Legal Framework

Terms of Service

Connect Quest HyperCloud Hosting & connectquest.co.in
Commercial Infrastructure Access & Usage Framework

Effective Immediately Upon Use Governing Law: India Seat of Arbitration: Guwahati, Assam

This Agreement governs commercial infrastructure access and is not a consumer service. All services provided by connectquest.co.in, Connect Quest HyperCloud Hosting, and Connect Quest (collectively, the "Company") are technical, backend resources offered exclusively to users with the technical competence, legal capacity, and commercial intent to operate and take responsibility for that infrastructure. Accessing or using any service means you accept that no fiduciary, advisory, custodial, or consumer relationship is created.

§ 1

DEFINITIONS, INTERPRETATION & SCOPE OF APPLICATION

"Connect Quest", "connectquest.co.in", and "Connect Quest HyperCloud Hosting" refer — as broadly as the law permits — to all current and future legal entities, trade names, affiliates, successors, assigns, directors, employees, agents, contractors, infrastructure assets, IP address allocations, autonomous system numbers, physical and virtual servers, software platforms, APIs, automation systems, upstream providers, data center operators, licensors, and third-party dependencies used in delivering services.

"User", "Client", or "Customer" means any person or entity that accesses, provisions, controls, administers, benefits from, or routes traffic through the Company's infrastructure — whether by direct purchase, reseller arrangement, delegated access, automation, API, or any other means. Anyone acting on a User's behalf or for a User's benefit is also a User under this Agreement.

This Agreement applies globally and continuously, regardless of where the User is located or incorporated. It governs all use of the Company's infrastructure until a separately executed written agreement says otherwise. Headings are for navigation only. Ambiguities are resolved in favor of the risk allocation the Agreement is designed to achieve.

§ 2

ELIGIBILITY, AUTHORITY & IRREVOCABLE REPRESENTATIONS

By using the services, the User warrants that they have the legal capacity, technical competence, and financial capability to access and manage infrastructure-level services, and that doing so is lawful under all applicable law, sanctions, and export controls. Where the User acts for an entity, the User warrants they are authorized to bind that entity and assume all obligations on its behalf.

The User agrees that no reliance has been placed on any statement, representation, marketing material, or communication not set out in this Agreement. The Company has not provided legal, regulatory, compliance, security, or business advice. The User has independently assessed the suitability and legal risks of using the services.

Any misrepresentation or concealment in these warranties is a material breach. The Company may void the Agreement at its discretion and pursue immediate suspension, termination, fee forfeiture, and legal action.
Consumer Protection Note: Where services are purchased for personal, household, or domestic purposes, applicable provisions of the Consumer Protection Act, 2019 apply to the extent mandatorily required by law and cannot be excluded by this Agreement. This clause exists solely to ensure statutory compliance with those mandatory requirements.
§ 3

ABSOLUTE DISCRETION TO REFUSE, SUSPEND OR TERMINATE SERVICES

The Company may refuse service, suspend accounts, disable infrastructure, withhold provisioning, reroute or block traffic, preserve or destroy data, or take any other action it considers necessary for operational, security, compliance, or risk-management reasons — to the maximum extent permitted by applicable law. Such discretion will be exercised in good faith, not arbitrarily. Where operationally feasible and where advance notice would not compromise security or legal compliance, the Company will endeavour to notify the User before suspension or termination. Where emergency action is required without advance notice, the Company will endeavour to notify the User afterward within a commercially reasonable time, unless law or regulatory requirement prohibits it.

The User has no right or expectation of continued service, availability, or capacity. Actions may be taken based on internal risk assessments, compliance obligations, security concerns, commercial decisions, or reputational risk. No such action creates a claim for damages, refund, credit, specific performance, or injunctive relief.
§ 4

NETWORK TRANSMISSION, MONITORING & TECHNICAL RISK ACKNOWLEDGMENT

The User accepts that network and cloud infrastructure services carry inherent technical risks including latency, packet loss, routing changes, filtering, throttling, logging, congestion, degradation, or unavailability. Data may traverse multiple jurisdictions and networks outside the Company's control.

The Company makes no warranty about the confidentiality, integrity, availability, or performance of network traffic. The User is solely responsible for securing applications, data, encryption, access controls, and backups, and waives any claim arising from technical behavior or security incidents inherent to distributed infrastructure.

§ 5

THIRD-PARTY DEPENDENCIES & COMPLETE DISCLAIMER OF LIABILITY

The services depend on third-party software, hardware, upstream connectivity providers, data centers, certificate authorities, licensors, and payment gateways not owned or controlled by the Company. All such components are provided on an "AS IS", "AS AVAILABLE", "WITH ALL FAULTS" basis.

The Company does not control or guarantee the availability, security, or performance of any third party, and is not liable for outages, disruptions, data loss, or damages from third-party actions. The User waives all claims against the Company arising from third-party dependencies, including those required for service delivery.

§ 6

USER CONTENT, COMMUNICATIONS & RIGHTS WAIVER

All data, content, configurations, scripts, code, logs, credentials, and other materials submitted to, stored on, processed by, or transmitted through the Company's infrastructure are — as between User and Company — the User's sole responsibility. Where confidentiality obligations arise under the IT Act 2000, the Digital Personal Data Protection Act 2023, or lawful government orders, those obligations prevail over any contrary inference from this clause.

The User grants the Company a perpetual, worldwide, royalty-free, non-exclusive licence to access, copy, cache, retain, process, monitor, restrict, archive, or delete such materials solely for service delivery, security, abuse mitigation, billing, legal compliance, regulatory cooperation, internal risk management, and dispute resolution.

The Company does not assume ownership, editorial control, authorship, or endorsement of any User data. Nothing the Company does with User materials constitutes acceptance of responsibility for that content. The Company has no obligation of confidentiality, safekeeping, backup, or data availability beyond what applicable law mandates or a separately signed written agreement requires.

§ 7

ACCOUNT ACCURACY, PAYMENT FINALITY & FRAUD PREVENTION

The User is solely responsible for maintaining accurate, current, and verifiable account, billing, and identity information, and for ensuring all payments are authorized and lawful. Using false, borrowed, forged, or stolen identity or payment information is a material breach and financial fraud.

Service delivery is complete and final upon the earliest of: credential issuance, IP address or identifier allocation, provisioning of compute, storage, or network resources, or enabling of service access — regardless of actual usage, performance perception, or satisfaction.

A chargeback, reversal, or payment dispute initiated after provisioning — except in good faith under applicable law, mandatory payment network rules, or a legitimate unauthorized-transaction claim — is a breach of this Agreement. The Company may suspend services, retain fees, disclose evidence to payment gateways and banks, blacklist the User, and pursue recovery. The User waives any claim that service was not delivered or consumed, without prejudice to any statutory right to dispute a genuinely fraudulent or unauthorized transaction. A payment dispute made in good faith on a genuine, credible basis is always permitted.
§ 8

PRIVACY, DATA PROCESSING & SUBORDINATION TO LAW

Privacy within hosting, networking, and cloud environments is inherently limited by legal, regulatory, security, and compliance obligations. The Company does not guarantee anonymity, secrecy, non-attribution, or resistance to identification.

All personal and technical data is processed in accordance with applicable Indian law and lawful orders. The User waives any expectation of privacy that would conflict with statutory compliance, lawful interception, data retention mandates, or internal security measures — except as preserved under the Digital Personal Data Protection Act 2023 and other applicable data protection law, the rights under which are non-waivable and are not affected by this clause.

§ 8A

MANDATORY KYC, LOG RETENTION & DISCLOSURE CONSENT

In compliance with the IT Act 2000, CERT-In Directions (2022), and related law, the Company requires identity verification before service activation and retains technical, operational, and access logs for a minimum of FIVE (5) YEARS from collection, as required by CERT-In Directions (2022), or longer if law or policy requires it.

Such logs may include IP allocation records, routing data, timestamps, session metadata, authentication events, usage patterns, API calls, and system activity. The User consents to collection, retention, processing, and disclosure of this information to courts, regulators, CERT-In, law enforcement, and other governmental authorities lawfully empowered under Indian law — without prior notice, additional consent, or opportunity to object — and waives any claim arising from such lawfully compelled disclosure.
§ 9

PROHIBITED ACTIVITIES & STRICT LIABILITY STANDARD

The User may not engage in, facilitate, or enable any activity that violates applicable law, infringes rights, compromises security, abuses infrastructure, or exposes the Company to legal, regulatory, financial, or reputational risk. Prohibited conduct includes cybercrime, unauthorized scanning, exploitation, malware and botnet activity, phishing, unlawful anonymization, data harvesting, bulk unsolicited communications, disinformation, and political manipulation.

Liability applies to the maximum extent permitted by law for acts directly performed or directly authorized by the User. Intent, awareness, or delegation to third parties is not a defence for such acts. Violations may result in immediate suspension or termination without notice, data preservation and disclosure to authorities, and permanent denial of service, without liability to the Company.
§ 10

SERVICE CHARACTERIZATION & WARRANTY DISCLAIMER

All services are passive technical infrastructure, not managed services, consumer services, or outcome-based offerings. The Company disclaims all warranties — express, implied, statutory, or otherwise — including merchantability, fitness for purpose, security, accuracy, non-infringement, availability, and uninterrupted operation.

Infrastructure involves inherent technical uncertainty, external dependency, and operational risk. No specific result, performance level, or business outcome is guaranteed. All risks from deployment, configuration, integration, and use fall on the User.

§ 11

TERMINATION EFFECTS & DATA DISPOSITION

On suspension or termination for any reason, all access rights cease immediately, all outstanding fees become due, and the Company may — at its sole discretion and without liability — retain, disclose, archive, anonymize, or permanently delete any data or materials associated with the account, subject to mandatory legal retention requirements.

The User waives all claims arising from data loss, unavailability, retention, disclosure, or destruction following termination and acknowledges that the Company owes no duty of restoration, export assistance, or transition support unless non-waivable law requires it.

§ 12

ABSOLUTE INDEMNITY, LIABILITY SHIFT & RISK ALLOCATION

The User assumes exclusive civil, criminal, regulatory, and financial responsibility for all activity conducted through or in connection with the Company's infrastructure, directly or indirectly. The User agrees to fully indemnify and hold harmless the Company, its affiliates, directors, officers, employees, agents, contractors, and upstream providers from all claims, losses, penalties, investigations, damages, liabilities, costs, and expenses arising from that activity, including governmental and third-party actions. This indemnity extends to claims arising from the Company's own negligence in connection with infrastructure provision, to the maximum extent permitted by law — it being the User's acknowledgment that infrastructure pricing reflects this broad indemnity obligation.

The Company's role is providing neutral, passive technical infrastructure. It does not supervise, monitor, endorse, or control User conduct. No act or omission by the Company constitutes participation in, knowledge of, or responsibility for User activity. All risk is allocated to the User.
§ 13

SERVICE-SPECIFIC COMPLIANCE OBLIGATIONS (ABSOLUTE, NON-DELEGABLE)

Each service category carries distinct, non-delegable compliance obligations. The Company neither supervises nor controls how services are used.

VPN services do not provide anonymity, privacy guarantees, or immunity from monitoring. The User is the sole legal operator of all activity from provisioned VPN infrastructure. VPS and dedicated servers place exclusive responsibility on the User for the OS, applications, code, traffic, and all actions taken with root or administrative access. Attempts to evade law enforcement, bypass regulatory controls, or engage in scanning, spoofing, or exploitation are material breaches. Storage services: encryption may not be used to conceal unlawful content; zero-tolerance enforcement applies to prohibited material. Domain services are subject to registry, governmental, and law-enforcement authority; the Company may suspend, lock, transfer, or delete domains without notice to comply with that authority. Email and messaging services require opt-in compliance, header transparency, and reputation management; blacklist attribution is grounds for immediate suspension. Reseller services make the reseller the sole legal service provider to downstream users, with exclusive civil and criminal liability for downstream conduct.

Any breach of service-specific obligations entitles the Company to immediate suspension or termination, data preservation, disclosure to authorities, and permanent denial of service, without notice or liability.

§ 14

SERVICE LEVEL CHARACTERIZATION, NON-RELIANCE & DISCLAIMER

Any reference to uptime percentages, availability metrics, performance indicators, or latency targets on the Company's website, documentation, or marketing materials states internal operational objectives only — not warranties, guarantees, or contractual commitments. Infrastructure is subject to technical failure, upstream dependency, force majeure, security incidents, abuse mitigation, regulatory intervention, and maintenance requirements. No assurance of uninterrupted service is possible.

