Terms of Service
This Web Hosting Agreement is between Softxaa and the person/persons who use our web hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Softxaa, 215 G.B Road, Kolkata: 700028.
Softxaa provides Softxaa owned Host Panel/cPanel/Plesk/Cyberpanel enable managed next-gen cloud hosting, RDP, email services, reseller Cloud hosting, VPS hosting, Dedicated servers, Kubernetes. All customers should agree to all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on Softxaa. You shall agree to use only licensed and legal third-party software in connection with your use of our services. Softxaa reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when Softxaa decides that the account has been inappropriately used or otherwise.
Softxaa reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any applicable law or regulation is prohibited.
- The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.
- Topsites, Ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk SMS gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.
- Website content that promotes or advocates human trafficking in any way shape or form as determined by Softxaa’s sole discretion, sites that promote prostitution, or escort services.
- Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.
- Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Softxaa.
- Embedding or uploading audio/video/high-resolution images on a website or linking to other websites that promotes audio/video/high-resolution images.
- Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
- Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, and encrypting of any of the above. It also includes any sites which provide “links to” or “how-to” information about such material.
- Games – We strictly do not allow to host any kind of games on our One Champ Shared Business servers. Your hosting account would be immediately terminated if we found any gaming-related stuff in your hosting account. For Game related stuff, we advise you to purchase Mine Craft server.
- IRC Hosts – Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or Virtual hosting accounts found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.
- Softxaa reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.
- Refer General Acceptable Fair Use Policy for complete details on prohibited content and activities.
- In compliance with DMCA act, Softxaa has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to email@example.com.
Abuse Of Resources:
Any attempts to compromise or actual compromise of a network device belonging to Softxaa or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners, and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
- Denial of Service (DOS) attacks directed at Softxaa, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
- Hosting any software, source code, or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploits source code, hacking tutorials, hacking tools, viruses and Trojans, bomb-making, and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
- The hosting of material that infringes on any copyright, trademark, and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones, or anything else considered “Warez”. Any authentic complaint received will be investigated and may result in termination of service.
- The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress or violating trademarks, copyrights, or other intellectual property rights.
- Any attempts to undermine or cause harm to any of our servers are strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% uptime, we cannot fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
- If any client is in any way disrespectful towards any member of the Softxaa staff, we have full right to remove them from our services without any refund.
- Softxaa will not be responsible if the user’s website faces any trouble like hack/virus/data corruption and data loss due to using crack/nulled/GPL etc, unauthorized file sources.
- If our security system detects your CPU/RAM usage going higher than what we allocated with your plans, then our system will automatically suspend your Cpanel/Control Panel without any notice. Meanwhile, Softxaa will not be responsible for any loss.
- Copyright claims are covered by the Digital Millennium Copyright Act (“DMCA”), whereby a copyright holder may issue a formal complaint known as a DMCA Takedown Notice.
- DMCA Takedown Notice. If we receive a DMCA notice from a copyright holder regarding hosted content, we will suspend your account without any notice.
- You can counter the DMCA takedown notice if you have a legal document. just create a ticket against DMCA notice with legal documents.
Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.
Upon notification of an alleged violation, we will initiate a full-scale investigation during which, we may restrict customers’ access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Furthermore, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $2500.00 will be charged to your account. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $5000. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.
We have a zero-tolerance policy for the use of our service for posting messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
We also prohibit hosting of publicly-accessible “open relay” SMTP or anonymous remailer service for any purpose, cause, or reason whatsoever.
If the customer’s account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed the limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, whichever is earlier. The account would be reactivated in the following month.
If the customer fails to complete the account & address verification process then no refund would be provided to such customers under any circumstances.
Lost Registered Email:
If the user has lost their registered email, the user has to share any government ID with a transaction ID from the bank/wallet they used while taking our services.
Two Factor Authentication:
If the user lost Authentication and wants to disable Two-Factor Authentication, then the user has to share any government ID with a transaction ID from the bank/wallet that they used while taking our services.
