Terms of Service

VTXSOFT Service Level Agreement is a manifestation of 4-official commitments towards providing unmatched levels of customer service and Technical Support. Our technical support team has proven expertise in keeping our all services and servers operational at best levels along with quality and instant best possible solutions to our clientele. Our Service Level Agreement (SLA) ensures you to get a promised service and quality support within assigned time.

The Service Level Agreement published below here is applicable for all our service customers. A Client’s application eligibility for performance credits or refunds will be determinable based on Webhosting VTXSOFT in-house monitoring system statistics and the customer shall abide by it and accept the integrity of all such measurements.

Following are the definitions and terms of the Service Level Agreement.

The VTXSOFT Network would include all features, add-ons, service and support, software and applications used in-house, which are in use at any given time by VTXSOFT to provide managed service to its customers.

I. Managed Dedicated Service
  1. Round-The-Clock Technical Support: - Webhosting VTXSOFT technical support team will be on standby to assist customers at any time i.e. 24 *7 and 365 Days in year including national holidays. We do not charge customers for any technical support tasks or trouble-shooting.
  2. Server Account Security: – VTXSOFT will provide security on the overall Hosting and Service Account level at the datacenter / Network Operations Center to all its dedicated server customers. This security cover is inclusive of maintenance of all Tier III carrier links, intensive and regular network scans, ensuring security at router and switch levels and managing the overall connectivity of the NOC to streamline and enhance the performance of the individual servers.
  3. Server Level Monitoring: - All servers will be participants of the extensive and state-of-the-art service and port monitoring system which is deployed by VTXSOFT where up to eight Port/Services/Daemons can be monitored per server. This system performs a standard check of all active ports and services functional on the server after every five minutes. A flag is raised which determines that either a service or a port has failed (recognized by the system) when the monitoring algorithm trips or does not receive a response from the respective server. VTXSOFT will make each and every attempt to restart services which have failed. However, it will be the customer’s prerogative to provide a plan or layout of procedural routine to be followed during such times. The server’s customer has to define the operational steps which they wish to be followed at times of a service or port failure.
  4. Advanced Support: – This is a support package which customers get to use every month. Every dedicated server customer is allotted 7.2 hours per month as advanced support hours which they can use at any time they have a need for it. Similarly, Every VPS server customer is allotted 3.6 hours per month as advanced support hours which they can use at any time they have a need for it. Customers can request for server trouble-shooting, software installations / configurations/ server tweaks / performance checks and any other task which they feel requires the technical support team’s assistance.
  5. Server Protection: – This includes antivirus protection as well as firewall based security. VTXSOFT classifies “server anti-virus” as file based anti-virus software which when installed on the customer’s server affords protection against Trojans and malicious viruses. The anti-virus program will be modernized / updated on routinely and on all such occasions will also include a full scale scan of the server on which it is installed. Regular updates / alerts / information regarding any such viral content will be passed on to the customer for their reference. All such content would be systematically deleted / quarantined only on the customer’s request.
  6. VTXSOFT also has a dedicated and secure firewall based solution which when incorporated enhances the safety and greatly diminishes the vulnerability of your servers. A properly configured dedicated firewall affords complete security against external threats. VTXSOFT delivers this service only on request from the customer at additional charges.
  7. General Server Examination: - VTXSOFT would happily accepts any request from customers to examine and monitor their server. This examination would cover resource usage, i.e. consumption of hard-disk space, memory usage, processor load levels, bandwidth usage and any other general configuration of the OS or the hardware of the server. All such requests are carried out by an highly technical expert who is not less than level II. At the end of an examination, an up-to-date rating of your server’s performance would be provided and suggestions / recommendations (if required) would be put forth to the client for their consideration.
  8. VTXSOFT also review of your bandwidth usage over select time periods. Every server is allotted a pre-defined amount of bandwidth to their server. The counter is set to zero at the beginning of each cycle. Customers may request for these bandwidth usage graph to be enabled on their individual server without any extra cost by contacting the technical support department. In the eventuality of a customer exceeding their monthly bandwidth allocation, overage charges would be levied based on the quantum of the additional bandwidth used.
  9. Miscellaneous Server Maintenance: – Support activities such as operating system updates, patching of operating systems, and installations of security patches, service packs, hot fixes and kernel updates are a part of the miscellaneous server maintenance service which is done on an uninterrupted basis from time to time after fixed intervals. Miscellaneous maintenance is also inclusive of installation / configuration of Intrusion Detection Systems (IDS) that are used to sniff out data packets transferred over our network which helps advanced understanding of the activities occurring on your server. Typically, an ID distinguishes the various network packets which make up the traffic to and out of your server on pre-defined ports, and also drop harmful malicious network packets approaching your server.
  10. All servers on the Linux platform will have one of the following IDS installed on them. Servers on the windows platform would be protected by Black ICE and inbuilt Advance Microsoft windows Defender.
  11. VTXSOFT makes every attempt to send prior notifications & post updating notices whenever possible, however these cannot be guaranteed.
II. Service Definitions