Without a separately executed written SLA, no credits, compensation, refunds, or damages arise from downtime, degradation, or performance variance, and the User waives any claim based on reliance on stated or implied service levels.

§ 15

REFUND POLICY, TRANSACTION FINALITY & WAIVER OF RESTITUTION

Infrastructure services are provisioned resources whose value is realized immediately upon allocation, activation, credential issuance, IP assignment, or system access. They are non-refundable once provisioned, regardless of usage or satisfaction. Any discretionary refund or credit granted by the Company is an exceptional goodwill accommodation, not an admission of fault, and creates no future expectation or obligation. The User waives all claims for restitution or unjust enrichment once services have been provisioned, to the maximum extent permitted by law.

The provisioning events listed in §52 — credential issuance, resource allocation, account activation, DNS propagation, and digital delivery records — are conclusive proof of service delivery for refund purposes. Fees are non-refundable once any such event occurs. Fees paid for services suspended or terminated due to the User's own breach — including KYC non-compliance, prohibited activity, or payment irregularity — are non-refundable as reasonable compensation for that breach. Where a refund is mandatorily required by law or payment network rules for an unauthorized transaction, that refund will be processed accordingly and this clause will not be used to defeat a legitimate unauthorized-transaction dispute.

§ 16

BINDING ARBITRATION, EXCLUSIVE REMEDY & STATUTORY WAIVERS

The User irrevocably agrees that any dispute arising out of this Agreement, the services, or any interaction with the Company will be resolved exclusively through binding arbitration under the Arbitration and Conciliation Act, 1996, seated at Guwahati, Assam, India. The services are commercial infrastructure, not consumer services, and the User waives — to the maximum extent permitted by law — any right to initiate proceedings before consumer forums, civil courts, regulatory tribunals, or class actions. Arbitration is the sole and exclusive remedy. No interim or parallel proceedings are maintainable except as expressly permitted by the governing arbitration statute. Where a consumer forum proceeding is commenced despite this clause, the Company will apply under Section 8 of the Arbitration and Conciliation Act 1996 for referral to arbitration and will rely on the User's commercial representations under §43 and §50 as documentary evidence.
§ 17

GOVERNING LAW, REGULATORY PRIMACY & CONFLICT RESOLUTION

This Agreement is governed by the substantive laws of India, without regard to conflict-of-law principles. Indian statutory, regulatory, and law-enforcement requirements take precedence over any contractual expectation. Compliance with lawful orders or governmental directives does not constitute breach of contract or deficiency of service. Where this Agreement conflicts with mandatory provisions of Indian law, statutory compliance prevails without invalidating the rest of the Agreement.

§ 18

SEVERABILITY, JUDICIAL MODIFICATION & CONTINUING ENFORCEABILITY

If any provision is held invalid or unenforceable by a court or arbitral tribunal, it will be severed or modified to the minimum extent necessary to make it enforceable. The remaining provisions continue in full force, construed to reflect the original risk allocation this Agreement is designed to achieve.

§ 19

ENTIRE AGREEMENT, NON-RELIANCE & EXCLUSION OF EXTERNAL REPRESENTATIONS

This Agreement is the complete and final statement of the terms governing the relationship between the User and the Company. It supersedes all prior agreements, representations, marketing materials, and communications. The User agrees that no reliance has been placed on any statement or promise not set out here, and waives any claim based on alleged reliance, inducement, or misrepresentation outside these express terms.

§ 20

AMENDMENTS, CONTINUING ACCEPTANCE & RISK ALLOCATION

The Company may amend this Agreement at any time for legal, regulatory, operational, commercial, or risk reasons. Amendments take effect on publication or notification by any reasonable means. Continued use of the services after amendment constitutes irrevocable acceptance of the revised terms. If the User does not accept an amendment, the sole remedy is to stop using the services.

Renewal as Fresh Acceptance: Each service renewal — monthly, annual, or otherwise — is a fresh, independent acceptance of this Agreement as it stands at the renewal date. No renewal creates any expectation that prior terms or pricing will continue. Initiating a renewal, or failing to cancel before the renewal date, constitutes irrevocable acceptance of all terms and pricing current at the time of renewal.

Mid-Cycle Protection — Narrow Scope: No amendment will retrospectively alter accrued rights or materially increase the User's financial obligations for a service during a current billing period already paid and actively running without the User's written consent. This protection covers the current paid billing period only. It does not carry forward to any renewal, and does not restrict the Company from amending non-financial terms, compliance or acceptable use obligations, regulatory requirements, or any term required to be amended by law, at any time including mid-cycle.

§ 21

INFRASTRUCTURE INTERMEDIARY CHARACTERIZATION & KNOWLEDGE DISCLAIMER

Nothing in this Agreement — including the Company's provision of infrastructure, its contractual relationships, automated operations, log retention, monitoring, compliance with lawful orders, or any other ordinary-course act — constitutes evidence of the Company's knowledge of, consent to, or participation in any unlawful act by any User. The Company operates as a passive technical infrastructure intermediary, consistent with intermediary liability frameworks under the IT Act 2000.

The User acknowledges that technical capability, automated operation, log retention, monitoring, abuse detection, or regulatory cooperation does not constitute knowledge, intent, or participation for civil, quasi-criminal, or regulatory purposes. No presumption of constructive knowledge or wilful blindness arises solely from the Company's role as an infrastructure provider.

Compliance with statutory obligations, CERT-In directions, law-enforcement requests, or internal risk mitigation is not voluntary involvement in User conduct. Nothing here creates a duty on the Company to proactively investigate or prevent User conduct beyond what applicable law expressly mandates.

§ 22

NO DUTY TO MONITOR, POLICE OR INTERVENE

Absence of Monitoring Obligation & No Assumed Duty

The Company has no duty — contractual, statutory, tortious, fiduciary, or otherwise — to monitor, surveil, investigate, pre-screen, analyze, or proactively police any User activity, traffic, content, or conduct occurring on or through its infrastructure. The Company's role is strictly limited to passively provisioning technical resources. No obligation to detect, prevent, or interdict unlawful or harmful activity exists unless a lawful order from a competent authority requires it.

Any technical measures the Company implements — including abuse detection, anomaly flagging, logging, rate limiting, or compliance-driven monitoring — are for internal risk management, network integrity, or statutory compliance only. They do not create any duty of care, knowledge attribution, expectation of intervention, or heightened standard of responsibility. Failure to detect, prevent, or act on any activity does not give rise to claims of negligence, facilitation, or breach of duty.

The User waives, to the maximum extent permitted by law, any claim premised on an asserted duty to monitor, prevent, investigate, or intervene, and agrees that inaction, delayed action, or discretionary enforcement by the Company does not constitute fault, complicity, or legal participation in User conduct.

§ 23

LIABILITY FIREWALL & RISK ISOLATION FRAMEWORK

This Annexure establishes a deliberate liability firewall between the Company and all User activity, designed to prevent legal, regulatory, civil, criminal, and reputational risk from migrating from the User domain into the Company domain.

A. Sole-Operator Attribution Doctrine

For all legal and evidentiary purposes, the User is the sole operator, controller, and beneficiary of all activity originating from or associated with infrastructure provisioned by the Company. No act or outcome from that activity is attributed to the Company merely because it provided technical access.

B. Non-Attribution of Infrastructure Enablement

Provisioning servers, IP addresses, storage, bandwidth, compute, routing, APIs, or credentials is a neutral technical function. It does not constitute facilitation, endorsement, authorization, or awareness of User conduct, and gives rise to no inference of participation, conspiracy, or shared intent.

C. Risk Containment & Downstream Isolation

All risks from User conduct — regulatory exposure, criminal investigation, civil liability, financial penalties, reputational harm, data loss, third-party claims — are contained within the User's operational boundary. They do not propagate to the Company, its directors, officers, employees, upstream providers, or data centers, regardless of whether the Company is named or referenced in any complaint or proceeding.

D. Enforcement Actions as Protective, Not Participatory

Suspension, termination, logging, data preservation, disclosure, cooperation with authorities, or enforcement actions are protective compliance measures, not acknowledgments of wrongdoing, admissions of knowledge, or acceptance of responsibility for User conduct.

E. Express Waiver of Attribution Theories

The User waives, to the maximum extent permitted by law, any attempt to impose liability on the Company or its personnel under theories of:

  • vicarious liability
  • contributory liability
  • secondary liability
  • strict attribution
  • constructive knowledge
  • presumed intent
  • failure to prevent
  • failure to supervise
  • wilful blindness

unless direct, contemporaneous, specific evidence establishes personal and knowing participation by identified Company personnel.

F. Survival & Supremacy

This Liability Firewall survives termination, suspension, investigation, arbitration, and litigation, and prevails over any conflicting interpretation of this Agreement to the maximum extent permitted by law.

§ 24

NO AGENCY • NO PARTNERSHIP • NO JOINT VENTURE • NO AUTHORITY

Independent Infrastructure Provider & Absolute Non-Agency

No agency, partnership, joint venture, employment, fiduciary, or collaborative relationship exists or is implied between the User and the Company. The Company is an independent, neutral provider of technical infrastructure access. The User acts solely on their own behalf, at their own risk. The User has no authority to bind, represent, or commit the Company or any of its personnel.

No statement, configuration, marketing claim, technical integration, automation, API interaction, reseller arrangement, or operational dependency creates any form of agency or shared enterprise. All User acts are undertaken solely in the User's own name. Any attempt to attribute User conduct to the Company under agency, partnership, joint venture, enterprise liability, or mutual benefit theories is contractually barred, except to the extent mandatorily imposed by statute on proof of direct personal involvement and intent by identified Company personnel.

§ 25

NO DUTY TO WARN • NO DUTY TO ADVISE • NO DUTY TO FORESEE

Absence of Warning, Advisory, or Protective Obligations

The Company has no duty — contractual, statutory, tortious, or otherwise — to warn, advise, notify, instruct, or alert the User or any third party about legal risks, regulatory exposure, security vulnerabilities, configuration errors, compliance requirements, or consequences of using the infrastructure. The Company does not provide legal, regulatory, security, or compliance advice. Any informational material or documentation it provides is general and non-reliance in nature.

The Company has no duty to foresee, predict, or prevent the consequences of User conduct, including third-party harm, regulatory action, or enforcement outcomes. Absent warnings, delayed warnings, selective warnings, or discretionary communications do not constitute negligence, facilitation, assumption of duty, or breach of any standard of care. The User waives any claim premised on failure to warn, advise, notify, or prevent, to the maximum extent permitted by law.

§ 26

DIRECTOR & OFFICER INDEMNITY INSURANCE ALIGNMENT & PRESERVATION CLAUSE

Corporate Indemnification, Insurance Alignment & Personal Liability Containment

All enforcement actions, compliance responses, disclosures, suspensions, terminations, monitoring configurations, logging practices, and cooperation with governmental authorities undertaken by the Company are corporate and institutional acts, not personal acts of any director, officer, shareholder, employee, consultant, or representative. They are performed pursuant to corporate policy, risk management protocols, and statutory compliance obligations.

The User agrees that no director or officer is personally liable for any claim, investigation, penalty, or enforcement action arising from the provision, suspension, termination, monitoring, disclosure, or enforcement of services — except where personal liability is mandatorily imposed by statute on proof of direct, intentional, and knowing personal misconduct. The User waives, to the maximum extent permitted by law, any attempt to assert personal, vicarious, derivative, or secondary liability against any director or officer based on their corporate role, designation, supervisory function, or decision approval.

The User acknowledges that the Company maintains, or may maintain, Directors' and Officers' Liability Insurance (D&O Insurance) and that this Agreement is intended to preserve and not prejudice the availability or scope of such coverage. Accordingly, no allegation, claim, or proceeding will assert personal knowledge, intent, or participation on the part of any director or officer solely by virtue of their corporate role — such assertions are inconsistent with the agreed risk allocation and may improperly prejudice insurance coverage.

All enforcement actions and compliance responses are conclusively corporate acts performed in the ordinary course of business for regulatory compliance and institutional protection. They are not admissions of fault or personal involvement by any director or officer. The availability of D&O Insurance coverage takes precedence over any contrary interpretation of this Agreement, and no claim will be advanced that would void, limit, or impair such coverage except as required by non-waivable law.

This clause survives termination, account closure, investigation, arbitration, litigation, insolvency, and winding-up.