We generally recommend our control panel (paid) or you can use any third-party control panel to manage our Cloud VPS / VDS server. All customers who have a plain VPS/VDS plan would have to configure the DNS, user accounts, mail accounts, and other such activities pertaining to the configuration of such VPS/VDS themselves. The support team will not be responsible for this. With windows VPS/VDS, we provide an evaluation version that can be re-activated after every 6 months.
For VPS cancellation, raise cancellation ticket before expiring plan. Otherwise, you need to pay complete recurring invoice amount.
Unsolicited Commercial Email (UCE):
Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
Spamming, sending unsolicited emails from our servers, or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Softxaa would be the sole arbiter as to what constitutes a violation of this provision.
In order to ensure that our shared servers, cloud & VPS nodes as well as dedicated server hardware node give us the optimum performance we have set limits on the number of outgoing mails which can be sent per day. Accordingly, shared & reseller customers would be allowed to send 300 outgoing emails per day, our VPS customers would be able to send 1000 outgoing mails every day and the Cloud hosting customers may send 300 outbound mails per day. Customers having dedicated servers may send one email every second i.e. 3600 mails per hour.
We take the enforcement of anti-spam laws very seriously. Spam can lead to negative impacts for all our users so Softxaa has strict policies against spamming and bulk email. Users who send egregious amounts of Spam via email, newsgroups, etc., are not allowed on our servers. If we receive complaints of spamming and bulk email coming from a particular account or harming our servers, we will remove/suspend your account from our network without any notice.
We do not guarantee Inbox email delivery with any of our hosting plans.
Your use of the Services is at your sole risk. You agree to back up all of your User Content so that you can access and use it when needed. Softxaa does not warrant that it backs up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
You as a Softxaa User agree that in no case, Softxaa can be held responsible for the loss of data under any circumstances.
Clients who have subscribed our simple cloud hosting & Apps Cloud Hosting. For such clients, we take weekly backup of the database with a retention period of 7 days. Any backup copy maintained by Softxaa will not have any emails or media files included in it.
Clients who subscribed our paid backup plan. For such clients, we take daily backup of the database & file with a retention period of 30 days.
If Clients using our host panel Backup Manager tool for backups, We request you to please download the backup from the server save it on your local PC. Every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups..
All data will be deleted within 30 days if the customer does not pay his hosting bill on time. Softxaa will not be responsible for any data loss.
If the customer hosting plan is terminated and the customer wants to restore his Host Panel, then the customer has to pay all due invoices with restoration charge. If old data is available on our backup server, the restoration charge will calculate according to your plan, month, disk space, etc.
Any service interruptions or downtime due to scheduled maintenance by Softxaa or our network providers will not count towards the uptime guarantee. Softxaa is not liable in any way for the failure of third-party services.
Softxaa will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for the provision of the Services.
You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.
Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools.
You may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. Softxaa will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Billing / Refund Policy:
If paying via Credit card, Debit card, Net banking, UPI, or PayPal the account will be set up immediately once the payment is confirmed. If paying by a cheque, please allow 5 days for the cheque to clear. If paying via postal orders or cash your account will be set up on the same day.
- The 30 days money-back guarantee is only applicable for first-time signups. Second-time and subsequent sign-ups are not eligible for the same. For instance, if you’ve had an account with us before, canceled, and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
- Refund is not applicable on domain registration/transfer/renewal, Website design services, VPS & Dedicated Server cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Cloud VPS & VDS, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS, SQL, G Suite, Office 365 and any other paid licenses.
- The modifications done in the pricing pattern or policy by the software license company will take effect immediately on Softxaa clients.
- The 30 days money-back guarantee is provided only on Simple Cloud & WordPress Cloud hosting with 12 months or greater plan.
- No refund will be made if your Service(s) are suspended or terminated for cause.
- No refund will be made if you’re already use our 30-day free trial or if you’re our existing customer.
- There is a limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it won’t be possible to upgrade the kernel or change the BIOS settings. Kernel upgrade is possible on KVM Cloud instances but you cannot change the BIOS settings. You won’t be eligible for a refund in such cases.
