Article OneParties to the Agreement
This Legal Agreement is entered into by and between the following parties:
(trading as "Hosting Minder")
The terms "we", "us", "our" shall refer to Minder InfoTech Private Limited. The terms "you", "your", "Customer", "User", or "Subscriber" shall refer to the contracting party accessing our Services. Together referred to as the "Parties".
Article TwoDefinitions
For the purposes of this Agreement, the following definitions shall apply unless the context otherwise requires:
- "Agreement" means this Legal Agreement, including all schedules, annexures, and policies incorporated herein by reference.
- "Services" means web hosting, domain registration, VPS, dedicated servers, cloud hosting, SSL certificates, email hosting, and all other services provided by Hosting Minder.
- "Site" means the Hosting Minder website and all associated subdomains, portals, and client areas.
- "Customer Data" means all data, files, content, and information uploaded, stored, or transmitted by the Customer via our Services.
- "Intellectual Property" means patents, trademarks, service marks, copyrights, trade secrets, domain names, and all other forms of proprietary rights.
- "Confidential Information" means any non-public information disclosed by one Party to the other that is designated as confidential or that ought reasonably to be treated as confidential.
- "Uptime" means the percentage of time during a calendar month that the Services are available and accessible.
- "Force Majeure" means any event beyond the reasonable control of a Party, including acts of God, war, natural disasters, government actions, or power failures.
- "Applicable Law" means the laws of India, including the Information Technology Act, 2000, and any rules or regulations framed thereunder.
Article ThreeScope of Services
Minder InfoTech Private Limited agrees to provide the following Services to the Customer under the terms of this Agreement:
Hosting Services
- Shared Web Hosting — multi-tenant hosting environment with allocated resources.
- Virtual Private Server (VPS) Hosting — dedicated virtualised server environment.
- Dedicated Server Hosting — exclusive physical server allocation.
- Cloud Hosting Solutions — scalable, distributed cloud infrastructure.
Domain & Security Services
- Domain Name Registration, Transfer, and Management.
- SSL/TLS Certificate Provisioning and Renewal.
- DNS Management Services.
Support & Ancillary Services
- Email Hosting and Configuration.
- Website Migration and Transfer Services.
- Technical Support via email, ticketing system, and live chat.
We reserve the right to modify, update, or discontinue any Service with reasonable prior notice. Material changes will be communicated at least 30 days in advance where operationally possible.
Article FourObligations of the Parties
Obligations of Minder InfoTech Private Limited
- Provide the agreed Services with reasonable skill and care.
- Maintain network infrastructure and server hardware in good operational condition.
- Provide technical support during stated business hours.
- Notify the Customer of planned maintenance with reasonable advance notice.
- Take commercially reasonable steps to protect Customer Data from unauthorised access.
- Comply with all Applicable Laws in the provision of Services.
Obligations of the Customer
- Provide accurate, truthful, and complete information during registration and at all times.
- Pay all applicable fees on time and in accordance with the agreed billing schedule.
- Maintain the confidentiality of account credentials and promptly notify us of any unauthorised access.
- Use the Services only for lawful purposes and in compliance with our Acceptable Use Policy.
- Maintain independent backups of all Customer Data.
- Ensure that all content hosted on our infrastructure complies with Applicable Law.
- Not resell, sublease, or sub-license Services without prior written consent.
Article FivePayment Terms
Fees & Billing
- All fees are payable in advance in Indian Rupees (INR) unless otherwise agreed in writing.
- Services are billed on a monthly, quarterly, semi-annual, or annual basis as selected by the Customer.
- All amounts are exclusive of applicable taxes, including GST, which shall be borne by the Customer.
Auto-Renewal
- Subscriptions renew automatically at the end of each billing cycle at the then-current rate unless cancelled before the renewal date.
- Renewal invoices are issued 7 days before the due date. The Customer authorises automatic charging to the registered payment method.
Late Payment
- Invoices unpaid within 7 days of the due date may result in service suspension.
- Invoices unpaid for 30 days may result in permanent account termination and data deletion.
- We reserve the right to charge interest on overdue amounts at 1.5% per month.
Refund Policy
- Shared hosting plans are eligible for a 30-day money-back guarantee from the initial purchase date.
- VPS, Dedicated Servers, Cloud plans, domain registrations, and SSL certificates are non-refundable.
- No refunds shall be issued for accounts terminated for breach of this Agreement.
Article SixIntellectual Property Rights
Ownership by Minder InfoTech Private Limited
All Intellectual Property in the Hosting Minder platform, website, software, control panels, branding, trademarks, and proprietary technology is and shall remain the exclusive property of Minder InfoTech Private Limited. No licence or right to use any such Intellectual Property is granted to the Customer except as expressly set out in this Agreement.
Ownership by the Customer
The Customer retains full ownership of all Customer Data, websites, and content hosted on our servers. By uploading content to our infrastructure, the Customer grants Minder InfoTech Private Limited a limited, royalty-free, non-exclusive licence to host, cache, and process such content solely for the purpose of delivering the Services.
Restrictions
- The Customer shall not reverse-engineer, decompile, or disassemble any software or system provided as part of the Services.
- The Customer shall not use the Hosting Minder name, logo, or trademarks without prior written consent.
- The Customer shall not host content that infringes any third-party Intellectual Property rights.
Article SevenConfidentiality
Each Party agrees to keep confidential all Confidential Information disclosed by the other Party and to use such information solely for the purpose of performing its obligations or exercising its rights under this Agreement.