§ 27

DIRECTOR & OFFICER PERSONAL LIABILITY

All services are provided by the Company in its corporate capacity as an infrastructure intermediary. No director, officer, shareholder, employee, consultant, contractor, or representative of the Company personally assumes any duty, obligation, or liability to the User or any third party in connection with the provision, suspension, termination, monitoring, or enforcement of services. The User waives and releases any claim seeking to impose personal, vicarious, derivative, or secondary liability on any such individual, except to the extent mandatorily imposed by statute on proof of direct personal involvement and mens rea. All acts by Company personnel in furtherance of compliance, security, abuse prevention, lawful disclosure, or operational enforcement are acts of the Company alone.

§ 28

GOVERNMENT / LAW-ENFORCEMENT NOTICE RESPONSE ANNEXURE

Connect Quest HyperCloud Hosting operates as a passive infrastructure intermediary providing technical resources to verified users. It does not exercise editorial or operational control over user content, traffic, or applications. All infrastructure access is provisioned subject to mandatory identity verification, logging, and compliance obligations under Indian law. Upon receipt of any lawful notice, directive, or order from a competent authority, the Company preserves relevant logs and subscriber information in accordance with statutory requirements and cooperates fully with investigative agencies. It does not obstruct, delay, or interfere with lawful investigations, and does not assert contractual confidentiality claims against statutory disclosure obligations.

§ 29

GOVERNMENT-FACING COMPLIANCE & REGULATORY ANNEX

Regulatory Compliance Declaration

Connect Quest HyperCloud Hosting maintains internal compliance mechanisms aligned with the IT Act 2000, associated rules, and CERT-In Directions (2022). These include mandatory customer identification before service activation, retention of technical and access logs for statutorily prescribed periods, internal abuse detection and response procedures, and designated escalation channels for lawful requests. Compliance with lawful governmental directives takes precedence over contractual expectations and does not constitute breach or deficiency. The Company does not provide anonymity services, privacy guarantees, or content moderation assurances beyond statutory obligations, and does not market services as tools for evading or circumventing law.

§ 30

EXPORT CONTROLS, SANCTIONS & RESTRICTED USE COMPLIANCE

The User warrants on a continuing basis that: (a) the infrastructure will not be used in connection with any activity violating applicable export control laws, trade sanctions, or embargoes of India, the United Nations, or any other competent international authority; (b) the User is not located in, organized under the laws of, or controlled by any person or entity subject to comprehensive sanctions; (c) the infrastructure will not be used to facilitate design, development, production, or deployment of nuclear, chemical, biological, or radiological weapons or their delivery systems; and (d) the User is not listed on any denied parties, entity, or sanctions list maintained by competent governmental authorities.

Breach of this clause is material breach entitling the Company to immediate termination without liability. The User will indemnify the Company from all sanctions-related consequences, penalties, regulatory actions, or third-party claims arising from such breach. This obligation survives termination.
§ 31

DIRECTOR / OFFICER SAFE-HARBOR CLARIFICATION

All enforcement actions — suspension, termination, data disclosure, cooperation with authorities — are institutional compliance decisions based on risk assessment, legal obligation, or operational necessity. No such action constitutes voluntary participation in user conduct or endorsement of it. Directors and officers act solely in a governance and compliance capacity; they do not participate in user activity.

§ 32

PRIVATE LAW CHARACTERIZATION & CONTRACTUAL RELATIONSHIP

Connect Quest HyperCloud Hosting is a private commercial infrastructure provider operating under private contractual arrangements. It does not perform any sovereign, statutory, public, governmental, or quasi-governmental function. The relationship between the Company and the User is a private contractual relationship governed by private law, and contractual disputes are appropriately resolved through the private dispute-resolution mechanisms specified in this Agreement.

Recourse to public-law remedies should only be pursued where the User has a genuine public-law claim independent of and not co-extensive with the contractual dispute. Nothing here limits any jurisdiction, right of petition, or constitutional remedy that cannot be excluded by private contract under Indian law. The appropriate forum for contractual disputes is binding arbitration under §16.

The Company's actions under this Agreement — suspension, termination, data disclosure, regulatory cooperation, enforcement measures — arise from private contractual rights and obligations, not exercises of public power.

§ 33

INFRASTRUCTURE SERVICE DELIVERY & PAYMENT FINALITY – EXPLANATORY NOTE

Connect Quest HyperCloud Hosting provides non-consumer, commercial infrastructure services — compute, network, storage, and related technical resources. Service delivery is non-tangible and instantaneous, and is complete upon provisioning events such as credential issuance, IP allocation, or resource activation.

Once provisioning occurs:

  • The service is technically delivered
  • The value is immediately realized
  • The service cannot be returned, revoked, or re-sold

Accordingly:

  • Refunds are discretionary and exceptional
  • Chargebacks after provisioning are treated as misuse or fraud
  • Provisioning logs, access records, and system timestamps are objective proof of delivery

Payment gateways are transaction processors only. A gateway-initiated refund, reversal, or dispute resolution is procedural and does not constitute an admission of service failure or wrongdoing by the Company. The Company cooperates fully with lawful banking and regulatory requests while maintaining compliance with Indian law, CERT-In directions, and this Agreement.

§ 34

MALICIOUS COMPLAINT, CRIMINAL MISUSE & ABUSE-OF-PROCESS DETERRENCE

Initiating any knowingly false, frivolous, or malicious criminal complaint, FIR, cyber-crime report, or magistrate application against the Company or its directors, officers, or employees — where the User knows or reasonably ought to know the factual basis is false, fabricated, or lacks credible foundation, and where the complaint is filed solely for contractual, financial, or commercial leverage — may constitute an abuse of legal process for which the Company may seek appropriate legal remedies. This clause does not discourage, penalize, or prevent the User from making any legitimate, good-faith complaint or report to law enforcement, regulators, or governmental authorities regarding genuinely unlawful conduct. Any such good-faith complaint attracts no liability or adverse consequence under this Agreement.

The User acknowledges that the following do not constitute criminal intent, facilitation, abetment, or conspiracy under Indian law:

  • Mere provision of infrastructure
  • Automated system operation
  • Logging, monitoring, or data retention
  • Regulatory or law-enforcement cooperation
  • Payment processing or suspension actions
Criminal complaints filed in bad faith — for leverage in civil, contractual, payment, or regulatory disputes, or to coerce refunds or service restoration — are vexatious. The Company reserves the right to seek quashing of proceedings, pursue costs and damages, and initiate counter-proceedings for abuse of process. This clause survives termination and applies to all post-termination conduct.
§ 35

CONTACT INFORMATION & DESIGNATED GRIEVANCE OFFICER

Registered Address:
Crystel Grove Flat 1A
318 Dr. BN Saikia Road
Guwahati, Assam – 781028

General Enquiries: [email protected]
Abuse & Takedown: [email protected]
Legal & Dispute Notices: [email protected]

Designated Grievance Officer — IT (Intermediary Guidelines) Rules 2021

In compliance with Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the Company has designated a Grievance Officer for the receipt and redressal of complaints and grievances relating to the Company's services and intermediary obligations:

Designated Grievance Officer: Compliance Officer, Connect Quest HyperCloud Hosting
Grievance Email: [email protected]
Address: Crystel Grove Flat 1A, 318 Dr. BN Saikia Road, Guwahati, Assam – 781028

The Grievance Officer will acknowledge complaints within 24 hours of receipt and redress them within 15 days of acknowledgment, in accordance with Rule 3(2)(d) of the IT Rules 2021. Complaints may relate to content, account actions, data handling, or any other matter arising from the Company's services or intermediary obligations.
§ 36

FINAL IRREVOCABLE ACCEPTANCE

By using the services, the User irrevocably accepts the contractual risk allocation in this Agreement, consents to monitoring and disclosure as described, and agrees to be bound exclusively by these terms — without prejudice to any non-waivable statutory rights that may apply under applicable Indian law.
§ 37

FORCE MAJEURE & EVENTS BEYOND COMPANY CONTROL

The Company is not liable for any failure, delay, degradation, or interruption in services to the extent caused by events beyond its reasonable control, including:

  • Acts of God, natural disasters, earthquakes, floods, fires, storms, lightning, or other extreme weather or geological events
  • Power failures, electrical outages, or disruptions to utility infrastructure
  • Failure, outage, or disruption of upstream network providers, tier-1 carriers, internet exchange points, or peering arrangements not within the Company's direct operational control
  • Failure of third-party hardware, software, data centres, or infrastructure components not owned or operated by the Company
  • Regulatory action, governmental orders, judicial directives, or enforcement measures by competent authorities requiring suspension, restriction, or modification of services
  • Acts of war, civil unrest, terrorism, sabotage, or cyberattacks of exceptional severity beyond commercially reasonable mitigation
  • Pandemic, epidemic, or public health emergency declared by competent governmental authority
  • Labour disputes, strikes, or industrial action affecting upstream infrastructure providers

In such events, the Company's obligations are suspended for the duration. The Company will endeavour to notify the User within a commercially reasonable period after becoming aware of the event, where not prohibited by law, and will take commercially reasonable steps to resume service as promptly as practicable. Force majeure events do not entitle the User to refunds, credits, damages, or service extensions unless non-waivable law requires it.

§ 38

ABUSE REPORTING CHANNEL & NOTICE-AND-TAKEDOWN PROCEDURE

The Company maintains an abuse reporting channel for reports of unlawful activity, network abuse, spam, phishing, malware distribution, or other harmful conduct originating from or facilitated by the Company's infrastructure. Reports may be submitted to:

Abuse Reporting Contact: [email protected]
Please include: (a) your contact details; (b) a specific description of the alleged abuse including IP address, URL, or technical identifier; (c) the legal or policy basis for your complaint; and (d) a declaration that the information is accurate to the best of your knowledge.

The Company will review submitted reports in accordance with applicable law, including the IT Act 2000 and IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, and will take action as required or permitted by law. The Company reserves the right to request additional information and to disregard reports that are incomplete, manifestly unfounded, or submitted in bad faith. Receipt of an abuse report is not an acknowledgment that the complained-of activity is unlawful or that the Company had prior knowledge of it. All abuse-handling actions are compliance measures and do not create an ongoing monitoring obligation.

§ 39

ENCRYPTION & TECHNICAL OBSCURATION

The Company's infrastructure may support encrypted communications and storage as part of standard technical operations. The User agrees that:

  • Encryption may not be used to conceal, shield, or facilitate unlawful content, criminal activity, or conduct prohibited under this Agreement or applicable law
  • Where lawfully required by a competent authority under applicable Indian law, the User is solely responsible for providing decryption keys, passphrases, or other technical access to their own encrypted data
  • The Company's technical inability to access encrypted User content does not limit or reduce the User's liability for unlawful encrypted content
  • Encryption services are neutral technical infrastructure; the Company makes no representations about the security, strength, regulatory compliance, or cryptographic properties of any encryption protocol or implementation used in connection with the services

The User remains solely responsible for all data stored or transmitted in encrypted form through the Company's infrastructure, and encryption does not limit the User's obligations under this Agreement, applicable law, or any lawful governmental order.

§ 40

COPYRIGHT & INTELLECTUAL PROPERTY NOTICE-AND-TAKEDOWN

The Company respects intellectual property rights and responds to notices of alleged copyright or intellectual property infringement in accordance with the IT Act 2000, the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, and other applicable law. The Company operates as a passive infrastructure intermediary and does not exercise editorial control over User content.

Copyright holders or authorized agents who believe their works have been infringed through the Company's infrastructure may submit a written takedown notice to [email protected] containing: (a) identification of the allegedly infringed work; (b) identification of the infringing material with sufficient specificity to allow the Company to locate it, including IP address, URL, or hosting account identifier; (c) complainant contact information; (d) a statement of good-faith belief that the use is unauthorized; and (e) a statement, under penalty of applicable law, that the information is accurate and the complainant is authorized to act.

On receipt of a valid notice, the Company will act promptly to remove or disable access to the allegedly infringing material and will notify the affected User where permitted by law. Users who believe material has been wrongly removed may submit a counter-notice to [email protected] with supporting grounds. Responding to takedown notices is a compliance measure and does not constitute admission of liability, knowledge of infringement, or assumption of editorial responsibility.
§ 41

CONSUMER PROTECTION & ARBITRATION — STATUTORY PRESERVATION

The arbitration clause in §16 does not exclude, restrict, or limit any statutory right of recourse that cannot be excluded by private agreement under Indian law, including the right of any person qualifying as a "consumer" under the Consumer Protection Act, 2019 to approach a consumer disputes redressal forum. The Company's primary position is that these services constitute commercial infrastructure accessed by commercially sophisticated Users; this clause exists solely to ensure enforceability of the Agreement in all circumstances.