- The refund will not cover any kind of taxes, setup fees, refund processing fees, postal charges, or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 7 days period or beyond the coverage of our refund policy as noted here.
- The free domain is offered with Advance, Plus, and Premium plans of Simple Cloud or WordPress Cloud hosting. We offer free .co.in or .in domain is offered with the purchase of every new Plus, or Premium plan for 1/2/3 years. The domain name will be free for the first year and renewal charges will be applicable from the second year.
- You must add the domain name to your cart with the hosting plan. You cannot claim the free domain later.
- If the web hosting service includes a free domain name, and you cancel the web hosting service, the domain charges (standard rate as per Softxaa website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with Softxaa if you fail to pay the difference amount.
- Transfer fees would be applicable if you wish to transfer the free domain name to some other provider. Without transfer fees, the domain will not be released.
- The payments made through bank transfer, cheque, money order, cash deposit, and DD are non-refundable. A refund will be added as credit to the hosting account.
- The refund request placed after 30 days will not be processed and you will not be eligible for any refund.
- The cancellation request should be sent through the client area.
- After sending the cancellation request, it would take 4 – 5 working days to complete the refund process.
- Domain Registrations: No refund is applicable once the domain is registered.
- Domain infringement: You cannot register a domain name similar to a trademarked domain/a domain similar to a brand and is engaged in a business providing similar goods or services. Any person trying to register such a domain name will be held liable for infringement of the Trademark. Example: Flipkart sale.[TLDs], bajajfinancecs.[TLDs], adtyabrlafnanc.[TLDs]
- Domain Renewal: We will send you reminders to renew your domain one month before the expiry. We are not responsible for failure or delay in the renewal of a domain. Once a domain is renewed, no refunds will be given.
- If customers do not pay their bills on time, they have to pay an additional (20%) amount as a late fee.
- Unpaid invoices may result in your web hosting account suspension or termination. Your suspended account will only be restored after clearing the outstanding invoice, after which you will be able to access your data.
- If your account gets terminated, the data residing on it won’t be restored and will be treated as a new account. If you fail to renew your subscription on time, you will be charged on your invoice.
- We will not activate new orders or activate new packages for customers who have an outstanding balance on their accounts.
We provide 24/7 technical support via live chat, email or tickets submitted from your client area. Depending on the issue, we may not always be able to provide assistance via live chat but we’ll always be able to help via a ticket opened by us on your behalf.
Technical assistance is provided on a best effort basis. You understand that we may have full access to your data and agree that any modification we make while we investigate the reported issue may affect the functionality of your services. It is your responsibility to have a full backup of your data before submitting a technical support request.
We may refuse to provide technical support if you violate the terms of service, refuse to implement changes requested by Softxaa, request changes that would result in security concerns, make changes while we are actively working on your request or you are abusive towards our employees.
The technical support assistance is free and covers all issues related to our hosting services and hosting platform except the following:
- Coding and website development issues or any customizations that require changes to your website.
- Installation or/and configuration of 3rd party scripts, modules, plugins or themes.
- Website security and speed optimization audits and issues related to cleaning-up malicious code.
- Installation of additional server software except PHP extensions, Perl modules and other software that we may approve on a case by case basis.
If your technical support request is outside the scope of the free technical support, we may approve providing assistance at our own discretion and additional fees. We will not charge you for technical support services without your prior written approval.
This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between, Softxaa. and its subsidiaries, affiliates, predecessors, successors and assigns (“Provider”) and you, regarding your application to and participation in, the Provider Affiliate Program (the “Affiliate Program”) as an Affiliate of Provider, and the establishment of links from your website to Provider’s Website. The terms of this Agreement are subject to change by Provider without prior notice, but we will try to notify you of such changes in advance.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE APPLICABLE PROVIDER TERMS AND CONDITIONS.
- Affiliate: The business, individual, or entity applying to or participating in the Affiliate Program, or that displays Provider services and/or promotions on the Affiliate Site, or other means, using an affiliate tracking code in exchange for receiving a commission from Provider for sales directly resulting from such display.
