Master Service Agreement between Economicalhost.com (Incyber Media and Technologies) and the Customer.
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.
1.1 In 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.
1.2 All 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.
1.3 The 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.
1.4 Technical support shall be provided by sending an email to support@economicalhost.com and will be resolved on a best-effort basis.
2.1 All 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.
2.2 The Service Provider shall issue invoices periodically, and payment shall be due immediately upon receipt of such invoice.
2.3 The 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.
2.4 In 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.
2.5 Suspended accounts may incur a reinstatement fee at the sole discretion of the Service Provider.
2.6 No credit, refund, or adjustment shall be issued for any period during which Services were suspended due to non-payment.
3.1 All 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.
3.2 The 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:
3.3 While 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.
3.4 Continued 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
3.5.1 Where 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.
3.5.2 The Customer shall be required to pay the differential amount for the balance period within fifteen (15) days of notification of the revision.
3.5.3 If 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.
4.1 The Customer acknowledges and accepts that certain Services depend on third-party infrastructure, platforms, and service providers, including but not limited to:
4.2 The 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.
4.3 The 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.
4.4 In 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.
The Customer acknowledges that certain Services offered by Incyber Media & Technologies and EconomicalHost.com may rely upon third-party suppliers, datacenters, software vendors, cloud providers, registries, registrars, email service providers, telecommunications operators, payment gateways, and other upstream service providers.
In the event that any such upstream provider discontinues, suspends, materially alters, restricts, or reprices its services, products, licenses, or infrastructure, or if the cost of continuing the Service becomes commercially unreasonable in the sole opinion of the Service Provider, the Service Provider reserves the right to modify, replace, migrate, or discontinue the affected Service upon reasonable notice to the Customer.
The Service Provider shall make commercially reasonable efforts to identify and offer a substantially similar alternative service or replacement provider wherever reasonably practicable. The Customer agrees to cooperate with any such migration or transition process.
The Customer acknowledges that the Service Provider has no control over the pricing, policies, availability, operational decisions, or continued existence of any upstream provider. Accordingly, any suspension, modification, repricing, limitation, or discontinuation of services by an upstream provider shall not constitute a breach of this Agreement by the Service Provider.
In such circumstances, the Service Provider shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, loss of data, loss of business, loss of revenue, loss of profits, loss of goodwill, or service interruptions arising from such actions by upstream providers.
No refunds, credits, compensation, damages, or other monetary claims shall be payable solely as a result of an upstream provider discontinuing, repricing, restricting, or terminating its services. The Service Provider's obligation shall be limited to making commercially reasonable efforts to offer an alternative service where available.
5.2 The 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.
5.3 All Services are provided strictly on an "AS IS" and "AS AVAILABLE" basis.
5.4 The Customer bears sole and exclusive responsibility for:
5.5 The Service Provider shall not be deemed a data custodian, data fiduciary, data processor, or data insurer under any law or interpretation.
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 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: The Service Provider does not offer backup as a service. Any backups that may exist are provided purely as a courtesy, on a best-effort basis only, and may be discontinued at any time without notice. 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 any courtesy backup does not relieve the Customer of the obligation to maintain independent backups.
7.1 Exclusion of Liability: To the maximum extent permitted by applicable law, the Service Provider, its directors, officers, employees, agents, affiliates, and partners shall not be liable, whether in contract, tort (including negligence), strict liability, or otherwise, for any loss, damage, or liability arising out of or in connection with:
7.2 Absolute Limitation: The exclusions set forth in this Clause shall apply irrespective of the cause of loss, including any negligence, error, omission, or fault of the Service Provider, and irrespective of whether the Service Provider was advised of, or could have foreseen, the possibility of such loss.
7.3 Client Responsibility for Backup and Data Management: The Client bears sole and exclusive responsibility for the backup, retention, integrity, and safekeeping of all data. The Client shall, at its own cost and discretion, implement and maintain appropriate backup and recovery systems. All services provided by the Service Provider, including but not limited to email and hosting services, are intended solely as a medium for transmission and temporary storage of data. The Service Provider does not provide, and expressly disclaims, any obligation to provide long-term data storage, archival, or backup services. The Service Provider does not offer backup as a service; any backups that may exist are provided purely as a courtesy and on a best-effort basis. The Client is required to regularly download, archive, and maintain independent copies of all data, including emails and website files. Any failure to do so shall be solely at the Client's risk.
7.4 No Duty to Retain or Recover Data: The Service Provider shall have no obligation whatsoever to retain, recover, restore, or provide access to any data, whether during or after the term of services, except as expressly required under a separate written agreement.