Where a User is determined by a competent forum to qualify as a consumer under the Consumer Protection Act, 2019, applicable statutory protections apply to the extent required by law. All other provisions of this Agreement continue in full force to the maximum extent permitted. Users seeking to raise a consumer complaint may also contact the Company at [email protected] before initiating formal proceedings.
§ 42

LIMITATION OF LIABILITY — AGGREGATE CAP & EXCLUSION OF CONSEQUENTIAL DAMAGES

The total aggregate liability of Connect Quest HyperCloud Hosting, its affiliates, directors, officers, employees, agents, contractors, licensors, and upstream providers, to the User for any claim arising out of or relating to this Agreement, the services, or any interaction with the Company — on any legal or equitable theory — is capped at:

  • The total fees actually paid by the User for the specific affected service in the thirty (30) calendar days immediately preceding the event giving rise to the claim.

By way of illustration: if the affected service costs ₹299/month, the Company's maximum aggregate liability for all claims from that service is ₹299. If it costs ₹1,499/month, the cap is ₹1,499. Where multiple services were paid for but only one is the subject of the claim, only fees attributable to that specific service in the preceding 30 days count. The User acknowledges this formula is a reasonable, proportionate, and deliberate risk allocation that directly reflects the commercial value of the service for which liability is claimed.

EXCLUSION OF CONSEQUENTIAL DAMAGES: In no event is the Company liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including: (i) loss of revenue, profits, or business opportunities; (ii) data loss, corruption, or system unavailability; (iii) business interruption or operational downtime; (iv) reputational harm or loss of goodwill; (v) costs of substitute goods, services, or infrastructure; (vi) regulatory fines or penalties from the User's own conduct; or (vii) damages from reliance on services for critical or time-sensitive operations — even if the Company was advised of the possibility of such damages and even if the stated remedy fails of its essential purpose.

The User acknowledges that the liability cap and exclusions reflect a reasonable allocation of commercial risk between sophisticated parties, and are an essential basis of the bargain. The Company's fees are set in reliance on these limitations. Where applicable law mandates a minimum liability standard that renders any portion of this clause unenforceable, that portion is severed and the remaining limitations continue in full force.

§ 43

COMMERCIAL USE DECLARATION & USER REPRESENTATION

All services — including shared hosting, VPS, dedicated servers, cloud compute, storage, networking, SaaS platforms, FaaS platforms, telephony, VoIP, messaging, API access, reseller infrastructure, and automation systems — are commercial infrastructure services designed, intended, marketed, and operated for business, professional, technical, organizational, or commercial purposes. The Company does not design, market, or operate any service as a consumer convenience product, personal-use product, or retail end-user service.

By accessing or using any service, the User warrants that:

  • The services are being accessed and used for commercial, business, professional, organizational, or technical purposes and not for personal, household, or domestic use
  • The User has the technical competence, commercial intent, and operational capability to independently manage, configure, secure, and take responsibility for infrastructure-level services
  • Where the User is an individual, they confirm they are acting in a professional, entrepreneurial, or commercial capacity and not as a retail consumer
  • No representation was relied upon that the services are consumer-grade, outcome-guaranteed, or suitable for non-technical personal use
  • The pricing and terms offered by the Company are calibrated for commercial users and reflect the assumption of commercial intent
If a User is determined by a competent forum to qualify as a consumer under applicable law, only the minimum mandatory statutory protections required by law apply. All other provisions of this Agreement remain enforceable to the maximum extent permitted by law.
§ 44

EXPANDED SERVICE CATEGORIES & UNIVERSAL USER RESPONSIBILITY

The following service categories are covered by this Agreement. Each is commercial infrastructure access, not a consumer-grade managed service. The User assumes exclusive legal, regulatory, operational, and technical responsibility for all activity through each category:

Compute & Hosting Infrastructure

Shared hosting, cloud hosting, VPS, dedicated servers, bare-metal servers, GPU compute, colocation hosting, and Mac OS server instances. The User is solely responsible for the OS, applications, code, security configuration, access controls, network traffic, and all actions taken with administrative or root access.

SaaS & FaaS Platforms

Software-as-a-Service platforms, Function-as-a-Service platforms, and managed application environments including Connectify Telephony and OpsBridge CRM. The User is solely responsible for data processed through these platforms, the configuration of workflows, and compliance with all applicable law, including data protection and sector-specific regulations.

Telephony, VoIP & Messaging Services

VoIP, cloud telephony, SIP trunking, telephony APIs, SMS and messaging APIs, and related communication infrastructure. The User is solely responsible for compliance with TRAI guidelines, the Indian Telegraph Act, DoT regulations, and all applicable telecom law. The Company provides neutral technical connectivity and does not supervise, record, moderate, or control the content of communications.

Networking & Security Infrastructure

Cloud firewall, VPN infrastructure, IP allocations, bandwidth, routing, CDN, and network access. The User is solely responsible for traffic originating from provisioned network resources and compliance with all applicable network-use regulations.

Workspace & Licensing Services

Google Workspace, Microsoft Workspace, and software licensing — provisioned as commercial reseller pass-through services, additionally subject to the terms of the respective third-party providers. The Company's role is limited to provisioning and billing.

APIs & Automation Systems

API access, automation pipelines, orchestration layers, and programmatic infrastructure access. The User is solely responsible for the design, security, output, and compliance of all automated workflows and integrations.

Reseller Services

Reseller accounts, white-label infrastructure, and downstream provisioning tools. The reseller is the sole legal service provider to all downstream end-users and assumes exclusive civil, criminal, and regulatory liability for all downstream activity. The Company's contractual relationship is exclusively with the reseller.

In all cases, each service category is passive, neutral infrastructure access. The Company does not supervise, edit, endorse, moderate, or control User activity, content, communications, or operational decisions, except where applicable law or lawful governmental order requires it.

§ 45

COMPREHENSIVE USER RESPONSIBILITY & OPERATIONAL DUTY

The User is solely and non-delegably responsible for all of the following, regardless of service category:

  • All hosted content: Every file, database, application, script, binary, media file, or other content hosted on or transmitted through the Company's infrastructure, including its legality, accuracy, and compliance with applicable law and third-party rights
  • All deployed applications: The design, security, functionality, legal compliance, and operational safety of every application or software deployed on the Company's infrastructure
  • All network traffic: Every packet, connection, protocol, and communication originating from or routed through infrastructure allocated to the User, including compliance with applicable network-use regulations
  • All telephony and VoIP usage: Every call, message, session, trunk, or communication initiated or facilitated through telephony or VoIP services, including compliance with TRAI regulations, anti-spam obligations, and applicable telecom laws
  • All communications transmitted: The content, purpose, and lawfulness of all communications sent or received through messaging, email, API, or other services
  • Regulatory compliance: Obtaining and maintaining all licences, registrations, permissions, and approvals required for the User's specific use under applicable law, including sector-specific regulations
  • Data protection obligations: All obligations under the Digital Personal Data Protection Act 2023, IT Act 2000, and any other applicable data protection or privacy law in relation to personal data processed through the User's use of the services
  • End-user obligations: Where the User provides services to their own end-users through the Company's infrastructure, all legal, contractual, and regulatory obligations owed to those end-users
  • Security posture: Security configuration, access controls, authentication mechanisms, and patch management for all systems deployed on the Company's infrastructure
  • Backup and recovery: All data backup, recovery, and business continuity planning for data and applications hosted on the Company's infrastructure

The Company does not supervise, monitor (except where required by law), moderate, control, or direct the User's operational activities. The Company's role is providing and maintaining the technical infrastructure layer. The Company's capability to monitor — where it exists — does not create an obligation to do so or acceptance of responsibility for User operations.

§ 46

COMPREHENSIVE INDEMNIFICATION — CIVIL, CRIMINAL, REGULATORY & THIRD-PARTY

The User will, at their own cost, fully and unconditionally indemnify, defend, and hold harmless Connect Quest HyperCloud Hosting, its affiliates, subsidiaries, successors, assigns, shareholders, directors, officers, employees, agents, contractors, licensors, and upstream infrastructure providers (collectively, "Indemnified Parties") from all claims, demands, actions, proceedings, investigations, fines, penalties, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) of any nature — civil, criminal, regulatory, or administrative — arising out of or connected with:

  • Civil claims: Any civil action by any third party arising from the User's use of the services, the User's content, or the User's operational activities through the Company's infrastructure
  • Regulatory investigations: Any investigation, audit, inquiry, show-cause notice, or enforcement action by TRAI, CERT-In, MeitY, DoT, the Competition Commission of India, the Data Protection Board, or any other regulatory authority in connection with the User's activities
  • Criminal complaints: Any criminal complaint, FIR, chargesheet, summons, or prosecution arising from the User's use of the services or conduct, whether directed at the Company or requiring its participation as a witness, respondent, or evidence custodian
  • Intellectual property disputes: Any claim of copyright infringement, trademark infringement, passing off, or misappropriation of trade secrets arising from content hosted, transmitted, or processed through the User's infrastructure allocation
  • Telecom misuse: Any claim, penalty, or enforcement action arising from the User's misuse of telephony, VoIP, messaging, or telecommunications services, including violations of TRAI regulations, anti-spam laws, or the Indian Telegraph Act
  • Fraud or abuse: Any claim, loss, or liability from fraud, unauthorized access, phishing, malware distribution, botnet operation, or other abusive activities conducted through the User's infrastructure allocation
  • Data breaches: Any claim, penalty, or enforcement action arising from a data breach, unauthorized disclosure, or failure to secure personal data processed through the User's use of the services
  • Downstream liability: Any claim by the User's own customers, clients, or end-users arising from the User's use of the Company's infrastructure to deliver services to those parties
This indemnification is absolute, unconditional, and not subject to any offset, counterclaim, or reduction based on any act or omission of the Company. The Company may assume sole control of any indemnified matter, in which case the User must cooperate fully and promptly at the User's expense. This clause survives termination, account closure, and expiry of this Agreement without time limit.
§ 47

STRENGTHENED INTERMEDIARY STATUS — IT ACT 2000 ALIGNMENT

Connect Quest HyperCloud Hosting operates as a neutral technical infrastructure intermediary within the meaning of Section 2(1)(w) of the IT Act 2000 and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. The Company's role is strictly limited to providing technical access, connectivity, storage, and routing for third-party data and communications. The Company does not originate, initiate, select, modify, endorse, publish, curate, recommend, or exercise editorial control over any User content, data, traffic, communication, or application hosted on or transmitted through its infrastructure.

In furtherance of its intermediary status, the Company:

  • Does not determine the recipients, content, or routing of User communications beyond technically necessary packet-level forwarding
  • Does not initiate, originate, or curate any electronic record or communication on behalf of a User
  • Does not modify User transmission content in transit except as required for protocol compatibility, compression, or technical optimization
  • Does not assume knowledge of the content, purpose, or legality of any specific User communication or data by virtue of providing infrastructure access
  • Does not exercise voluntary editorial, supervisory, or curatorial control over User-hosted content
  • Complies with lawful governmental orders and disables access to specific content on receipt of lawful direction, without such compliance constituting admission of prior knowledge or responsibility

The Company's compliance with intermediary obligations under the IT Act 2000 — including publishing this Agreement, maintaining a grievance officer, and responding to lawful government orders — constitutes its good-faith effort to maintain intermediary protection under applicable law. This clause is to be construed to maximize that protection.

§ 48

TELEPHONY, VOIP & MESSAGING COMPLIANCE OBLIGATIONS

Users of telephony, VoIP, SIP trunking, SMS, messaging, or any communication-related service agree to all of the following obligations, which are absolute and non-delegable:

Telecom Regulatory Compliance

The User must comply with all applicable telecommunications laws, regulations, guidelines, and directions, including the Indian Telegraph Act 1885, the TRAI Act 1997, TRAI Regulations on Unsolicited Commercial Communications, TRAI Quality of Service Regulations, DoT licensing conditions, and all applicable orders and directions issued by TRAI, DoT, or the Ministry of Communications.

Anti-Spam & Consent Requirements

The User must maintain verifiable, lawful consent for all commercial communications, bulk messaging, and automated calls. Where required, the User must register as a telemarketer with TRAI and comply with the Telecom Commercial Communications Customer Preference Regulations. The User is solely responsible for any blacklisting, penalty, or enforcement action arising from non-compliant communications.