- Affiliate Dashboard: The Affiliate Dashboard is used by Affiliates to track commissions, view reports, and update contact information and payment preferences.
- Affiliate Platform: An internal or third-party platform, including without limitation, Softxaa used by Provider to track Affiliate performance, including specific referrals and commissions earned through the Affiliate Program.
- Affiliate Site: The Affiliate’s website which displays Softxaa’s Products and Services and/or promotions.
- Provider Services: The services that are available for purchase from Provider.
- Commission Fees: The amount you will be paid for each Qualified Purchase by a Referred Customer subject to any applicable Commission Threshold and pursuant to the terms of this Agreement.
- Commission Threshold: The amount of Commission Fees as determined by Provider in its sole discretion an Affiliate must accrue prior to receiving a payment from Provider.
- Qualified Purchase: A sale of Softxaa Products and Services with a term of twelve (12) months or longer for simple cloud/application cloud hosting; one (1) month or longer for servers, will be considered a qualified purchase.
- Referred Customer: Each new and unique customer referred from Affiliate through a Link (as defined in the Agreement) that provides valid account and billing information.
2. Applying for our Program:
- To begin the enrollment process, you must submit a completed Affiliate Program signup form.
- We will evaluate your application and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your website or promotional method is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is unlawful or otherwise violates Provider’s Acceptable Use Policy, as determined in our sole discretion.
- If we reject your application, for any reason, you may not re-apply to the Affiliate Program utilizing the same domain name/URL or reapply using a different domain/URL name and then add the previously rejected domain name/URL to your Affiliate Dashboard. Provider, in its sole discretion, reserves the right to reject or remove any prospective affiliate from the Affiliate Program at any time, with or without notice.
3. Promotion of Our Affiliate Relationship:
- Use of Links: If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual links available to you (each referred to herein as a “Link” or collectively, as the “Links”). The Links will serve to identify your Affiliate Site as a member of the Affiliate Program and will establish a link from your Affiliate Site or email to Softxaa’s website. Unless expressly permitted by Softxaa, the Links are to be used on your website and you shall not distribute the Links to third parties to be posted on websites that you do not own. You agree to cooperate fully with us to establish, display and maintain such Links. You further agree that your use of the Links must be in compliance with this Affiliate Agreement at all times. Softxaa may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote Softxaa that are not approved in advance by Softxaa. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge (e.g. iframe).
- Search Engine Marketing : Unless otherwise approved by Provider in writing, Affiliates shall not to run SEM campaigns for Provider products and services on Google.
- Keyword Noncompete: For so long as you are an Affiliate, you may not purchase, either directly or indirectly, or bid, either directly or indirectly, on any Keywords owned or offered through an internet search engine (including Google, Yahoo, or Bing) that
compete with Provider’s name, trademarks, or product names. In addition, you will not, directly or indirectly, engage in any activities that could result in confusion among consumers as to the source of an ad (including the overuse of an authorized trademark, trademark cyber-stuffing or other similar activities). “Keywords” shall mean a word used in a search request by an internet search engine user which, when used in such internet search engine, causes a particular sponsor’s ad to appear next to the search results.
- Prohibited Activities: Except as permitted herein, you shall not and are not authorized to (i) use Provider’s trademark or other intellectual property, including without limitation, the Links (collectively, “Provider’s IP”) without Provider’s express prior written permission; (ii) use Provider’s name (or any variation or misspelling thereof or other terms that are confusingly similar to any of the foregoing) in a domain name, any metatags, advertising, search terms, code, or otherwise; or (iii) act in any way that causes or could cause any confusion concerning the source of, or your association with Provider’s Services. Your use of Provider’s IP in any manner, other than as expressly permitted hereunder shall constitute unlawful infringement of Provider’s intellectual property rights and may subject you to liability (including potential treble damages for knowing or willful infringement), and the obligation to pay Provider’s legal fees and costs in connection with Provider’s enforcement of its rights.