- Neither Party shall disclose Confidential Information to any third party without the prior written consent of the disclosing Party.
- Each Party shall take reasonable precautions to protect the other's Confidential Information with at least the same level of care used to protect its own confidential information.
- Obligations of confidentiality shall survive termination of this Agreement for a period of three (3) years.
Exceptions
Confidentiality obligations shall not apply to information that: (a) is or becomes publicly known through no fault of the receiving Party; (b) is lawfully received from a third party without restriction; (c) is independently developed; or (d) is required to be disclosed by law or court order, provided that prompt written notice is given to the disclosing Party.
Article EightIndemnity & Limitation of Liability
Customer Indemnity
The Customer agrees to indemnify, defend, and hold harmless Minder InfoTech Private Limited, its directors, officers, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
- The Customer's breach of any provision of this Agreement.
- Any content hosted or transmitted by the Customer that violates any law or third-party rights.
- The Customer's negligence, fraud, or wilful misconduct.
- Any claim by a third party arising from the Customer's use of the Services.
Limitation of Liability
- To the fullest extent permitted by law, Minder InfoTech Private Limited shall not be liable for any indirect, incidental, consequential, special, or punitive damages.
- Our total aggregate liability to the Customer shall not exceed the total fees paid by the Customer in the three (3) months immediately preceding the event giving rise to the claim.
- Services are provided "as is" without warranties of merchantability or fitness for a particular purpose.
Article NineTermination & Suspension
Termination by Customer
The Customer may terminate this Agreement by providing written notice to support@hostingminder.in at any time. Termination takes effect at the end of the current billing period. No refunds shall be provided for unused portions of a billing cycle.
Termination by Minder InfoTech Private Limited
We may terminate this Agreement and suspend or delete the Customer's account, with or without prior notice, in the following circumstances:
- Breach of any provision of this Agreement or the Acceptable Use Policy.
- Non-payment of fees for more than 30 days past the due date.
- Engagement in fraudulent, illegal, or harmful activities.
- Actions that threaten the security, integrity, or performance of our infrastructure or other customers.
- Upon a lawful instruction from a government authority or court of competent jurisdiction.
Effect of Termination
- All licences granted under this Agreement shall immediately terminate.
- Customer Data may be permanently deleted from our servers following termination.
- Provisions relating to Intellectual Property, Confidentiality, Indemnity, and Governing Law shall survive termination.
Article TenDispute Resolution
Negotiation
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the Parties shall first attempt to resolve the matter amicably through good-faith negotiations for a period of 30 days from the date of written notice of the dispute.
Mediation
If the dispute is not resolved through negotiation, either Party may refer the dispute to a mutually agreed mediator. The costs of mediation shall be shared equally between the Parties.
Arbitration
If mediation fails, the dispute shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator, seated at Tamil Nadu, India, and shall be conducted in the English language. The arbitral award shall be final and binding upon the Parties.
Article ElevenGoverning Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Republic of India, including but not limited to:
- The Information Technology Act, 2000, and the rules framed thereunder.
- The Indian Contract Act, 1872.
- The Consumer Protection Act, 2019.
- The Companies Act, 2013.
The Parties submit to the exclusive jurisdiction of the courts located in Tamil Nadu, India for resolution of any disputes not subject to arbitration under Article X.
Article TwelveForce Majeure
Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay results from a Force Majeure event, including:
- Acts of God (earthquakes, floods, storms, fire).
- Wars, riots, civil commotion, or terrorism.
- Government orders, sanctions, or embargoes.
- Nationwide or regional power, internet, or telecommunications failures.
- Pandemics, epidemics, or public health emergencies declared by a competent authority.
- Failures of third-party infrastructure or network providers beyond our control.
The affected Party shall notify the other in writing as soon as practicable after the Force Majeure event occurs. If the Force Majeure continues for more than 60 days, either Party may terminate this Agreement without liability on 14 days' written notice.
Article ThirteenMiscellaneous Provisions
Entire Agreement
This Agreement, together with the Privacy Policy, Acceptable Use Policy, and any Service Orders, constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior agreements, representations, and understandings.
Amendments
Minder InfoTech Private Limited reserves the right to amend this Agreement at any time. Amendments will be effective upon posting to our Site or notification via email. Continued use of Services after the effective date constitutes acceptance.
Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Waiver
Failure to enforce any provision of this Agreement shall not constitute a waiver of the right to enforce such provision in the future.
Assignment
The Customer may not assign or transfer this Agreement or any rights hereunder without prior written consent. Minder InfoTech Private Limited may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Notices
All formal notices under this Agreement shall be in writing and delivered by email with read-receipt confirmation, or by registered post to the addresses stated in Article XIV.
Article FourteenContact & Notice
All notices, legal correspondence, and formal communications should be directed to:
Article FifteenExecution & Acceptance
By using or purchasing Services from Hosting Minder, the Customer represents that they have:
- Read and fully understood all clauses of this Legal Agreement.
- The legal authority and capacity to enter into a binding agreement.
- Agreed to be bound by all terms, conditions, and policies referenced herein.
- If acting on behalf of a corporate entity — obtained all necessary authorisations to bind that entity.
For Minder InfoTech Private Limited
Trading as: Hosting Minder
CIN: U78100TN2024PTC168354
Ariyalur, Tamil Nadu – 612902
For the Customer
Name: ___________________________
Company (if applicable): ___________
Date: ____________________________