Prohibited Telephony Uses

The User is prohibited from using telephony or VoIP infrastructure for: robocalling or automated dialling without lawful consent; SIM-box operation or SIM card bypass; call spoofing or caller ID falsification except where expressly authorized by applicable law; phishing, vishing, or smishing campaigns; bypass of lawful intercept systems; transmission of unlawful content; or any criminal offence under the Indian Penal Code, Bharatiya Nyaya Sanhita, or IT Act 2000.

Sole Responsibility for Communications

The Company provides neutral technical telephony infrastructure and is not a party to, endorser of, or participant in any communication transmitted through it. The User is the originator and sole legal operator of all calls, messages, and communications from their account. The User will indemnify the Company from any claim, penalty, or enforcement action arising from the content, purpose, or legality of communications transmitted through the User's telephony allocation.

Violation of any telephony or VoIP compliance obligation is material breach and entitles the Company to immediately suspend or terminate all communication services without prior notice and without liability. The Company may report violations to TRAI, DoT, or law-enforcement authorities as required by law or internal policy.
§ 49

MANDATORY KYC — CONDITION PRECEDENT TO CONTINUED SERVICE, DUAL-CHANNEL NOTICE, 24-HOUR HARD DEADLINE & NON-REFUNDABILITY

Submission and verification of valid identity documentation (KYC) is a mandatory, non-waivable condition precedent to continued service access — not an administrative formality. KYC compliance is a regulatory obligation imposed on the Company under the IT Act 2000, CERT-In Directions (2022), and associated laws. Neither party can waive it.

Dual-Channel KYC Notice — Actual Notice Confirmed at Payment

The User confirms the following facts, which form part of the basis of this Agreement:

  • (a) Payment confirmation email: The Company's automated payment confirmation email — delivered to the User's registered email address immediately upon successful payment — contains explicit KYC instructions including the required documents, submission method, submission channel, and the 24-hour compliance deadline. By completing payment, the User confirms receipt of this email and its KYC instructions. The obligation to comply with KYC arises at the moment of payment and does not depend on reading or acknowledging the confirmation email.
  • (b) Client portal KYC indicator: The client portal, accessible immediately upon account creation, displays a persistent KYC compliance status indicator. Where KYC is pending, the portal displays an explicit notification directing the User to submit. Access to the client portal is a second, independent channel of actual notice. The User cannot claim ignorance of the KYC obligation if the portal indicator is visible on login.

These two channels together constitute dual-channel actual notice. The User agrees this is adequate and commercially standard notification, and that no additional follow-up KYC communication is required to trigger the compliance obligation.

24-Hour Hard Compliance Deadline

The User must submit complete, authentic, and satisfactory KYC documentation through the designated channel within TWENTY-FOUR (24) HOURS of the earlier of payment confirmation or service activation. This deadline is hard and non-extendable by default. The 24-hour window is commercially reasonable because:

  • KYC instructions are delivered simultaneously with payment confirmation — the User has the full document list from the moment of payment
  • Infrastructure services can be misused immediately upon activation; a longer window exposes the Company, upstream providers, and third parties to harm from unverified users
  • An unverified user who activates services, causes harm, and then fails to submit KYC creates a regulatory compliance failure that cannot be remedied retrospectively
  • CERT-In Directions (2022) impose strict user identification obligations that require timely KYC completion

Required documents include government-issued photo identity proof (Aadhaar, PAN, Passport, Voter ID, or equivalent), current address proof, business registration documentation where applicable, and any additional documentation required by applicable law or Company policy. The Company may extend the deadline on a case-by-case basis at its sole discretion; no extension is implied from silence, inaction, continued provisioning, or acceptance of further payments.

Consequences of Non-Compliance Within 24 Hours

If the User fails to submit complete, authentic KYC documentation within the 24-hour window, or fails to comply with any re-verification request at any subsequent time, the following apply immediately and without further notice:

  • (a) Suspension and Termination: The Company may — without notice, warning, show-cause, cure period, or explanation — place the account in pending-compliance status, suspend all services, throttle or restrict access, disable credentials, or permanently terminate the account and all associated services. This right is exercisable at any time at the Company's compliance discretion, whether immediately or later, and no inference of waiver or estoppel arises from any delay in exercise.
  • (b) Non-Refundability of All Fees: To the maximum extent permitted by applicable law, all fees paid are non-refundable upon suspension or termination for KYC non-compliance. The User's failure to satisfy a mandatory regulatory condition precedent — of which dual-channel actual notice was given at payment — is a fundamental material breach rendering the Company's service obligations conditional through no fault of the Company. The User acknowledges this non-refundability is a reasonable and proportionate consequence of breaching a statutory compliance obligation clearly communicated at the time of payment.
  • (c) No Cure After Window: Submitting KYC after the 24-hour window does not automatically cure the original breach. The Company retains absolute discretion to accept or reject late submissions. Acceptance of a late submission does not waive rights arising from the original breach, does not restore forfeited fees, and does not prevent termination based on the original non-compliance.
  • (d) No Waiver by Conduct: Continued provisioning, acceptance of further payments, technical support, or any other operational communication after expiry of the 24-hour window is not a waiver of this clause or the right to terminate. The Company may enforce this clause at any time without explaining the timing of enforcement.
  • (e) Regulatory Disclosure: Non-submission of KYC within the prescribed period may be reported to CERT-In, law enforcement, the Data Protection Board, or other regulatory bodies as required by applicable law or internal compliance policy, without prior notice.
  • (f) Liability for Harm Caused During Unverified Period: Where the User activates services, uses infrastructure, and causes harm during the period between activation and KYC non-compliance enforcement, the User bears exclusive and unlimited liability for all such harm. The Company's inability to identify the User due to KYC non-compliance does not limit or transfer the User's liability. The User indemnifies the Company against all third-party claims, regulatory penalties, and enforcement costs arising from harm caused during any period of KYC non-compliance.
KYC DEADLINE — 24 HOURS FROM PAYMENT: KYC instructions are in your payment confirmation email and visible in your client portal at login. You have 24 hours from payment to submit valid KYC documents. Failure to comply entitles the Company to suspend or terminate services immediately without notice, and all fees paid are non-refundable as reasonable compensation for breach of a mandatory compliance condition communicated to you at the time of payment. Statutory grievance rights under Rule 3(2) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 are preserved.
§ 50

COMMERCIAL-USE PRESUMPTION, USER REPRESENTATION & CONSUMER STATUS OPT-IN PROCEDURE

From the moment of payment confirmation or service activation — whichever occurs first — a strong, rebuttable commercial presumption arises that all services are acquired and used for commercial, business, professional, organizational, entrepreneurial, technical, or operational purposes. This presumption is a material contractual term the Company relies upon in setting pricing, terms, and risk allocation.

User's Express Commercial Representation

By proceeding with payment or service activation, the User warrants to the Company that:

  • The services are being acquired and used for commercial, business, professional, or organizational purposes, not primarily for personal, household, or domestic use
  • The User has independently assessed the commercial suitability of the services and has not relied on the Company for that assessment
  • Where the User is an individual acting in a personal capacity, their primary purpose of use is commercial, entrepreneurial, or professional rather than personal or domestic
  • The Company's pricing, terms, liability limitations, and risk allocation are calibrated specifically for commercial users and would not be available on the same terms to consumer users

Consumer Status Opt-In Procedure

If any User genuinely believes their use of a specific service qualifies as personal, household, or domestic use within the meaning of the Consumer Protection Act 2019, the User must — as a condition precedent to asserting consumer status in any contractual or legal context:

  • (a) Submit a written request to [email protected] within TWENTY-FOUR (24) HOURS of payment confirmation or service activation, whichever is earlier, identifying: (i) the User's account; (ii) the specific service(s) for which personal use is claimed; (iii) a detailed description of the personal or domestic purpose; and (iv) a declaration that the use is not for any business, resale, or commercial purpose.
  • (b) Await written acknowledgment from the Company, which has sole discretion to grant, deny, or seek further information. The Company will respond within a commercially reasonable time.

Where no written opt-in request is submitted within the 24-hour window, the User is contractually deemed to have confirmed the commercial-use representation for all purposes, and this deemed confirmation is strong evidence of commercial intent in any dispute, arbitration, or civil proceeding. This operates as a contractual matter and does not purport to override any non-waivable statutory right a competent forum may determine applies.

Consequences of Rejection of Opt-In Request

If the Company declines a consumer opt-in request, the services continue to be treated as commercial infrastructure. The User's sole commercial remedy is to discontinue use, and no refund is payable for fees incurred before that discontinuance, to the maximum extent permitted by applicable law.

Preservation of Non-Waivable Statutory Rights

Nothing here purports to waive, extinguish, or exclude any non-waivable statutory protection a competent court, tribunal, or consumer forum determines applies to the User under applicable Indian law. Where such protection mandatorily applies, it does so only to the minimum extent required by law, and all remaining provisions of this Agreement continue in full force.

COMMERCIAL PRESUMPTION: All services are presumed commercial from activation. Failure to submit a consumer opt-in request within 24 hours of payment or activation constitutes a contractual confirmation of commercial intent, relied upon as evidence of commercial purpose in all contractual proceedings. This presumption operates without prejudice to any non-waivable statutory rights a competent forum may determine apply.
§ 51

MANDATORY INTERNAL DISPUTE RESOLUTION & PRE-LITIGATION NOTICE PROCEDURE

Most infrastructure disputes — billing issues, suspension actions, provisioning problems, service quality complaints, and account actions — are best resolved through direct communication before formal proceedings. Accordingly, the User agrees to comply with the following mandatory internal dispute resolution procedure as a condition precedent to initiating any contractual dispute, civil claim, arbitration demand, payment complaint, or formal legal notice arising from the services or this Agreement.

Step 1 — Mandatory Written Notice of Dispute

Before initiating any contractual dispute, civil claim, arbitration demand, payment network complaint, or formal legal notice against the Company, its directors, officers, or employees in their corporate capacity, the User must submit a written dispute notice to [email protected] containing all of the following:

  • (i) Full identification of the User, account reference number, and all relevant transaction identifiers
  • (ii) A specific and detailed description of the dispute, including exact dates, transaction amounts, service identifiers, and a chronology of events
  • (iii) The specific contractual, statutory, or legal basis of the claim, with reference to the applicable provision of this Agreement or applicable law
  • (iv) The specific remedy sought, quantified in monetary terms where applicable
  • (v) All supporting documents, evidence, screenshots, and correspondence relied upon

Step 2 — Internal Review and Cure Period

After receipt of a complete written dispute notice, the Company has a review and cure period of up to thirty (30) business days — or such shorter period as may be required by applicable law or payment network rules — to:

  • Acknowledge receipt and confirm completeness of the dispute notice
  • Conduct an internal investigation including log analysis, technical review, and evidence assessment
  • Respond in writing with the Company's findings and position
  • Propose or implement a resolution where appropriate

The User must respond promptly and in good faith to any reasonable requests for clarification during the review period. The 30-business-day period is expressly agreed to be reasonable given the technical complexity of infrastructure disputes, the need for multi-layer log retrieval and forensic analysis, and upstream coordination requirements.

Effect of Non-Compliance with Pre-Litigation Procedure

Where a User initiates a contractual dispute, civil claim, arbitration demand, or payment network complaint without prior compliance with this procedure, the Company may:

  • Raise the User's non-compliance as evidence that the claim is premature, procedurally defective, or brought without giving the Company a reasonable opportunity to investigate and mitigate
  • Apply to stay or adjourn proceedings until this procedure has been completed
  • Seek costs against the User for the expense of responding to proceedings initiated in breach of this procedure
  • Characterize the non-compliance as evidence of commercially unreasonable conduct in any subsequent dispute resolution

Where the Company determines, based on objective evidence, that proceedings were knowingly false, made in bad faith for commercial coercion, or strategically designed to cause reputational damage without genuine legal foundation, the Company may additionally seek appropriate remedies for abuse of process.