- Discounts and Coupons: You are not allowed to post any refunds, credits or discounts on Provider Services, or other content concerning Provider without our prior written consent in each instance. Affiliates may only use active coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of the Affiliate Site to the pertinent area of the Provider Website will in no way alter the look, feel, or functionality of the Provider Website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement and may result in your termination from the Affiliate Program or the withholding of Commission Fees.
It is the intent of Provider to treat all customers fairly. Accordingly, we require all Affiliates to comply with applicable laws, regulations and guidelines, including without limitation, those concerning advertising and marketing which further includes as applicable the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of Provider’s Services must clearly and conspicuously disclose the fact that you receive compensation for Referred Customers. In addition, disclosures must (i) be made as close as possible to the claims, (ii) be made on each page of the Affiliate Site containing a Link or referencing Provider, and (iii) be immediately evident and not require scrolling, clicking or any other user action to learn you receive compensation. You can read more about how the FTC guidelines apply to you here. FTC guidelines are subject to change over time and it is your responsibility to review and comply with current guidelines as they may change over time. You are advised to seek and obtain your own legal advice on how these rules apply to the Affiliate Site or other promotional activities for which you receive compensation.
Provider reserves the right to withhold Commission Fees and cancel your participation in the Affiliate Program should we determine, in our sole discretion, that you are not in compliance with applicable laws, regulations and guidelines.
5. Commission Determination; Qualified Purchases:
- Commission Fees will be calculated based on the commission rates stated on the Affiliate Dashboard for each Qualified Purchase (as defined herein) subject to commission accruing pursuant to the Agreement. A “Qualified Purchase” does NOT include any of the following:
A purchase by a Referred Customer that has transferred from any Provider partner or entity that owns, is owned by, or is under common ownership with Provider.
A purchase by a Referred Customer who is also associated with any Provider reseller, referral, or other program.
A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other program.
A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through a Link.
A purchase by a Referred Customer that has not been in good standing for a period of at least fort-five (45) days or is in violation of Provider’s Terms of Service or other applicable policies at the time the Commission Fees accrue.
A purchase that Provider suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement.
A purchase referred by an Affiliate that has an excessive cancellation rate as determined in Softxaa’s sole discretion.
A purchase by a Referred Customer who was offered or received coupons, refunds, credits or discounts from the Affiliate not authorised by Softxaa.
A purchase by a Referred Customer who is in or is promoting a business-opportunity program (as determined by us in our sole discretion), using marketing practices that we deem to be unethical or likely to attract fraudulent signups and/or signups with a very low likelihood of renewal.
A purchase referred by an Affiliate that has an excessive cancellation rate as determined in Provider’s sole discretion.
A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.
A purchase by a Referred Customer if the Affiliate or Referred Customer is in or is promoting a business-opportunity program, as determined in Provider’s sole discretion.
A purchase by a Referred Customer who received a popup with a discounted offer, while leaving Provider’s Website during their purchase.
A purchase by a Referred Customer who, prior to such purchase, clicked through a Link established by another affiliate under this Affiliate Program.
A purchase by a Referred Customer more than ninety (60) days after clicking through the Link.
Provider reserves the right to withhold payment of Commission Fees to Affiliates who are new to the Affiliate Program, or who have referrals that are potentially the result of fraud as determined by Provider in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
Provider reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement or the Provider Terms and Conditions by the Affiliate or a Referred Customer. Provider reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, or cancelled purchases. If no subsequent Commission Fees are due and owing, Provider may send Affiliate a bill for the balance of such refunded purchase upon termination of Affiliate’s participation in the Affiliate Program or termination of the Referred Customer.
Provider reserves the right to immediately cancel or withhold for later review any Commission Fees that fail to meet the criteria of a “Qualified Purchase.” Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees. Provider is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission Fee that has been cancelled or withheld, Affiliate has thirty (30) days from the day the payment would have been due to contact Provider to request that the Commission Fee be paid. Any changes to decisions about cancelled or withheld Commission Fees are strictly made in Provider’s sole discretion.
Commissions for any Referred Customer who is associated with any Provider reseller, referral or other program may not be considered a Qualified Purchase, as determined by Provider in its sole discretion. In other words, you may not receive double commissions or compensation.
