Terms of Service - Stavra Cloud

1. Agreement and Parties

These Terms of Service ("Terms") are a binding agreement between Sylox Tech (OPC) Private Limited, a company incorporated in India with its registered office at Jharkhand, India ("Stavra Cloud", "we", "us"), and the person or entity that creates an account or places an order ("Customer", "you").

By creating an account, placing an order or using the Service, you accept these Terms, the Acceptable Use Policy, the Refund Policy and the Privacy Policy, which form part of this agreement. If you accept on behalf of an organisation, you confirm that you are authorised to bind it. If you do not accept these Terms, do not use the Service.

This agreement is an electronic record under the Information Technology Act, 2000 and does not require a physical or digital signature.

2. Definitions

Service: the website, customer dashboard, ordering, billing and support provided by us, and any server supplied through them.
Server: a dedicated (bare-metal) server ordered through the Service.
Upstream Provider: the third-party data-centre operator that owns and operates the server hardware, network and facility.
Billing Period: the one-month period covered by an invoice for a Server.
Customer Data: all software, files, databases and other content stored on or transmitted through your Server.

3. The Service and Our Role

We resell dedicated servers supplied by Upstream Providers. We operate the catalogue, ordering, billing, invoicing, the customer dashboard and customer support. The Upstream Provider operates the physical hardware, power, cooling, network and data-centre facility.

Server specifications and locations are those shown in the catalogue at the time of your order, as published by the Upstream Provider. Your use of a Server is also subject to the Upstream Provider's applicable policies on network use and abuse, which we enforce on their behalf.

We may change, add or withdraw catalogue items at any time. Withdrawing a configuration from sale does not affect a Server you already have.

4. Accounts and Eligibility

You must be at least 18 years old and legally able to enter into a contract.
You must provide accurate, complete and current information, including your billing country and, where applicable, your GSTIN. The billing country is fixed once set and can only be changed by us on verified request.
You are responsible for keeping your login credentials secure and for all activity under your account. Notify us immediately at [email protected] of any unauthorised access.
We may refuse an account or order, or ask for verification of identity or payment, at our discretion.

5. Acceptable Use

You must comply with the Acceptable Use Policy. In summary, you must not use the Service for spam, network attacks, phishing, malware, intrusion, copyright or trademark infringement, or any content or activity that is illegal in India or in the country where the Server is located.

We may suspend a Server or account immediately and without notice where we reasonably believe the Acceptable Use Policy has been breached, where an Upstream Provider or authority requires it, or where the Server is harming our network, other customers or third parties. No refund or credit is due for a suspension or termination under this section.

6. Orders and Provisioning

An order is accepted when the first invoice is paid. Until then, prices and stock may change.
The first invoice for a Server is due 3 days after it is issued. Unpaid orders lapse after the due date.
Provisioning time depends on the configuration and the Upstream Provider's stock. Any delivery estimate is indicative, not guaranteed.
If we cannot supply the Server you paid for, we cancel the order and credit the full amount to your wallet, as set out in the Refund Policy.
Access details are shown in your dashboard and sent by email once the Server is ready. The Billing Period starts on delivery.

7. Fees, Invoices and Taxes

Prices are shown in Indian rupees (INR) and exclude GST unless stated otherwise. Each configuration has one monthly price and, where applicable, a one-time setup fee, both shown before you order.
Servers are billed monthly. A renewal invoice is issued on the first day of each Billing Period and is due 7 days after issue.
The monthly price of a Server is fixed at the price you ordered it at, for as long as that Server remains active.
Customers in India are charged GST at the applicable rate (currently 18%). For customers outside India, supplies are zero-rated as exports where a valid Letter of Undertaking is in force; otherwise IGST applies.
Payments by PayPal are charged in US dollars at the conversion rate shown at checkout. Currency conversion and bank charges imposed by your payment provider are your responsibility.
Every payment produces a tax invoice, available in your dashboard as a PDF.
Only where an Upstream Provider increases its own price for an active Server may we change that Server's price, with at least 30 days' notice by email. You may cancel before the change takes effect. A price change never affects a Billing Period you have already paid.

8. Non-Payment and Suspension

We send reminders before and after an invoice falls due.
If a renewal invoice remains unpaid 7 days after its due date, the Server is suspended. Suspension stops access to the Server; its data is not deliberately deleted at that point.
Paying all overdue invoices lifts the suspension.
If overdue invoices remain unpaid, we may cancel the Server at the end of the paid Billing Period. Cancellation returns the hardware to the Upstream Provider and permanently deletes all Customer Data on it.
Amounts that remain unpaid are a debt due to us, and we may recover them, together with reasonable costs of collection.

9. Cancellation by You

You may cancel a Server at any time from your dashboard.
Cancellation takes effect at the end of the current paid Billing Period. You keep access until then, and you may withdraw the cancellation until that date.
No further invoices are issued for a cancelled Server. Fees for the current Billing Period are not refunded, as set out in the Refund Policy.
When cancellation takes effect, all Customer Data on the Server is permanently deleted and cannot be recovered. Copy everything you need before that date.

