KERNELVPS TERMS OF SERVICES

These Terms of Service (the "Agreement") are an agreement between Sinode Datacenters Pvt Ltd. ("KernelVPS" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Sinode Datacenters Pvt Ltd. and of the KernelVPS.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Sinode Datacenters Private Limited was incorporated on the fourth day of August 2017 under the Companies Act, 2013(18 of 2013) in Banagalore, India and the company is limited by shares. The Corporate Identitiy Number of the company is U72900KA2017PTC105319.

1. Terms

By accessing the website at https://www.kernelvps.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein), including SPAM, and all disconnect and reconnect fees associated with violations. KernelVPS does not harden or enable additional server security software outside of operating system defaults.

The following terms constitute an agreement between you and KernelVPS. ("KernelVPS"). These Terms of Service govern your use of the services provided by KernelVPS (the "Services").

By using the services you signify that you agree to these terms of service, including that you agree to transact with us electronically, and that you consent to resolve disputes in Bengaluru, India that you may have with us, our suppliers, or the Services. Please note that we offer the Services "AS IS" and without warranties.

These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.

2. Account Eligibility

  1. By registering for or using the Services, you represent and warrant that:
  1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
  2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
  1. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. KernelVPS is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the KernelVPS Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
  2. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

3. Non-Payment/Service Interruption

Services interrupted for non-payment may be subject to a late fee of 10% of the invoice ammount. Data stored on a client's services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of KernelVPS. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/chargeback date. KernelVPS is not responsible for data integrity, regardless of circumstance. KernelVPS strongly recommends keeping up to date and off network backups to protect against data loss.

4. Refunds,SLA and Chargebacks

Three Day Money-back Guarantee Refunds

All VPS services provided by KernelVPS.com include a three (3) day refund policy which can be claimed within 72 hours of deployment of server, in the event that a client is dissatisfied by our services, by raising a ticket at our Support Center. Refunds will be processed by the payment gateway the transaction was made and the amount will be refunded to the source of payment. Refunds are not eligible in the event that a server was suspended for abuse of service and/or not complying with our terms of service. The amount refunded is exclusive of any taxes and/or transaction fees.

SLA Refunds

All KernelVPS.com VPS services are by default enforced by a 99.5% up time service level agreement(SLA). In the event of downtime refunds will be generated in the form of on-store credits which can be redeemed on any invoices/purchases at www.kernelvps.com. The service level agreement does not cover downtime due to scheduled maintenance; of which clients will be informed beforehand via email they have used to register at www.kernelvps.com. In order to claim the refund a customer has to open a ticket along with sufficient proof to back claims of downtime. SLA refund amount is calculated based on hours of downtime. In case of four (4) to eight (8) hours of unscheduled downtime per month; 50% of the monthly charge of the service will be refunded. In case of more than eight (8) hours of unscheduled downtime per month; 100% of the monthly charge of the service will be refunded. SLA refund amounts are exclusive of any taxes and/or transaction fess.

Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to KernelVPS within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by KernelVPS, and validated by our Terms of Service, is disputed to a financial institution by performing a chargeback, then the client agrees to pay an 'Administrative Fee' of $200 in addition to original amount of funds which were reclaimed.

5. Suspensions

In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. At which time, a termination fee of $25 will be applied to the account which must be paid within 15 days to avoid full account suspension. KernelVPS assumes no liability for the integrity of the data stored on a suspended server.

6. Cancellations

KernelVPS requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within five (5) days, the server will still be canceled however a termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension.

Official KernelVPS Resellers may cancel their servers up to twenty-four (24) hours after the server's billing renewal date. After twenty-four (24) hours, the server can still be requested to be canceled by the reseller, however the termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension.

7. Fraud

In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of KernelVPS. All information available to KernelVPS about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within Singapore, or abroad.

KernelVPS utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using non-identifiable anonymous information.

8. Disclaimers of Liability; Indemnification

We provide the services "as is", "with all faults" and "as available." We and our suppliers make no express or implied warranties or guarantees about the services. To the extent permitted by law, we and our suppliers disclaim implied warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We and our suppliers do not guarantee that the results that may be obtained from the use of the services will be effective, reliable, accurate or meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. No oral or written information given by a KernelVPS. Representative shall create a warranty. You may have additional consumer rights under your local laws that this contract cannot change. You use the services at your own risk.

Your sole and exclusive remedy for any dispute with us or our suppliers is the cancellation of your account. In no event shall our, our affiliates' and our suppliers' aggregate and cumulative liability to you for any and all claims relating to the use of the services exceed the total amount of fees, if any, that you paid during the period during which such claims arose. We, our affiliates, and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our affiliates and suppliers, shall be limited to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. Price Change

KernelVPS reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by KernelVPS through the user billing tool or through other methods of communication, including notices sent or posted by KernelVPS.