Preserved Rights — Scope of This Clause

This clause applies only to contractual, civil, arbitral, billing, and payment disputes arising from this Agreement or the services. Nothing here prevents, restricts, or creates any condition precedent to:

  • Any good-faith complaint to law enforcement, a Magistrate, or any court regarding conduct the User genuinely believes constitutes a criminal offence
  • Any emergency application for urgent legal relief where delay would cause genuine irreparable harm
  • Any complaint to CERT-In, TRAI, MeitY, the Data Protection Board, or any other regulator regarding the Company's statutory compliance obligations
  • Any right of recourse that cannot be excluded by private agreement under Indian law, including non-waivable consumer rights under the Consumer Protection Act 2019
  • Any complaint regarding a personal criminal act committed by an identified Company employee acting entirely outside the scope of their employment
PRE-LITIGATION PROCEDURE IS MANDATORY FOR CONTRACTUAL DISPUTES: Any civil claim, arbitration demand, or payment network complaint initiated without prior written notice to [email protected] and expiry of the 30-business-day review period may be raised by the Company as premature, procedurally defective, and commercially unreasonable. The Company will actively seek costs and procedural remedies in all such cases. This procedure applies to contractual and billing disputes only and does not affect non-waivable statutory rights or access to criminal justice.
§ 52

CHARGEBACK & PAYMENT DISPUTE DEFENCE — EVIDENTIAL FRAMEWORK & CONTRACTUAL RECORD

Each payment to the Company creates a documented, evidenced, and binding contractual record that the Company is entitled to rely upon in defending any chargeback, payment reversal, bank dispute, UPI complaint, RuPay dispute, credit card dispute, or payment network arbitration proceeding.

Provisioning as Conclusive Proof of Service Delivery

The following events are conclusive proof of service delivery for any payment dispute or chargeback defence, and the User agrees they constitute conclusive evidence of service provision in all proceedings:

  • (a) Credential issuance: Transmission of login credentials, API keys, activation codes, or access details to the User's registered email address or account portal, whether or not the User opens, reads, or uses them
  • (b) Resource allocation: Allocation of any server, IP address, storage volume, compute instance, telephony number, VoIP channel, SIM, or network resource to the User's account, whether or not the User actively configures or uses them
  • (c) Account activation: Activation of the User's account or service panel with live access capability, whether or not the User logs in
  • (d) DNS or network propagation: Any public-facing technical change (DNS propagation, routing announcement, IP allocation) made in connection with the User's service order
  • (e) Digital delivery records: Any automated system log, email delivery receipt, billing system record, provisioning database entry, or API response confirming service activation

Absence of subjective satisfaction, non-use of provisioned resources, post-purchase change of mind, or failure to configure or use provisioned services does not constitute non-delivery, service failure, or deficiency for any payment dispute or chargeback.

User's Contractual Commitment Against Fraudulent Chargebacks

The User warrants that they will not initiate, encourage, or facilitate any chargeback, payment reversal, or bank dispute in respect of:

  • Services that have been provisioned in accordance with the foregoing delivery framework
  • Transactions where dissatisfaction relates to service quality, configuration, or outcome rather than non-delivery
  • Transactions where the User has not first submitted a billing dispute through the Company's internal process ([email protected]) and allowed the 30-business-day review period under §51
  • Transactions where KYC non-compliance by the User contributed to service suspension or termination

A chargeback or reversal filed in circumstances that do not satisfy these conditions is a material breach. The Company may:

  • Immediately terminate all services without notice, refund, or liability
  • Permanently close the account and decline future registrations from associated identifiers
  • Decline future transactions from associated payment instruments, to the extent technically and commercially feasible
  • Submit all contractual, provisioning, and delivery evidence to the relevant payment network for chargeback defence
  • Recover from the User all chargeback processing fees, administrative costs, and reasonable legal costs as a liquidated debt
  • Report the User's conduct to credit reference agencies, payment networks, fraud prevention databases, or relevant authorities to the extent permitted by law

RBI and Payment Network Compliance

Nothing in this clause prevents the User from exercising any right to dispute an unauthorised transaction (a transaction genuinely not initiated by the User) under applicable RBI guidelines on electronic payments. The protections and obligations in this clause apply exclusively to disputes about provisioned services where the transaction was authorized by the User and the dispute concerns service quality, outcome, or satisfaction.

CHARGEBACK WARNING: Credential issuance, resource allocation, or account activation is conclusive proof of service delivery. Chargebacks filed against provisioned services are material breach of contract. The Company will submit full provisioning records to all payment networks and will recover chargeback fees, costs, and legal expenses from the User as a contractual debt. Only unauthorised transaction disputes are exempt from this clause.
§ 53

CONSUMER FORUM DEFENCE — COMMERCIAL CHARACTERISATION, JURISDICTIONAL FRAMEWORK & EVIDENTIARY RECORD

The Company's services are exclusively designed, marketed, operated, and priced for commercial, business, professional, and organisational users. This clause establishes the evidentiary and contractual framework the Company will rely upon in any consumer forum, consumer court, or consumer dispute redressal commission proceeding.

Multi-Layer Commercial Evidence Record

The following facts are acknowledged by the User as part of this Agreement, and the Company is entitled to produce this Agreement as documentary evidence in any consumer forum proceeding:

  • (a) Product nature: The User has purchased technical infrastructure services — not consumer goods or retail services ordinarily purchased for personal, household, or domestic use within the meaning of Section 2(7) of the Consumer Protection Act 2019
  • (b) Commercial representation: The User has warranted under §43 and §50 that the services are being acquired for commercial or business purposes. This written representation at the time of contracting is strong evidence against a subsequent consumer status claim
  • (c) Technical sophistication: The User has acknowledged possessing the technical competence required to manage infrastructure-level services, which is inconsistent with characterisation as a vulnerable consumer requiring special statutory protection
  • (d) Pricing and terms: The User has acknowledged that the Company's pricing is calibrated for commercial users. Commercially-priced infrastructure services are not ordinarily subject to consumer dispute jurisdiction
  • (e) Arbitration election: The User has agreed under §16 to resolve all contractual disputes through binding arbitration. The Company will apply under Section 8 of the Arbitration and Conciliation Act 1996 to refer any consumer forum proceeding to arbitration where the nature of the claim is contractual

Jurisdictional Challenge Framework

Where any User initiates proceedings before a District Consumer Disputes Redressal Commission, State Consumer Disputes Redressal Commission, National Consumer Disputes Redressal Commission, or any other consumer forum, the Company will, as standard procedure:

  • File a preliminary objection to jurisdiction on the grounds that the services are commercial infrastructure not falling within the definition of "consumer" or "consumer service" under the Consumer Protection Act 2019
  • Produce this Agreement, the User's commercial representations, provisioning records, account creation records, and technical use logs as evidence of commercial intent and service delivery
  • Apply for referral to arbitration under Section 8 of the Arbitration and Conciliation Act 1996 where the dispute is contractual in nature
  • Apply for costs against the User where the consumer forum proceeding is found to be misconceived, frivolous, or an abuse of consumer forum jurisdiction

Savings — Non-Waivable Consumer Rights

Nothing here prevents any User from approaching a consumer forum where a competent forum determines that the User qualifies as a consumer under the Consumer Protection Act 2019 and that the services fall within the Act's scope. Where such a determination is made, only the minimum mandatory statutory protections required by law apply. The Company's jurisdictional challenge rights under this clause are contractual and procedural rights, not an exclusion of substantive consumer law.

CONSUMER FORUM PROCEEDINGS: The Company will file jurisdiction objections, produce this Agreement and all commercial evidence, apply for arbitration referral, and seek costs in every consumer forum proceeding involving infrastructure services. The User's written commercial representation at the time of contracting is a matter of documentary record and will be placed before the forum in every case.
§ 54

SUSPENSION, TERMINATION & ACCOUNT ACTION DEFENCE — CONTRACTUAL AUTHORITY, EVIDENTIARY RECORD & CLAIM LIMITATION

The Company's authority to suspend, restrict, throttle, disable, or terminate any service or account is a fundamental, expressly bargained-for contractual right. This clause establishes the legal basis, evidential framework, and claim limitations the Company will rely upon in any civil suit, writ, injunction application, or damages claim arising from any account action.

Contractual Authority — Express Acknowledgment

The User agrees that:

  • (a) The Company's right to suspend, restrict, or terminate services under §3, §7, §9, §11, §49, and other provisions is an express, bilateral contractual right the User accepted at the time of contracting. No account action within the scope of these provisions constitutes a breach of contract, deficiency of service, or tortious interference.
  • (b) Infrastructure access is conditional on ongoing compliance with this Agreement, KYC requirements, payment obligations, acceptable use obligations, and applicable law. The User has no vested or property right in continued access once a condition of continued access has been breached.
  • (c) The Company's determination that grounds for suspension or termination exist is presumed reasonable and in good faith in any civil proceeding. The burden of demonstrating that the Company acted outside its contractual authority or in bad faith rests entirely on the User.
  • (d) Automated system actions — automated suspension triggers, resource limitation flags, abuse detection responses, and system-level blocks — are not wilful acts of the Company's officers or employees for tortious purposes.

No Injunction Against Account Actions

The User agrees that monetary compensation under the §42 liability cap is an adequate remedy for any loss from account actions, and that injunctions, specific performance, mandatory service restoration orders, or other equitable remedies are not appropriate for commercial infrastructure services. The User waives, to the maximum extent permitted by applicable law, any right to seek interim or final injunctive relief against the Company in connection with any suspension, restriction, or termination. Where a court declines to give effect to this waiver, the Company will vigorously contest all injunction applications on the grounds of commercial adequacy of monetary compensation and the infrastructural and regulatory consequences of compelling service restoration.

Limitation of Civil Claims Arising from Account Actions

Any civil claim for loss arising from a suspension, restriction, or termination is subject to the following limitations:

  • (a) Liability cap: All claims are subject to the §42 aggregate cap — the fees actually paid for the affected service in the 30 days preceding the account action
  • (b) No consequential loss: The Company is not liable for loss of revenue, data, business, reputational harm, downstream customer claims, or any consequential loss from account actions, as excluded under §42
  • (c) Mitigation obligation: The User must mitigate all losses from any account action, including by maintaining backups and alternative infrastructure. The Company is not liable for loss that reasonable mitigation would have prevented.
  • (d) Limitation period: Any civil claim from a suspension, restriction, or termination must be formally notified to the Company under the §51 pre-litigation procedure within SIXTY (60) CALENDAR DAYS of the relevant account action. Claims notified later are time-barred under this Agreement to the maximum extent permitted by applicable law, as delayed notification materially prejudices the Company's ability to investigate, preserve evidence, and mitigate.
  • (e) Good faith defence: Where the Company suspended or terminated services in response to abuse reports, law enforcement requests, regulatory directions, upstream provider instructions, payment fraud flags, or automated compliance systems, such action is conclusively presumed to have been taken in good faith in the reasonable exercise of the Company's compliance and operational obligations.

Data After Termination

After termination, the Company's obligations regarding User data are governed by §11. The User is not a data custodian or backup provider. The User is solely responsible for maintaining copies of all data hosted on the Company's infrastructure, and no liability arises from deletion of User data following the periods specified in §11.

SUSPENSION & TERMINATION CLAIMS: Account actions are an express contractual right. No injunction will be granted. All damages are capped at §42 limits. Consequential and indirect losses are excluded. Civil claims must be notified within 60 days of the account action. The User bears the burden of proving bad faith. The Company will vigorously contest all injunction applications and civil suits arising from account actions.
§ 55

PAYMENT IDENTITY MISMATCH, KYC FRAUD & VERIFICATION FAILURE — IMMEDIATE ENFORCEMENT & FEE FORFEITURE

The User warrants that the identity in KYC documentation, the name on the payment instrument used to purchase services, and the account registration details are all consistent, authentic, and attributable to the same verified individual or legal entity. Any discrepancy, inconsistency, or mismatch between these identity layers — whether discovered at onboarding or later — is a fundamental material breach and a violation of the Company's statutory KYC obligations.