10. Availability and Maintenance

We work to keep the Service available, but we do not guarantee uninterrupted or error-free operation. No uptime percentage or service credit applies unless it is stated in writing for the specific product you purchased.

The Upstream Provider may carry out scheduled maintenance on hardware, network or facilities. We pass on notice where we receive it. Emergency maintenance, including action to stop an attack or a hardware fault, may be carried out without notice.

Hardware faults are handled with the Upstream Provider. Report a fault by support ticket and we will coordinate its diagnosis and repair or replacement.

11. Security and Backups

You receive full administrative (root) access to your Server. As a result, you are solely responsible for:

the operating system, software, configuration and updates on the Server;
securing the Server, including firewalls, passwords, SSH keys and timely security patches;
the legality of all Customer Data and of all activity on the Server, including by your users; and
maintaining regular, tested backups of all Customer Data at a location other than the Server.

We do not back up Customer Data unless you have purchased a backup service from us in writing, and even then you remain responsible for keeping independent copies.

12. Data Loss and Third-Party Attacks

We are not responsible for the loss, corruption, unavailability or disclosure of Customer Data, however caused, including where it results from:

scheduled or emergency maintenance by us or the Upstream Provider;
hardware failure, including disk, memory, controller or power failure;
attacks or unauthorised acts by third parties, including denial-of-service attacks, intrusion, malware and ransomware;
vulnerabilities in software installed on the Server, or weak or compromised credentials;
reinstallation of the operating system requested by you, or actions taken from your account; or
suspension or cancellation of the Server under these Terms.

13. Network Protection and IP Addresses

Network-level protection against denial-of-service attacks is provided by the Upstream Provider. To protect its network, it may filter, rate-limit or temporarily null-route traffic to an IP address under attack. Such measures are not a breach of these Terms.

IP addresses assigned to your Server remain the property of the Upstream Provider or the relevant registry. You acquire no ownership of them, and they are withdrawn when the Server is cancelled. You must not use IP addresses that have not been assigned to your Server.

14. Intellectual Property

The Service, including its software, design, text and trademarks, belongs to us or our licensors. You retain all rights in Customer Data. You grant us only the limited rights needed to provide the Service, such as transmitting data to and from your Server.

15. Privacy

We process personal data as described in the Privacy Policy. We do not access the contents of your Server except where you ask us to in a support request, or where required by law or to investigate an abuse report.

16. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available". We disclaim all implied warranties and conditions, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will meet your requirements or be free from interruption, error or attack.

17. Limitation of Liability

To the maximum extent permitted by law:

neither party is liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profit, revenue, business, goodwill or data, even if advised of its possibility; and
our total aggregate liability arising out of or in connection with these Terms is limited to the fees you actually paid us for the affected service in the 3 months before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud.

18. Indemnification

You will indemnify and hold harmless Sylox Tech (OPC) Private Limited, its directors, employees and Upstream Providers against all claims, damages, penalties, losses and costs (including reasonable legal fees) arising from Customer Data, your use of the Service, or your breach of these Terms or the Acceptable Use Policy.

19. Suspension and Termination by Us

We may suspend or terminate your account or any Server:

immediately and without notice, for a breach of the Acceptable Use Policy, fraud, a chargeback, or where required by law, an authority or the Upstream Provider;
under Section 8, for non-payment; or
for any other material breach of these Terms that you do not remedy within 7 days of notice.

We may also end the Service for convenience with at least 30 days' notice, in which case we refund the unused portion of any prepaid Billing Period. Sections 11, 12, 14 and 16 to 23 survive termination.

20. Force Majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, fire, flood, epidemic, war, terrorism, civil unrest, government action, power or telecommunications failure, large-scale network attacks, and failures of an Upstream Provider. This does not excuse your obligation to pay for services already provided.

21. Changes to These Terms

We may update these Terms. For material changes we give at least 15 days' notice by email and on this page before they take effect. If you do not accept a change, you may cancel the affected Server before the change takes effect. Continued use after the effective date means you accept the updated Terms.

22. Governing Law and Disputes

These Terms are governed by the laws of India. The parties will first try in good faith to resolve any dispute by written notice and negotiation for 30 days. Failing that, the courts at Jamshedpur, Jharkhand have exclusive jurisdiction.

23. General

Entire agreement. These Terms and the policies referred to in them are the entire agreement between the parties about the Service.
Order of precedence. A written agreement signed by both parties prevails over these Terms, which prevail over the other policies.
Severability. If any provision is held unenforceable, the rest remains in force.
No waiver. Not enforcing a provision is not a waiver of it.
Assignment. You may not transfer this agreement without our written consent. We may transfer it to a successor business.
Notices. We send notices to the email address on your account. You send notices to [email protected].

24. Contact

Sylox Tech (OPC) Private Limited
Jharkhand, India
Legal: [email protected]
Billing: [email protected]
Abuse reports: [email protected]