This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, https://www.OnGrid.io, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by OnGrid.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and OnGrid, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The last update to our Terms of Service was posted on December 29, 2016.
Definitions
The terms “us” or “we” or “our” refers to OnGrid, the owner of the Website.
A “Visitor” is someone who merely browses our Website, but has not registered as Member.
A “Member” is an individual that has registered with us to use our Service.
Our “Service” represents the collective functionality and features as offered through our Website to our Members.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. OnGrid reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Content
All services provided by OnGrid may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Republic of India’s law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless OnGrid from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on any OnGrid server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to OnGrid servers or any other server on the Internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.
Examples of non-acceptable content
• Topsites
• IRC Scripts/Bots
• IRCD (irc servers)
• Proxy Scripts/Anonymizers
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
• Push button mail scripts
• Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
• Tell A Friend Scripts
• Anonymous or Bulk SMS Gateways
• Bitcoin Miners
• PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
OnGrid will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason. All non-acceptable contents may not listed here, and can solely be decided by OnGrid.
Billing
(1) debit the client’s credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. Invoices are generated 14 days prior to the Account Activation Date, and payment shall be remitted to OnGrid by no later than the specified payment due date. OnGrid shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. Credit cards can billed automatically unless a direct request is made to our Billing team via the OnGrid Lab not to do so, at least 48hours prior to the payment due date. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point another payment method must be provided within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, can be suspended.
Invoices not paid before or on the due date for each service may incur a late fee of 5% of the total amount due or left unpaid on the invoice
Service Suspension and Termination
Invoices are issued 14 days prior to the applicable due date for each active service.
After the due date is passed without a payment being received and an invoice marked as PAID, a first warning e-mail will be sent.
Failure to pay within 24hours will result in a second and final suspension warning e-mail.
On midnight (IST) of the 3rd day after the due date, services may be suspended at any time, and any payment MUST be communicated to a support agent to avoid suspension. If suspension occurs, a suspension notification is sent via e-mail, at which point full service termination may happen within 48hours of the suspension e-mail.
OnGrid does not guarantee that your service may be recuperated after termination and may not be held liable for loss of data, licensing rights, promotional prices or conditions, as well as any attached devices or secondary IP addresses following service termination.
Service Fees
Certain services carry a setup fee charged by OnGrid to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to OnGrid and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Fraud and payment verification
Upon receiving a new customer’s first paid order, OnGrid reserves the right to issue an Order Verification e-mail, requesting further information in order to validate your account. Until all required information is provided and deemed satisfactory by our fraud verification team, no services or support can be provided. The 3 business day delivery guarantee starts after the verification step is passed. Verification is not necessary for all orders, and can only requested on your very first paid order.
Money back guarantee & refund policy
We offer a 30 day Money back policy for undelivered services. This does not apply to purchases made with a discount of 15% or more. These purchases are final, and non refundable. No money back will be provided on Dedicated Servers.
Refunds: If client has retained the services for longer than one month and has pre-paid OnGrid for such services, refunds will not be issued for any unused portion of the lease, as your purchase benefits from a long-term rebate. Therefore, if a client’s account is cancelled at any point during a 3-month, 6-month or one-year term, the client will not be entitled to a refund for the months remaining. No refund provided on Dedicated servers. Also refunds will be provided after deducting the actual cost of free services included with the yearly term (including domain cost, SSL cost, Premium DNS cost and any other premium services included for free in the plan).
Trial periods
We do not offer trial periods of any kind for dedicated services. Abusing our 30 day refund policy in order to test our services then get a refund is not acceptable, and no refunds will be made without proper justification, or failure on OnGrid’s behalf to provide the services purchased.
NB: Adherence to the Priority or VIP support plans is not refundable under any circumstance. We also will not refund services mistakenly purchased in the wrong location; this includes services purchased in a geo-located city as this information is made clearly available for all such cities.
General Refund guidelines
We will not refund or credit under the following circumstances:
• Geo-location or mistake in location
• Failing to ask a question on the nature of our services, or a particular spec or configuration.
• Account termination or suspension due to non-following of our Terms of Service.
• Account termination or suspension due to any kind of illegal activity.
• Changing your mind!
We reserve the final decision on refunds, based on the situation and reason for cancellation. The general rule is, if there is an issue on your service, our staff will dedicate themselves to fixing it. Any delays that prevent you from using your service will be credited, and issues that we are simply unable to solve will be refunded. It is important to note that refund requests based on information that was included in the terms of service or clearly available on our website will always be refused. The best example of this is if you have purchased a service that is geo-located and needed a service that is physically available. Please issue a request to our support staff before making such a purchase, if you are unsure.
About Datacenter locations
While most of our announced locations are where the datacenters are, OnGrid reserves the right to setup a service in a location nearby (in the same country), generally just outside of the city boundaries. You may obtain the exact datacenter location upfront by contacting our support team.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of ₹1199.00 prior to reactivation.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require a 15 days notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
OnGrid shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from OnGrid ‘ services going off-line or being unavailable for any reason whatsoever. Furthermore, OnGrid shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of OnGrid ‘ services. All damages shall be limited to the immediate termination of service.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. OnGrid has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
General Terms
Our Legal Terms shall be treated as though it were executed and performed in India and shall be governed by and construed in accordance with the laws of Republic of India without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of OnGrid under our Legal Terms shall survive the termination of our Legal Terms.