10. Custom OS

KernelVPS offers the clients with an ability to upload a Custom OS as a ISO file from the Client Area. However, client is responsible for managing, licensing and other issues with their custom operating system. Anything that we do not install and configure for the client is the client’s responsibility and is not covered by our support.

KernelVPS provides basic tools needed to configure and maintain the client’s server. KernelVPS provides knowledgebase articles covering various topics which may offer insight into common questions regarding our servers.

11. Support

KernelVPS provides hardware support related to each direct client's service functioning. KernelVPS does not offer software support of any kind. KernelVPS does not provide software support/troubleshooting for the software items chosen from the order form. KernelVPS only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. KernelVPS is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by KernelVPS or the client. KernelVPS may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Each client is eligible for one (1) complimentary operating system ("OS") reload per billing cycle; each additional OS reload is $50 per reload. Installation of an unsupported OS is subject to the prior approval of KernelVPS and to a $50 fee. KernelVPS does not provide any type of support to the clients of our clients (third party clients). KernelVPS will only provide support directly to clients of KernelVPS.

You can avail our monthly or one-time managed support services as an add-on paid service.

12. Abuse/Spam/Bulk Email Policy

KernelVPS reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.

The following actions will be taken on a case-by-case basis:

Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client's server are a result of the server's security being compromised, our abuse department will offer the following options:

If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide KernelVPS with an explanation via WHMCS's ticketing system within 10 days of the abuse ticket being opened.

13. DMCA Complaints

KernelVPS handles any and all Digital Millennium Copyright Act ("DMCA") complaints very seriously, and will thoroughly investigate each complaint received. KernelVPS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

The following actions will be taken on a case-by-case basis:

14. Bandwidth Usage/Overages

Clients who exceed the bandwidth limit of their exisiting plan will be charged for the upgraded bandwidth plan without any further notice to the client in the next billing cycle. KernelVPS reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. KernelVPS is not responsible for spikes in bandwidth that are caused on a client's service for any reason. Client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.

15. Payment Verification

Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of KernelVPS. The identity verification measures may include the faxing of two forms of government issued identification to KernelVPS, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.

16. Electronic Notifications

Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Service" link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

17. Backups and Data Loss

Your use of the Services is at your sole risk. KernelVPS' backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. However, you have the option of choosing a different backup rotation policy and to do this, you are required to open a new support request ticket from our Support Center. Please do note additional fees may be charged based on the number of instances of the backups that you want to store. Backups can be restored from the KernelVPS’ Client Center. This service is provided VPS accounts as a courtesy and may be modified or terminated at any time at KernelVPS' sole discretion. KernelVPS is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on KernelVPS' servers.

For an additional fee, KernelVPS’ team can perform the backup tasks on behalf of the Clients.  

18. Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

19. Modifications

KernelVPS may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.

20. Governing Law

You agree that the laws of the Bengaluru, India govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to the conflict of laws rules thereunder, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in Bengaluru,India.

Please note that by agreeing to these terms of use, you are:

21. Severability


If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

22. Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Additional Terms and Conditions; EULAs
When you use G2A Pay services provided by G2A.COM Limited (hereinafter referred to as the "G2A Pay services provider") to make a purchase on our website, responsibility over your purchase will first be transferred to G2A.COM Limited before it is delivered to you. G2A Pay services provider assumes primary responsibility, with our assistance, for payment and payment related customer support. The terms between G2A Pay services provider and customers who utilize services of G2A Pay are governed by separate agreements and are not subject to the Terms on this website.

With respect to customers making purchases through G2A Pay services provider checkout, (i) the Privacy Policy of G2A Pay services provider shall apply to all payments and should be reviewed before making any purchase, and (ii) the G2A Pay services provider Refund Policy shall apply to all payments unless notice is expressly provided by the relevant supplier to buyers in advance. In addition the purchase of certain products may also require shoppers to agree to one or more End-User License Agreements (or "EULAs") that may include additional terms set by the product supplier rather than by Us or G2A Pay services provider. You will be bound by any EULA that you agree to.

We and/or entities that sell products on our website by using G2A Pay services are primarily responsible for warranty, maintenance, technical or product support services for those Products. We and/or entities that sell products on our website are primarily responsible to users for any liabilities related to fulfillment of orders, and EULAs entered into by the End-User Customer. G2A Pay services provider is primarily responsible for facilitating your payment.

You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body.

For customer service inquiries or disputes, You may contact us by email at support@kernelvps.com

Questions related to payments made through G2A Pay services provider payment should be addressed to support@g2a.com.

Where possible, we will work with You and/or any user selling on our website, to resolve any disputes arising from your purchase.