In the event that the Referred Customers that are referred to Provider by an Affiliate are determined to have an excessive cancellation rate, as determined by Provider in its sole discretion, Provider reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.
Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud Provider or any violation of the terms of this Agreement constitutes immediate grounds for Provider to terminate the Affiliate’s participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
If Referred Customer participates our 30-day free trial, but don’t renew their services. In such case affiliaters don’t get any commission.
6. Commission Payments:
Subject to the terms of this Agreement and the terms of any applicable Affiliate Platform, Commission Fees will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Dashboard for each Qualified Purchase that accrues during the period for which such Commission Fees are being calculated.
Commission Fees will be processed approximately forty-five (45) days after the last day of the month in which they accrue, unless you use an Affiliate Platform in which case they will be processed in accordance with your agreement with the applicable Affiliate Platform.
Provider will only compensate you for Qualified Purchases made in accordance with the terms of this Agreement.
Commission Fees shall be paid based on the current information in your Affiliate Dashboard. You are required to notify the Affiliate Platform promptly of any change in your address by updating your profile information in the Affiliate Dashboard. You are responsible for informing the Affiliate Platform of your desired payment form/type. You can update or change your desired payment method at any time by updating your affiliate profile located in the Affiliate Dashboard.
Depending on your Affiliate Platform, you may be subject to a minimum or maximum payment amount. All such minimum and maximum payment amounts are governed by your agreement with the Affiliate Platform.
You may view the currently available payment methods by logging into your Affiliate Dashboard for the applicable Affiliate Platform. If the Affiliate Platform offers PayPal as a payment method, please refer to PayPal’s policy to ensure you are eligible to receive payment if you reside outside of the United States.
We offer up to $50 upfront & 30% recurring affiliate commission. You can earn minimum $15 upfront commission guaranteed.
We publish sponsored content by collaborating with social media influencers from time to time. As an influencer, you need to make at least 3 qualified sales within first 30 days to receive every $100 in sponsorship fees. If you are unable to sell, your sponsorship fee will be determined at the discretion of our marketing team. We release the payment after 30 days to publish sponsored content.
Sponsorship fees offered in the proposal email may be denied by softxaa at its sole discretion. (If you’re unable to make the required amount of sale).
If you sell more than the required amount within 30 days of publishing the sponsored content. In that case you will only get 30% recurring commission annually on the additional sale. But not from the first year.
You will not receive any affiliate commission in the first year on the amount of sales required to receive the sponsorship fee.
Provider and the Affiliate Platform, in its sole discretion, reserves the right to modify the available payment methods or payment schedule at any time. Such changes shall take effect when posted.
Disputes: Affiliate agrees to file any disputes within forty-five (45) days of the date on which a disputed sale or event occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by Provider and Affiliate forfeits forever any rights to a potential claim.
Commission Fees will accrue and only become payable once you (i) provide all relevant tax and address documentation pursuant to this Section, and (ii) reach the Commission Threshold based on the commission rates stated in the Affiliate Dashboard, solely as applied to Qualified Purchases which occurred within ninety (90) days of the end of the calendar month in which the first of such Qualified Purchases occurred. Provider reserves the right to change the Commission Threshold and will notify you as may be required pursuant to the terms of this Agreement.
Any address change must be made in the Affiliate profile in the Affiliate Dashboard at least fifteen (15) business days prior to the end of the calendar month in order for Commission Fees for that month to be processed.
Provider is not responsible for paying any third-party fees, including any fees charged by PayPal or banks, in order for you to receive Commission Fees.
Provider, in its sole discretion, may offer you the ability to receive Commission Fees through PayPal Payouts, standard PayPal, wire or ACH transfer. As it relates to PayPal Payouts mass pay option only, and notwithstanding any other provision of this Agreement to the contrary, if you utilize PayPal Payouts mass pay option then Provider will pay any transaction fees charged by PayPal.
