Terms of Service

01 · Parties and Acceptance

These Terms are between ADHABI DATA CENTRE LLP ("we", "us", "our") and the Customer ("you", "your"). By registering an account, deploying a virtual machine, or using any service provided by us, you accept these Terms in full. If you do not agree, you must not use our services. These Terms incorporate by reference our Privacy Policy, KYC Policy, and Acceptable Use Policy (AUP).

02 · Eligibility

You must be at least 18 years of age or a legally recognized business entity holding a valid GSTIN where applicable. By registering, you represent and warrant that you meet this requirement and have the legal capacity to enter into this agreement.

03 · Service Description

We provide Virtual Private Servers (VPS), cloud hosting, and related infrastructure services provisioned on third-party data centre infrastructure located within India. We are a colocation reseller and do not own or operate the physical data centre facility.

04 · Account Registration and Security

4.1 You must provide accurate, current, and complete information during registration and keep it updated.

4.2 You are solely responsible for maintaining the confidentiality of your account credentials, API keys, passwords, and access tokens. You are fully responsible for all activities that occur under your account.

4.3 You must immediately notify us of any unauthorized access or security breach. We are not liable for any loss or damage arising from your failure to maintain security.

4.4 API Key Responsibility. You are solely responsible for maintaining the confidentiality of API keys. We accept no liability for unauthorized compute consumption or access resulting from leaked, shared, or compromised credentials.

05 · KYC Condition Precedent

Services are activated only after successful completion of required identity verification and settlement of payment (not merely authorization). You must provide full legal name, validated address, contact number, email, IP address allotted, purpose of hire, and ownership pattern as mandated by CERT-In Directions 2022. We reserve the right to reject any order or terminate any service if required KYC information is not provided or if verification fails, without refund.

06 · Safe Harbour and Takedown Compliance

6.1 We comply with Section 79 of the IT Act and Rule 3 due diligence under the IT Intermediary Rules, 2021 to retain intermediary exemption from liability for third-party content.

6.2 We comply with the IT Intermediary Rules, 2021 as amended in 2025. Unlawful content will be removed or access disabled:
(a) within 2 hours of receiving a complaint regarding non-consensual intimate imagery (NCII) or deepfake content;
(b) within 3 hours of receiving a valid court order or government notification for other unlawful content;
(c) within 36 hours for other categories as may be prescribed.

07 · Grievance Officer

Name: [To be appointed]. Email: grievance@adhabidatacentre.in. Address: Registered Office. Response within 24 hours; resolution within 15 days.

08 · Initial Restrictions

New accounts may have port 25 blocked, lower email limits, limited IP allocation, and enhanced monitoring for 7–30 days.

09 · Suspension and Termination

9.1 We reserve the right to suspend, terminate, or cancel any Service, at any time, with or without notice, with or without cause, at our sole discretion, and without any liability to the Customer. No explanation is required.

9.2 Grounds include but are not limited to: non-payment, abuse, KYC failure, legal order, repeated ToS violation, or refusal to provide CERT-In-required data.

9.3 Termination for Convenience. We reserve the right to terminate any Service with 30 days' written notice, without cause, and without liability beyond refund of any prepaid unused fees on a pro-rata basis.

10 · Limitation of Liability

To the maximum extent permitted by applicable Indian law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages. Our total aggregate liability shall not exceed the fees paid by the Customer in the one (1) month preceding the claim.

11 · Warranty Disclaimer

12 · Backup Disclaimer

Backup services are provided as a convenience only. We do not guarantee that any backup will be complete, accurate, or restorable. The Customer is solely responsible for maintaining independent backups. We shall not be liable for any data loss, corruption, or inability to restore data.

13 · Security Responsibility

The Customer is responsible for securing its servers, operating systems, applications, credentials, access keys, firewall rules, and user accounts. We are not liable for any loss, breach, unauthorized access, data exfiltration, or damage resulting from the Customer's acts or omissions.

14 · Malware / DDoS Disclaimer

We shall not be liable for any damage, downtime, data loss, ransom demand, or business interruption caused by malware, ransomware, viruses, DDoS attacks, zero-day exploits, supply-chain compromises, or other malicious activity.

15 · Zero-Knowledge VM Policy

We do not routinely monitor, inspect, or read the contents of your virtual machines. We monitor hardware performance metrics (CPU, memory, network I/O) and hypervisor status only for uptime and abuse detection. We may access VM-level data only when: (a) required by court order or government direction; (b) necessary to investigate a verified abuse complaint; (c) necessary to prevent imminent harm to network or third parties.

16 · Indemnification

The Customer shall indemnify, defend, and hold harmless ADHABI DATA CENTRE LLP and its partners, designated partners, employees, agents, and subcontractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) the Customer's use of Services; (b) the Customer's content; (c) violation of any law (Indian or foreign); (d) breach of these Terms or the AUP; (e) infringement of any third-party right.

17 · Force Majeure

We shall not be liable for any failure or delay caused by events beyond our reasonable control, including but not limited to: war, terrorism, civil unrest, pandemic, epidemic, government order, regulatory action, power failure, upstream network failure, DDoS attacks, hardware failure, data-centre failure, or acts of God.

18 · Service Level Agreement (SLA)

18.1 Target. We maintain a target 99.9% network and power uptime, excluding scheduled maintenance windows. This is a target, not a guarantee.

18.2 Sole and Exclusive Remedy. SLA credits, where applicable, constitute the Customer's sole and exclusive remedy for any failure to meet service availability commitments. Credits are applied to the account and are not redeemable for cash.

19 · No Liability for IP Blocking

We are not liable for lost profits, lost data, or business interruption resulting from service suspensions, IP blockages, or hardware failures.

20 · Rebuild and Replacement Limits

VM rebuilds are capped at 3 per 24 hours. Replacements are capped at 1 per 24 hours. We reserve the right to limit these actions to prevent infrastructure degradation.

21 · Expiration and Grace Period

Services suspend immediately upon expiry. Terminated VM logs and metadata are held for 3 months before permanent deletion.

22 · Reseller Responsibility

If the Customer acts as a reseller, the Customer is solely responsible for its sub-users, including billing, support, and policy compliance. We hold the reseller account liable for all costs and violations triggered by their client nodes.

23 · Late Payment Interest

Late payments attract interest at 18% p.a. or INR 500/month (whichever is higher), plus collection and legal costs. Cheque return fee INR 1,000.

24 · Arbitration

Any dispute arising out of or in connection with these Terms shall be referred to sole arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Kolkata, West Bengal. The language shall be English. The arbitrator's award shall be final and binding.

25 · Class Action Waiver

The Customer agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

26 · Assignment

The Customer may not assign, transfer, or sublicense these Terms or any Service without our prior written consent. We may assign our rights and obligations without restriction.

27 · Entire Agreement and Severability

These Terms constitute the entire agreement between the parties. If any provision is held unenforceable, the remaining provisions shall continue in full force.

28 · Survival

The following provisions survive termination: Limitation of Liability, Indemnification, Force Majeure, Arbitration, Governing Law, and any other provision that by its nature should survive.

29 · Governing Law

Indian law. Subject to arbitration, exclusive jurisdiction: courts at Kolkata, West Bengal.

30 · Contact

For legal notices, KYC queries, or compliance issues: legal@adhabidatacentre.in

Registered Office: Room No. 112, 1st Floor, Zilla Parishad Market, Salar, Murshidabad, West Bengal — 742401, India