7.5 Acknowledgment of Risk: The Client acknowledges that data transmission and storage over the internet are inherently insecure and subject to loss, and expressly assumes all risks associated therewith.
8.1 No 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.
8.2 The Service Provider does not guarantee absolute security of any system, data, or communication.
8.3 The Customer is solely responsible for implementing appropriate security measures at the application, database, and credential level.
9.1 To 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.
9.1 — VPS & Dedicated Servers: For Services such as VPS and dedicated servers, to 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.
9.1.1 — Shared Hosting (Annual Billing): Shared hosting Services are billed on a yearly basis. Notwithstanding any other provision, the maximum refund payable for a shared hosting Service shall be limited to a pro-rata amount calculated for the unused portion of the billing period — that is, the annual fee paid, less the value of the period from the start of the billing term up to the date on which the Customer has used the Services, prorated to the end of the then-current billing period. No refund shall exceed this pro-rata amount, and amounts attributable to the period already used are non-refundable. However, where the Service Provider has offered a reasonable alternative or replacement solution and the Customer nevertheless chooses to leave or terminate the Services of their own accord — including where the current Services are disrupted — no refund shall be payable.
9.1.2 — Shared Hosting & E-Mail Services (Annual Billing): Shared Hosting Services and E-Mail Services are billed on an annual basis. Subject to the other provisions of this Agreement, the maximum refund payable by the Service Provider shall be limited to the prorated unused portion of the fees actually paid for the affected Service, calculated from the effective date of termination to the end of the then-current billing period. Fees attributable to Services already provided, consumed, reserved, licensed, or otherwise made available to the Customer are non-refundable.
9.1.3 — Upstream Provider Actions: Where a Service is affected due to the discontinuation, suspension, repricing, restriction, licensing changes, policy changes, or other actions of an upstream provider, supplier, datacenter operator, software vendor, cloud provider, registrar, registry, telecommunications operator, or other third-party dependency, the Service Provider may, at its sole discretion, offer a substantially similar replacement, migration path, or alternative service.
9.1.4 — Voluntary Migration to Another Provider: If the Service Provider offers a commercially reasonable alternative solution, replacement service, migration option, or substitute provider, and the Customer elects not to accept such alternative and instead chooses to migrate to, subscribe to, or obtain services from another provider, including but not limited to Microsoft 365, Google Workspace, Zoho, Titan, GoDaddy, Hostinger, or any other third party, such decision shall be deemed a voluntary termination by the Customer and no refund, credit, compensation, or other payment shall be due from the Service Provider.
9.1.5 The Customer acknowledges that the Service Provider does not control the pricing, availability, policies, licensing terms, or continued operation of upstream providers and shall not be liable for any consequences arising from actions taken by such providers. In such circumstances, the Service Provider's obligation shall be limited to making commercially reasonable efforts to provide a suitable alternative where available.
9.2 Under 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.
9.3 The limitations in this Section shall apply even if any remedy provided under this Agreement fails of its essential purpose.
10.1 The 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.
10.2 The Service Provider does not warrant that the Services will meet the Customer's specific requirements or expectations.
11.1 The 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.
11.2 Violation of acceptable use policies may result in immediate suspension or termination without notice or refund.
11.3 The Customer shall at all times comply with the Service Provider's Acceptable Use Policy published at our AUP page, as amended from time to time.
12.1 The 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:
13.1 The 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.
13.2 Upon 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.
13.3 Refund 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, 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.
14.1 The 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.
15.1 The term of this Agreement shall be as specified in the Service Provider's order form or invoice.
15.2 Unless 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.
15.3 Renewal pricing shall reflect the then-current fee schedule and shall not be bound by any previously quoted or prepaid rates.
16.1 The Service Provider reserves the right to amend, update, or replace any provision of this Agreement at any time, with or without notice.
16.2 The current version of this Agreement shall at all times be published on the Service Provider's website.
16.3 Continued use of Services following publication of any amendment shall constitute unconditional acceptance of the amended terms.
17.1 Mandatory 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.
17.2 Arbitration 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.
17.3 Seat and Venue: The seat and venue of arbitration shall be New Delhi, India. All proceedings shall be conducted in the English language.
17.4 Appointment 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.
17.5 Arbitrator'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; and issue a final, binding, and enforceable award.
17.6 Binding 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.
17.7 Costs: 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.
17.8 No 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.
17.9 Emergency 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.
17.10 Confidentiality: 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.
18.1 This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its principles for resolving conflicts of law.
18.2 For 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.
18.3 The Customer expressly waives any objection to jurisdiction or venue in Delhi, India.
By subscribing to or using any Service, the Customer irrevocably confirms and agrees that:
Our team is available to explain any part of this agreement.
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