Triggering Events — Mismatch and Fraud Scenarios

Each of the following independently triggers immediate enforcement:

  • (a) Name mismatch: The name on the KYC document does not match, or is materially inconsistent with, the name registered to the UPI ID, bank account, credit card, debit card, wallet, or other payment instrument used for payment
  • (b) Third-party payment instrument: Payment is made using an instrument registered to a person or entity other than the User identified in the KYC documents, without prior written disclosure and written approval from the Company
  • (c) Forged, altered, or fabricated KYC: The KYC document submitted is found to be forged, digitally altered, fabricated, expired, cancelled, or otherwise inauthentic, at any time after submission
  • (d) KYC belonging to another person: The KYC document belongs to a real person other than the User, whether or not that person's identity details are technically accurate in the document
  • (e) Payment instrument reported fraudulent: The payment instrument used is subsequently flagged or confirmed by the issuing bank, NPCI, RBI, or any law enforcement or regulatory authority as fraudulent, stolen, compromised, or associated with financial crime
  • (f) Verification reversal: KYC accepted as valid at onboarding is subsequently found to be false, inconsistent, or fraudulent through re-verification, database cross-check, regulatory direction, law enforcement advice, or other means
  • (g) Beneficial ownership concealment: The User used the identity of a third party — including a family member, employee, agent, or nominee — to register the account while the actual beneficial user or controller is a different, undisclosed person

Immediate Consequences — No Notice Required

Upon any triggering event, the following apply immediately, automatically, and without notice, show-cause, warning, or opportunity to remedy:

  • (a) Immediate account suspension and termination: The Company may immediately suspend all access, disable credentials, revoke allocated resources, and permanently terminate the account and all associated services. This right is exercisable at any time, including retroactively on discovery of a mismatch that existed at onboarding.
  • (b) Total and permanent forfeiture of all fees: All fees paid — including setup fees, subscription fees, advance payments, and deposits — are immediately and irrevocably forfeited in their entirety. No refund, pro-rata credit, reversal, or compensation will be provided. The User acknowledges this total forfeiture is reasonable and proportionate given that identity fraud or misrepresentation undermines the Company's entire regulatory compliance framework and exposes the Company to statutory liability under the IT Act 2000 and CERT-In Directions (2022).
  • (c) Permanent account closure and blacklisting: The account is permanently closed. All future service applications from associated identifiers — email address, identity documents, phone numbers — will be declined. Where a triggering event involves fraud or impersonation, this restriction may extend to identifiers associated with the discovered true identity.
  • (d) Preservation and disclosure of evidence: The Company will preserve all payment records, KYC documents, IP logs, provisioning records, and usage data and will disclose them to CERT-In, the relevant payment network, the issuing bank, law enforcement, or other regulatory authorities as required by law or compliance obligations, without notice to the User.
  • (e) Recovery of costs and damages: Where the Company incurs regulatory penalties, chargeback fees, investigation costs, legal costs, or third-party claims from the User's identity mismatch or KYC fraud, the User is liable for all such costs. Recovery may be pursued by all available legal means, in addition to the forfeiture under sub-clause (b).
  • (f) Criminal and regulatory referral: Where the triggering event involves forgery, impersonation, stolen identity, or financial fraud, the Company may file a complaint with law enforcement, the Cyber Crime Division, CERT-In, the Financial Intelligence Unit, or any other relevant authority, and will cooperate fully with any resulting investigation.

No Chargeback Rights Upon Mismatch

Where a triggering event has occurred, the User waives any right to initiate a chargeback, payment reversal, or bank dispute in respect of fees paid. The Company will produce the identity mismatch evidence, this Agreement, and the User's forfeiture acknowledgment to the relevant payment network in defence of any such chargeback. A chargeback filed in these circumstances is an additional independent breach, and the Company will pursue all available remedies including recovery of chargeback processing fees as a contractual debt.

Good-Faith Exception — Disclosed Third-Party Payment

Where a User legitimately uses a third party's payment instrument — for example, a business paying through a company account, a family member paying on behalf of a student, or an agent paying on behalf of a client — and this is disclosed in writing to the Company at the time of payment with full identification of both the paying party and the account beneficiary, and the Company gives written approval, such arrangement does not trigger this clause. Undisclosed third-party payments are not eligible for this exception regardless of the User's stated reason.

IDENTITY MUST MATCH ACROSS KYC AND PAYMENT: Your KYC documents and your payment instrument must belong to the same verified person or entity. Any mismatch — name difference, third-party UPI, forged document, or fraudulent payment instrument — results in immediate account termination, permanent forfeiture of all fees paid, and mandatory disclosure to payment networks, CERT-In, and law enforcement. There is no refund, no cure period, and no appeal. If you are paying on behalf of someone else, you must disclose this in writing and obtain written approval before completing payment.
§ 56

DIGITAL EVIDENCE PRE-AUTHENTICATION — SECTION 65B INDIAN EVIDENCE ACT 1872

The User acknowledges that the Company's automated infrastructure systems generate, record, and store logs, records, metadata, billing data, provisioning records, access timestamps, authentication events, IP assignment records, usage statistics, API call records, communication metadata, and system event data in the ordinary course of automated operations, with no human intervention in their creation.

Section 65B Advance Certification — User Acknowledgment

For the purposes of Section 65B of the Indian Evidence Act 1872, and any other evidentiary provision under applicable law, the User acknowledges and certifies that:

  • (a) The Company's computer systems and servers were, at all material times, operating properly and in regular use for the lawful purpose of providing infrastructure services
  • (b) The electronic records produced by those systems — billing records, provisioning logs, access logs, IP assignment records, authentication records, usage records, API logs, and any other system-generated record — were produced in the course of ordinary functioning and accurately record the activities they purport to record
  • (c) The information in such records was regularly fed into the Company's computer systems in the ordinary course of infrastructure operations
  • (d) The User has no independent basis to challenge the authenticity, accuracy, or integrity of any system-generated record produced in connection with the User's account or activities, absent specific and particularised evidence of system malfunction affecting the specific record in question
  • (e) This acknowledgment is a standing advance admission by the User for all proceedings — civil, criminal, arbitral, consumer, regulatory, or otherwise — in which the Company produces its system records as evidence

The User waives, to the maximum extent permitted by applicable law, any right to challenge the admissibility of the Company's system-generated records solely on the ground that no Section 65B certificate has been issued at the time of production. This does not prevent the User from challenging the accuracy of a specific record on specific, particularised grounds, but does prevent a general or technical challenge to admissibility based solely on certification formalities.

SYSTEM LOGS ARE PRE-AUTHENTICATED EVIDENCE: By using the services, you have acknowledged that the Company's system-generated records accurately record your account activity. In any dispute, chargeback, civil claim, or criminal proceeding, the Company's logs are admissible evidence under Section 65B of the Indian Evidence Act 1872 by virtue of your advance admission in this clause. You cannot challenge their admissibility on technical grounds.
§ 57

AI, MACHINE LEARNING & AUTONOMOUS SYSTEMS — STRICT USER LIABILITY FRAMEWORK

The Company's infrastructure may be used for AI model training, inference, deployment, and hosting; machine learning workloads; large language model (LLM) operations; autonomous agent systems; automated decision-making pipelines; data scraping and processing; robotic process automation; and related workloads. The User assumes exclusive, unlimited, and non-delegable legal responsibility for all such workloads and their outputs.

Prohibited AI and Autonomous System Uses

The following are prohibited and constitute material breach:

  • Training, fine-tuning, or running models on datasets containing personal data without all required consents, lawful bases, and Data Fiduciary obligations under the Digital Personal Data Protection Act 2023
  • Training models on copyrighted content, proprietary data, or third-party intellectual property without authorisation from the rights holder
  • Deploying AI systems that generate, distribute, or facilitate illegal content including child sexual abuse material, non-consensual intimate imagery, or content inciting violence or terrorism
  • Operating autonomous agents or bots that access third-party systems, APIs, or networks without authorisation
  • Deploying AI systems for mass surveillance, unauthorised profiling, or tracking of individuals without their knowledge or lawful authority
  • Using Company compute to generate deepfakes, synthetic media, or AI-generated content designed to defame, defraud, or impersonate real individuals
  • Operating automated trading systems, market manipulation bots, or financial fraud automation
  • Deploying AI systems that autonomously initiate, execute, or process financial transactions, communications, or legal acts on behalf of third parties without disclosed authorisation

User's Liability for AI Outputs

The User is the sole legal operator and publisher of all outputs generated by AI or automated systems deployed on Company infrastructure. The Company is not the publisher, creator, endorser, or distributor of any AI-generated content produced through its infrastructure. The User bears exclusive liability for:

  • All outputs generated by AI models running on Company infrastructure, regardless of whether they were intended, foreseeable, or within the User's direct control
  • All data processed, scraped, stored, or used in AI training or inference operations
  • All regulatory obligations applicable to AI systems under current and future Indian law, including any obligations under proposed AI regulation frameworks
  • All copyright, data protection, privacy, defamation, and intellectual property claims arising from AI training data, model weights, or generated outputs
  • All downstream harm caused by autonomous systems or AI agents deployed on or through Company infrastructure
AI WORKLOADS — FULL USER LIABILITY: You are the sole legal operator of any AI, ML, or autonomous system deployed on Company infrastructure. You are solely liable for all outputs, training data, regulatory compliance, and downstream harm. The Company is a neutral compute provider and bears no liability for AI-generated content or autonomous system actions from your infrastructure allocation.
§ 58

LIQUIDATED DAMAGES FOR SPECIFIC BREACH CATEGORIES — USER LIABILITY TO COMPANY

The §42 liability cap applies exclusively to the Company's liability to the User. It does not limit the User's liability to the Company. The User pre-agrees to pay the following liquidated damages to the Company upon the relevant breach, acknowledged as genuine pre-estimates of actual loss — not penalties:

  • (a) Fraudulent chargeback against provisioned services (§52): ₹15,000 per incident, plus all chargeback processing fees, bank fees, and reasonable legal costs actually incurred — recoverable as a liquidated debt
  • (b) KYC fraud, identity mismatch, or payment identity fraud (§55): ₹25,000 per incident, plus all regulatory compliance costs, investigation costs, and any penalties imposed on the Company by any regulator arising from the User's identity fraud — recoverable as a liquidated debt regardless of whether criminal proceedings are also initiated
  • (c) Deliberate prohibited activity causing third-party complaint or regulatory investigation (§9): ₹20,000 per incident plus all costs of responding to, cooperating with, and resolving any regulatory investigation, law enforcement inquiry, or third-party legal claim arising directly from the User's prohibited activity
  • (d) Abuse of infrastructure causing upstream provider action against the Company: ₹10,000 per incident plus all costs, penalties, and relationship repair expenses incurred with upstream providers, IP transit providers, data centre operators, or network peers
  • (e) Non-compliance with §51 pre-litigation procedure causing the Company to defend premature proceedings: ₹8,000 per proceeding plus all legal costs and filing fees incurred in seeking to stay, dismiss, or adjourn proceedings initiated in breach of §51

These amounts are cumulative and not mutually exclusive. Multiple breach categories arising from the same facts each independently attract their respective liquidated damages. The Company's right to recover liquidated damages is in addition to, and does not replace or limit, any other right to damages, injunction, or enforcement. The User acknowledges that the amounts stated are reasonable pre-estimates of actual loss given the Company's regulatory obligations, reputational interests, and operational costs in each scenario.

YOU MAY OWE THE COMPANY MONEY: The liability cap protects the Company from your claims. It does not protect you from the Company's claims against you. Fraudulent chargebacks, KYC fraud, prohibited activity, and infrastructure abuse each attract pre-agreed liquidated damages payable by you to the Company, recoverable as a contractual debt in addition to all other remedies.
§ 59

COMPROMISED INFRASTRUCTURE & INVOLUNTARY ABUSE — CONTINUING USER RESPONSIBILITY

The User acknowledges that infrastructure services — VPS, dedicated servers, networking, APIs, VoIP — can be compromised or hijacked by third parties, resulting in the provisioned infrastructure being used as a source of spam, DDoS attacks, botnet activity, port scanning, credential stuffing, phishing, or other harmful activity without the User's participation. The User remains legally responsible for all traffic, content, and activity originating from their provisioned infrastructure regardless of whether it was initiated by the User or by a third party who gained unauthorized access.

Immediate Notification Obligation

Upon becoming aware, or having reasonable grounds to believe, that any provisioned infrastructure has been compromised, the User must:

  • (a) Notify the Company immediately and in any event within TWO (2) HOURS of discovery by email to [email protected], providing full account details, a description of the suspected compromise, and any available technical indicators
  • (b) Take immediate steps to isolate, contain, and remediate the compromise, including revoking compromised credentials, isolating affected instances, and engaging incident response measures
  • (c) Cooperate fully with the Company's investigation and any measures the Company takes to protect its network and other users

Liability Before and After Notification

  • Before notification: The User bears full and unlimited liability for all harm caused by traffic or activity from their compromised infrastructure during the period before notifying the Company, regardless of awareness of the compromise. The duty to monitor for anomalies and promptly detect compromise is non-delegable.
  • After timely notification: Where the User has notified the Company within the 2-hour window and has cooperated with remediation, the Company will work with the User to mitigate ongoing harm. Liability for harm after timely notification and active cooperation may be assessed having regard to the User's security posture and response effort, though the User retains primary responsibility as the account holder.
  • Failure to notify: Failure to notify within 2 hours of discovery, or continued operation of compromised infrastructure without notification, is an independent breach of this Agreement. The Company may suspend or terminate services immediately on detecting abuse from the User's infrastructure without waiting for notification.
"I WAS HACKED" IS NOT A COMPLETE DEFENCE: If your server is compromised and used to attack others, you remain responsible for all harm caused before you notified us. You must report any suspected compromise to [email protected] within 2 hours of discovery. Failure to report is an independent breach. We may suspend your services the moment we detect abuse from your infrastructure.
§ 60

ACCOUNT CREDENTIAL SHARING, UNAUTHORISED ACCESS GRANTS & BENEFICIAL USE PROHIBITION

Account credentials, login details, API keys, SSH keys, control panel access, and VPN credentials are issued exclusively to the verified, KYC-compliant User named on the account. These are personal, non-transferable, and non-shareable except under a registered reseller agreement with the Company.

