the invoice continues to remain unpaid. Multiple reminders will be sent by Softweb Nepal 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.

Invoices are generated 10 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended 5 days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held. In total 15 days from the official due date will pass before we permanently terminate your account.

REFUND POLICY

All services rendered by Softweb Nepal are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customer agrees not to chargeback or dispute any credit card or PayPal payments for services rendered.

Disputes or chargebacks will result in immediate service termination. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred in enforcing collection.

Any funds sent to Softweb Nepal which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

Dedicated servers, window hosting & domain registrations are not included under the 7 day money back guarantee policy. Softweb Nepal reserves the right to decide whether or not to issue pro-rated refunds under such circumstances.

All subscribers of managed linux shared, reseller, VPS and semi- dedicated hosting plans carry a 7 day unconditional money back guarantee. If you find the services to be deficient or unsatisfactory, you are entitled to a full refund of the contract amount within the first 7 days of the date of account set-up.

We also provide a price-freeze guarantee. You never have to pay more than the initial amount you sign up for your hosting service. Softweb Nepal reserves the right to change the resource allocation for its services & also to change the prices listed on the website.

SECURITY

You are responsible for any misuse of your Account and you must take steps to ensure that others do not gain unauthorized access to your Account. You may not use your Account to breach the security of another account or attempt to gain unauthorised access to another network or server.

Your password provides access to your Account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is strictly prohibited. You must take care and prevent others from using your Account since you will be responsible for the consequences.

Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorised use of your Account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

You agree and understand that users who violate systems or network security may incur criminal or civil liability. Softweb Nepal will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of the Services

WEBSITE TRANSFER (Free Migrate)

Softweb Nepal offers Free Migration Services as a Courtesy With Our cPanel Hosting Services.

Migration services are not available for Unmanaged VPS or Dedicated server customers or customers not coming from a cPanel environment.

Softweb Nepal offers it’s migration services in an as-is basis and makes no guarantess or time commitments at all.

GENERAL POLICIES

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and other regional domain authorities for the various country specific domains, you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable inspite of refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled to suspend the services provided to you.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.

If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site 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 period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.

Softweb Nepal is not responsible for any damages your business may suffer. Softweb Nepal does not make implied or written warranties for any of our services. Softweb Nepal denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Softweb Nepal.

Softweb Nepal reserves the right to refuse service to anyone.