7. Data Security:
Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist Provider in complying with any data subject rights request under the GDPR that Provider may receive from any individuals referred to Provider by Affiliate. Affiliate further agrees to promptly assist Provider in complying with any duties to cooperate with supervisory authorities under the GDPR.
8. Order Processing:
Provider will process orders placed by Referred Customers who follow the Links from an Affiliate Site to Provider. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including Provider’s services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through our website and/or the applicable Affiliate Platform. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between the Affiliate Site and the Provider Website are properly formatted.
9. Obligations Regarding Your Affiliate Site:
You are solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear on your Affiliate Site. Such responsibilities include, but are not limited to, the technical operation of your Affiliate Site and all related equipment; creating and posting product reviews, descriptions, and references on your Affiliate Site and linking those descriptions to the Provider Website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to Provider Services); ensuring that materials posted on your Affiliate Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters.
We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time to determine if you are in compliance with the terms of this Agreement. Affiliate shall reasonably cooperate with any Provider audit of the Affiliate Site, including but not limited to the provision of documentation or information reasonably requested by Provider. If you are not in compliance, we may terminate your participation in the Affiliate Program effective immediately.
10. Provider Responsibilities:
We will provide all information necessary for you to make Links from your Affiliate Site to Provider Website. Provider will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for Provider Services placed by a Referred Customer, for tracking the volume and number of Qualified Purchases generated by your Affiliate Site, for providing information to Affiliates regarding Qualified Purchase statistics, and for providing Referred Customers with the services purchased.
11. Policies and Pricing:
Referred Customers who buy Provider Services through our affiliate network are deemed to be Provider’s customers. Provider’s Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. For example, Provider determines the prices to be charged for Provider Services sold through the affiliate network in accordance with our own pricing policies. Prices and availability of Provider Services may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information on Provider Website, but we cannot guarantee the availability or price of any particular Provider Service.
12. Emails and Publicity:
You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages without Provider’s prior written consent, to be granted or denied in Provider’s sole discretion, in each instance. Additionally, you may only send emails containing a Link and or a message regarding Provider or the Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Agreement by you and will result in the forfeiture by you of any and all rights you may have to any Commission Fees and the termination of your participation in the Affiliate Program. Further, if your Affiliate account has excessive clicks in a very short period of time as determined by Provider in its sole discretion, the Affiliate relationship may be terminated.
13. IP Licenses and Use:
Subject to the limitations set forth in this Agreement, we grant you a non-exclusive, non-transferable, non-assignable, revocable license to (i) provide access to the Provider Website through the Links solely in accordance with the terms of this Agreement; and (ii) use Provider’s IP for the sole purpose of promoting Provider’s Services on your Affiliate Site. You may not alter, modify, or change Provider’s IP in any way or use Provider’s IP in any manner that is disparaging or that otherwise portrays Provider, any Provider employee, representative or customer in a negative light. You are only entitled to use Provider’s IP in compliance with the terms of this Agreement. Your license to use Provider’s IP shall immediately terminate upon the termination of your participation in the Affiliate Program for any reason. We reserve all of our rights in Provider’s IP and your license to use Provider’s IP is limited to the manner described herein. Provider may review the Affiliate Site to ensure compliance with this Agreement at any time.
You grant to us a non-exclusive, worldwide license to utilize your name, title, trademarks, and logos (the “Affiliate Trademarks”) in any advertisement or other materials used to promote Provider and the Affiliate Program. For the avoidance of doubt, Provider may, but is not obligated to use the Affiliate Trademarks at is sole discretion. This license shall terminate upon the termination of your participation in the Affiliate Program.
14. Term and Termination:
The terms of this Agreement are effective upon your submission of an application to the Affiliate Program and shall remain in effect until either party terminates your participation in the Affiliate Program (the “Term”). Your participation in the Affiliate Program may be terminated at any time by either party, with or without notice or cause.
- You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term. Commission Fees earned prior to the date of termination will be eligible for Commission Fees only if the orders for the related Provider Services are not cancelled within (30) days and comply with all the terms of this Agreement. We may withhold your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by the Provider in its sole discretion.