Prohibited Sharing and Access Grants

Each of the following is an independent material breach:

  • Sharing, distributing, publishing, selling, or otherwise transferring account credentials, API keys, SSH access, or control panel access to any third party not registered as the account holder
  • Allowing any person other than the registered, KYC-verified account holder to access, operate, or benefit from any provisioned service without disclosure to and written approval from the Company
  • Purchasing services at individual pricing and making them available commercially to multiple end-users without registering as a reseller
  • Using a single account to provide hosting or infrastructure services to third parties in a way that circumvents the reseller registration and KYC requirements
  • Registering an account in one person's name for the primary benefit and use of a different, unregistered person — including registering under an employee's name for a director's use, or under a nominee's name for a beneficial owner's use — without written disclosure

Consequences and Continuing Responsibility

The registered account holder remains exclusively and fully liable for all activity, content, traffic, and compliance obligations arising from any use of their account, whether by themselves or by anyone to whom they have granted access. Granting access to a third party does not transfer or dilute the account holder's liability. Where unauthorised sharing is discovered, the Company may immediately terminate the account, forfeit all fees, and apply §55 and §58 remedies as appropriate.

ONE ACCOUNT = ONE VERIFIED USER: Your credentials are for your use only. Sharing your control panel, SSH access, or API keys with others is a breach. If you want to provide hosting services to others, register as a reseller. You remain responsible for everything done through your account by anyone you give access to.
§ 61

SANCTIONS SCREENING — USER SELF-CERTIFICATION & RESTRICTED PERSON PROHIBITION

By using any service, the User warrants to the Company — at the time of account registration and on each occasion of renewal or use — that:

  • The User is not, and is not acting on behalf of, any person or entity named on any sanctions list maintained by the UN Security Council, US OFAC, the EU, the Government of India, or any other competent sanctions authority
  • The User is not a resident, national, or incorporated entity of any country subject to comprehensive sanctions or trade restrictions under applicable Indian law or the laws of any jurisdiction whose sanctions India recognises
  • The User is not using the services, directly or indirectly, to benefit any sanctioned person, entity, or jurisdiction
  • The User will immediately notify the Company if any of the foregoing becomes untrue during the term of their use of the services

Any false certification, or any use of services in breach of applicable sanctions or trade controls, is immediate grounds for account termination, forfeiture of all fees, mandatory reporting to relevant authorities, and unlimited liability to the Company for all resulting consequences. This obligation supplements and does not replace the obligations in §31.

SANCTIONS SELF-CERTIFICATION: By using our services you certify that you are not a sanctioned individual or entity and are not acting on behalf of one. False certification results in immediate termination, fee forfeiture, and mandatory regulatory reporting.
§ 62

TOS ACCEPTANCE RECORD — CONTRACTUAL ESTOPPEL & VERSION BINDING

The Company's onboarding and payment systems automatically record, at the time of each account registration, payment, and service activation, the following acceptance evidence:

  • The IP address from which the acceptance action was taken
  • The date and timestamp (IST) of the acceptance action
  • The version identifier of the Terms of Service in force at the time
  • The specific user action constituting acceptance (account registration click-through, payment confirmation, or service activation)
  • Device and browser metadata associated with the acceptance session, where technically available

The User acknowledges and agrees that:

  • These acceptance records are conclusive proof of the User's acceptance of the specific Terms version in force at the time recorded, for any proceeding in which the fact of acceptance is in issue
  • The User is bound by the version recorded as accepted and cannot dispute acceptance on the grounds of not reading, not understanding, or not being aware of specific provisions — it is the User's responsibility to read this Agreement before proceeding
  • These records are electronic records within the meaning of Section 65B of the Indian Evidence Act 1872 and are pre-authenticated under §56
  • Where the Company produces acceptance records in any proceeding, the User bears the burden of specifically identifying and particularising any alleged inaccuracy
YOUR ACCEPTANCE IS ON RECORD: When you registered, paid, or activated a service, our systems recorded your IP address, timestamp, and the exact version of these Terms you accepted. You cannot later claim you never agreed to these Terms. The record is conclusive evidence of your acceptance.
§ 63

SOCIAL ENGINEERING, IMPERSONATION ATTACKS & CREDENTIAL SECURITY

The User acknowledges that social engineering, phishing, vishing, impersonation, and credential theft are inherent risks in any online environment, and accepts exclusive responsibility for protecting their account against them.

Company-Side Protection

The Company will never:

  • Request the User's full password, SSH private key, or two-factor authentication code via email, phone, chat, or any channel other than the secure client portal login process
  • Make unsolicited requests for payment via any channel other than the official billing system in the client portal
  • Direct Users to make payments to personal bank accounts, personal UPI IDs, or any payment destination other than the Company's official payment gateway

Where a person claiming to represent the Company contacts the User and requests any of the above, report it immediately to [email protected].

User-Side Responsibility and No-Liability Clause

The Company bears no liability for any loss, data breach, account compromise, service disruption, or financial harm arising from:

  • The User disclosing credentials, one-time passwords, or account access to any person claiming to be Company support, through any channel
  • The User making payments in response to impersonation communications to payment destinations not matching the Company's official payment gateway
  • Third-party impersonation through lookalike domains, fake email addresses, fake social media accounts, or fake phone numbers
  • The User falling victim to phishing attacks directing them to fake Company login pages or payment portals

In all such cases, the loss falls entirely on the User. The Company recommends always accessing services exclusively through connectquest.co.in and verifying all payment requests directly in the client portal before making any payment.

PROTECT YOUR CREDENTIALS: We will never ask for your password or OTP outside the client portal. If anyone claiming to be ConnectQuest support asks for this information or directs you to a different payment destination, it is a scam. Report it to [email protected]. We are not liable for losses from social engineering attacks on your account.
§ 64

BRAND PROTECTION, REPUTATIONAL HARM & UNAUTHORISED ASSOCIATION PROHIBITION

Connect Quest HyperCloud Hosting's brand name, trademarks, logos, domain names, and commercial reputation are valuable commercial property. The User agrees that:

  • No public statement, online posting, media communication, social media post, review, or communication may falsely imply the Company's endorsement, approval, participation, or support for any activity not expressly authorized by the Company
  • No domain name, social media handle, app name, or identifier incorporating or closely resembling the Company's name, trademarks, or brand identifiers may be registered or used
  • Company infrastructure may not be used to host phishing sites, credential harvesting pages, or deceptive content impersonating the Company, any financial institution, government body, or any other entity
  • Where the User is terminated for prohibited activity, no public statements may attribute that activity to the Company's facilitation, endorsement, or knowledge
  • The User's service relationship with the Company may not be used as a commercial credential, endorsement, or reference without the Company's prior written consent

Any breach of this clause causing reputational, commercial, or brand damage to the Company entitles it to seek injunctive relief, damages, and costs — including for defamation, passing off, trademark infringement, and tortious interference with business — without being subject to the §42 liability cap, since brand and reputational damage falls outside the scope of the infrastructure liability cap.

DO NOT MISUSE OUR BRAND: You may not falsely associate ConnectQuest with your activity, register lookalike domains, or use our name as an endorsement without permission. Brand and reputational damage claims are not subject to the liability cap — the Company will pursue full damages for brand abuse.
§ 65

ACCOUNT SUCCESSION, DEATH, INCAPACITY & ENTITY DISSOLUTION

This Agreement is personal to the User. Rights, licences, and service access are non-transferable and non-heritable without the Company's prior written consent.

Death of Account Holder

On the death of an individual account holder, the account does not automatically transfer to any heir, executor, or legal representative. Instead:

  • The Company will continue operating services and processing renewal payments until notified of the account holder's death in writing with supporting documentation (death certificate and proof of representative's authority)
  • On receiving verified notification, the Company will suspend new billing, preserve account data for sixty (60) days, and provide the legal representative access to export data subject to verification of their authority
  • After sixty days, or on instruction from the legal representative, the account will be closed and data disposed of under §11
  • No service access, account transfer, or continued provisioning will be granted to any third party without a court order or grant of probate establishing their authority

Incapacity

Where an account holder becomes legally incapacitated, the Company requires a valid power of attorney, court order, or equivalent legal instrument before recognising any third party's authority over the account. Until such documentation is provided, only the account holder's registered credentials will be recognised for account access.

Entity Dissolution or Insolvency

Where the User is a company, LLP, partnership, or other legal entity and that entity is struck off, dissolved, wound up, placed in insolvency proceedings, or ceases to legally exist, the account is treated as abandoned. The Company may immediately terminate services and dispose of data per §11. No insolvency practitioner, liquidator, or creditor of the User entity acquires any right to the services or data without a court order directed to the Company.

ACCOUNTS ARE PERSONAL AND NON-TRANSFERABLE: Services cannot be inherited, transferred, or assigned without written consent. If an account holder passes away, notify us with documentation and we will provide 60 days for data export before closure. Entity dissolution results in immediate account termination.
§ 66

CRYPTOCURRENCY & ANONYMOUS PAYMENT — PROHIBITION & ENHANCED KYC FRAMEWORK

The Company accepts only KYC-linked, identity-attributable payment instruments including UPI, bank transfer (NEFT/RTGS/IMPS), debit cards, credit cards, and payment wallets — all of which must be registered to the verified account holder under §55.

Cryptocurrency — Default Prohibition

Payment by cryptocurrency, digital asset, stablecoin, or any pseudonymous or anonymous payment mechanism is not accepted through the standard payment gateway and is prohibited unless the Company has issued written approval for a specific transaction following enhanced KYC procedures. Attempted cryptocurrency payment through unauthorized channels is not valid payment and creates no service obligation.

Anonymous and Privacy-Enhanced Payment Methods

Any payment method that obscures, anonymises, or prevents attribution to the verified KYC identity of the account holder — including privacy coins, tumbled cryptocurrency, prepaid anonymous cards, third-party payment proxies, and gift card payments — is prohibited under §55. Such methods are treated as a payment identity mismatch and trigger all consequences under §55.

Rationale

This prohibition exists because the Company's statutory KYC obligations under CERT-In Directions (2022) and the IT Act 2000 require attributing all services to a verified, identified user. Pseudonymous payment methods destroy that payment-to-identity link and create unacceptable regulatory risk. This is a compliance-driven restriction.

CRYPTO PAYMENTS NOT ACCEPTED: We only accept UPI, bank transfer, debit/credit cards, and wallets linked to your verified identity. Cryptocurrency and anonymous payment methods are prohibited. This is a CERT-In compliance requirement, not a choice.
§ 67

UNAUTHORISED RESALE & INTERNATIONAL ARBITRAGE PROHIBITION

The Company's services are priced for the Indian market and offered to Users in India under Indian regulatory conditions. The following are prohibited without prior written approval as a registered reseller:

  • Purchasing services at Indian domestic pricing and reselling, subletting, subleasing, or otherwise making them commercially available to persons or entities outside India at a markup or for profit
  • Purchasing services in bulk or at standard rates and redistributing them to multiple end-users under any commercial arrangement, whether or not the User charges those end-users directly
  • Using a single account to provide infrastructure services to more than three distinct end-users or business entities simultaneously without reseller registration
  • Representing to any third party that they are receiving services directly from the Company when they are in fact receiving services through a sub-account or unauthorised shared arrangement

Authorized resellers operating under a registered reseller agreement are exempt to the extent of their registered reseller activities. Any reseller activity outside the scope of a registered reseller agreement triggers §60 and §58 remedies.

NO UNAUTHORISED RESALE: You may not resell our services to others without a registered reseller agreement. Buying at Indian pricing and reselling internationally or to multiple users without registration is prohibited and triggers liquidated damages under §58.
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