Terms of Service

Definitions

  • Host: MantraCloud and/or its parent company.
  • Owner/User/You: The paying customer.
  • Fees: Setup, Recurring, and Non-Recurring Fees.
  • Initial Term: Period commencing on Service Commencement Date, ending approximately one month later.
  • Recurrence Period: The recurring billing period (typically monthly).
  • Service Commencement Date: The date when Host grants access to Services.
  • Service Level Agreement (SLA): MantraCloud Service Level Agreement as such agreement may be amended from time to time by Host.
  • Acceptable Use Policy (AUP): MantraCloud Acceptable Use Policy as such policy may be amended from time to time by Host.

General Terms

Host may use collected information to communicate about services and products via email, telephone, postal mail, and other devices. Host retains the right to remove objectionable content without notice, including pornography, spam, phishing scams, and copyright infringement.

The website owner bears sole responsibility for related liabilities. Host owns all code and programs developed by Host. Customers own original content placed on their services (assuming no copyright infringement). GPL-licensed software remains governed by those terms.

Host reserves modification rights to terms and conditions at any time.

Confidential Information is defined broadly, encompassing proprietary business information, unpublished pricing, audit reports, and data center designs, excluding publicly available information or independently developed materials.

Host Obligations

Host provides Services and Support per the Service Level Agreement. If Host fails to meet SLA obligations, the sole remedy involves Service Credits outlined in the SLA agreement.

Your Obligations

Users are solely responsible for content posted using Services. Full compliance with the Acceptable Use Policy is required, along with adherence to all applicable laws and timely fee payment.

Client Roster & Trademark Usage

By using the service, customers grant Host a royalty-free license to list trademarked names and logos in Host's client roster during the service term. This license terminates upon service expiration and does not extend to Host's advertising or marketing activities.

Fees

Initial invoices include Setup Fees and Recurring Fees through the Recurrence Period. Thereafter, Host invoices in advance for Recurring Fees and in arrears for Non-Recurring Fees.

Recurring Fees remain fixed during the Initial Term. Upon Renewal Terms, fees adjust to published rates effective at renewal.

Payments

Payment terms are due on receipt. Customers bear responsibility for applicable sales, use, value-added, and other taxes (excluding net income taxes).

Disputed fees must be reported in writing within fourteen (14) days of invoice date. Failure to dispute within this period waives dispute rights.

Suspension of Services

Host may suspend Services without liability if:

  • Payment fails after seven (7) days of invoice
  • Customer violates the Acceptable Use Policy
  • Customer fails to cooperate with breach investigations
  • Host reasonably believes servers were accessed by unauthorized third parties
  • Suspension is necessary to protect the Host environment
  • Required by subpoena, court order, or law

Upon suspension, customers must pay the full account balance including any late fees.

Term

The term extends from Service Commencement Date until service termination. Services are offered on a cancel-anytime basis (No Contract).

Termination / Cancellation

Customers may cancel by opening a ticket at support.mantracloud.com between 7-30 days before the billing cycle end. Service terminates within 3-4 days, allowing time for file transfer.

Refunds

Monthly Billing

No refunds policy applies. Host may issue refunds case-by-case at its sole discretion.

Annual Billing

Pro-rated refunds apply for unused portions. For example, cancellation at month 6 of a prepaid annual plan results in refund of 6 months at the discounted prepaid rate.

Termination for Breach

Host may terminate upon seven (7) days written notice and opportunity to cure material breaches. However, immediate termination applies for Acceptable Use Policy violations. Termination does not relieve customers of fees for services already provided.

Changes to Service

Service changes require a new Service Order and agreement. Unused payments transfer as credits to the new agreement.

Maintenance

Host conducts routine testing, maintenance, upgrades, and repairs with commercially reasonable advance notice. Emergency disruptions may occur without prior notice.

Confidential Information

Each party safeguards the other's confidential information using reasonable care standards. Neither party uses such information except to implement agreement obligations. If legally compelled disclosure is required, the disclosing party must provide prompt notice to permit protective actions.

Limited Warranty

Host represents it will provide Services per the Service Level Agreement. Host and its licensors disclaim any and all other warranties, express or implied, relating to the services. Host makes no representations regarding data accuracy, security, or authenticity transmitted over the Internet.

Customers are solely responsible for implementing adequate firewall, password, and security measures.

Limitation of Liability

Except for gross negligence or willful misconduct, Host's cumulative liability does not exceed total fees paid during three (3) months preceding the claim or pro-rata annual equivalent.

Host bears no liability for special, incidental, consequential, exemplary, or punitive damages, lost profits, or lost data, even if advised of such possibility.

Indemnification

Host defends and indemnifies customers from third-party claims arising from Host's gross negligence, willful misconduct, or SLA violations (provided prompt notice, sole control of defense, and reasonable cooperation).

Customers indemnify Host from claims arising from their gross negligence, willful misconduct, AUP violations, or legal breaches. This includes claims from employees, users, and anyone accessing Services due to customer security failures.

Ownership of Intellectual Property

Each party retains intellectual property rights. Host owns all IP used in providing Services. Customers do not acquire ownership in servers or hardware. Customers acknowledge third-party software use and IP addresses remain Host's property, releasing upon termination.

Miscellaneous

Non-Solicitation

For one (1) year post-termination, customers may not solicit Host employees without written consent.

Force Majeure

Host is not liable for delays caused by acts of God, war, terrorism, natural disasters, government acts, or third-party provider failures.

Notice of Claim

Claims must be presented in writing within sixty (60) days of the event.

Notices

Formal notices require certified mail, overnight carrier, or personal delivery to addresses specified in the Service Order. Host notices go to: MantraCloud.com (c/o Mantra Ventures, Inc.), 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808, Attn: Legal.

Governing Law

This agreement is governed by New Delhi laws, with exclusive jurisdiction in New Delhi state courts (though Host may pursue claims elsewhere for enforcement).

Entire Agreement

This agreement, the Service Level Agreement, and Acceptable Use Policy constitute the complete understanding between the parties.