Any Affiliate who violates this Agreement, Provider’s Terms of Service, or any applicable law or regulation will immediately forfeit any right to any and all accrued, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.
Provider reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time for any reason, in Provider’s sole discretion.
We may modify this Agreement at any time in our sole discretion, and any modifications shall take effect when posted on our website. Your continued participation in the Affiliate Program following the posting of any modification on our website will constitute your binding acceptance of the modified terms. Modifications may include, but are not limited to, changes in the scope of Provider Services eligible for Commission Fees, Commission Fee amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement, in which event you shall be entitled to your rights under the unmodified Agreement in effect prior to the date of the applicable modification.
We make no express or implied warranties or representations with respect to the Affiliate or any Provider Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our websites will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.
17. Relationship of Parties:
You and Provider are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Affiliate Site or otherwise, that contradicts anything in this Section.
18. Representation and Warranties:
You hereby represent and warrant to us as follows:
You have reviewed and understand this Agreement and agree to be bound by its terms.
Your acceptance of this Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to Provider the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third person or entity.
You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Agreement.
There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
During the Term, you will not include in your Affiliate Site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or in violation of our Terms of Service.
You are at least eighteen (18) years of age.
Each Referred Customer is valid, genuine, and unique and meets the criteria of a Qualified Purchase for generating a Commission Fee as provided in this Agreement.
19. Limitation of Liability:
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
You hereby agree to indemnify and hold harmless Provider and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your Affiliate Site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.
Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Provider customer and vendor lists, or pricing and sales information (including without limitation commission rates), shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party not under any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) pursuant to a valid subpoena or order issued by a court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder. In the event of such disclosure, the receiving party shall give the disclosing party prior notice before releasing any information unless giving such notice is prohibited.
22. Independent Investigation:
You understand that we may at any time (directly or indirectly) solicit Provider relationships on terms that may differ from those contained in this Agreement. We may also solicit relationships with entities that operate websites that are similar to or compete with your Affiliate Site. You have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
- Governing Law: The laws of the INDIA will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Duval County, Florida and you irrevocably consent to the jurisdiction of such court.
- Binding Arbitration: By participating in this Affiliate Program, you agree to binding arbitration for any disputes or claims that arise against Provider or its subsidiaries in conjunction with this Affiliate Program. An arbitration firm selected by Provider will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this Affiliate Program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.
- Assignment: You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Provider may assign its rights and obligations under this Agreement.
- Waiver: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
- Force Majeure: Provider is not liable for any default or delay in the performance of any of its obligations under this Agreement caused, directly or indirectly, by forces beyond Provider’s reasonable control, including without limitation, earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, pandemics or epidemics, lockout or boycott.
Softxaa helps customers migrate their websites quickly, effortlessly and easily without downtime. We require login details to the old server in order to perform the migration.
Softxaa performs free migrations in the following circumstances.
- Migrating websites from another provider no matter what platform the client is using on the source server.
- Migrating websites between servers we manage due to upgrades e.g. from shared/reseller to a VPS.
Migrations are not free in the following circumstances.
- Migrations between servers managed by Softxaa which doesn’t involve an upgrade e.g. the client pays the same or less after the migration.
- Custom migrations from cPanel servers e.g. moving addon domains as separate accounts, partial migrations and any other migration requests which require manual work different from generating a full cPanel backup on the source server and restoring it on the server with us.
Customer agrees that they will protect, indemnify, save and hold Softxaa harmless from any and all stipulations, liabilities, losses, expenses, and claims, as well as reasonable attorney’s fees assessed against Softxaa, its agents, customers, officers, employees, and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees or assigns.
Customer agrees to defend, indemnify and hold Softxaa harmless against liabilities arising out of –
Any injury to person or property caused by any products sold or distributed in association with Softxaa’s Services;
The loss of any electronic files furnished by the customer (Or customer’s customer);
Copyright violation and any defective products sold to a customer from Softxaa’s Services.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion. Softxaa reserves the right to modify/change the terms of service at all times. All customers would be bound by the newest terms published on the website.
Last Edited: 15th November 2022