  1. Service Accessibility:– This is termed as the availability and accessibility of the server over a calendar month, wherein it is assumed that the customer has internet connection from their place of access. Webhosting VTXSOFT network facilities would be available for use at any time without any major interruptions (not including minor latency) for 100% of time every month. However, any disruption on account of problems relating to an upstream provider shall not be considered as an interruption.
  2. Downtime: – VTXSOFT classifies downtimes in two categories namely (i) Service Downtime and (ii) Maintenance Downtime
    1. Service Downtime is a period of previously unplanned interruption of services wherein the customer is unable to access the VTXSOFT Service Network and /or the server. Such an interruption should have been caused as a result of a problem / snag / issue within the immediate network segments of VTXSOFT and should have been confirmed by the company. Downtime is measured as the sum of all the period(s) (in case there has been more than one such instance) within a calendar month. For any such period of service unavailability, the technical support and services staff of VTXSOFT would be on stand-by to assist, provide information and update customers.
      Any downtime which is fallout of using external / third-party software and / or applications by the customer will not be calculated by VTXSSOFT. The customer shall indemnify VTXSOFT of any such incident. VTXSOFT shall not be liable to give any credit / refund in such cases.
    2. Maintenance Downtime is the period when Webhosting VTXSOFT networks and / or the customer’s servers may be down or not reachable owing to maintenance and / or repair work being performed by the VTXSOFT engineers and administrators. Customers will be given prior information at least 24 hours before such an activity is undertaken. Such a communication shall be carried out through emails and / or the community forum. VTXSOFT shall make every feasible attempt to carry out such maintenance activity within a time window best suitable to the customer, however there is no guarantee of this happening.
  3. Service Monitoring: - VTXSOFT provides a unique service wherein customers can have the TCP/IP based services and applications / softwares analyzed through an internal monitoring system. For any such server to be inducted into the internal monitoring system, the technical support team has to be in possession of a genuine, administrative access to resolve any failures in the service or operating system. In case, administrative access is not available, VTXSOFT shall not be held responsible for any downtime or inaccessibility which arises because of such an eventuality.
  4. Chargeable System Administration: - Any /every configuration or installation, performance tuning or trouble-shooting of any kind which involves accessing the customer’s server and is not part of our Server Management plan, would be termed as chargeable system administration.

III. Performance Credit
  • In the event of VTXSOFT not being able to offer 99.98% network uptime for the particular calendar month, a performance credit will be given to the customer’s account. Such downtime would be measured from the time customer raises a trouble ticket up until the server is once again able to send and receive data packets. A credit of 5% of the monthly hosting charges would be given for every single 30 minute period of downtime. At no point of time shall the total credit exceed the amount paid as one month’s hosting fee by the customer.
  • A performance credit shall not be payable unless you request it within 40 days of the end of the calendar month in respect of which the Uptime Service Level was not met.”
IV. Exclusions of Service

  1. Downtime caused or occurring as a result of the following actions / activities shall not be considered under this Service Level Agreement.
    1. Issues / Factors / Causes outside the immediate purview of VTXSOFT
    2. Pre-Announced scheduled maintenance downtime
    3. Customer’s Local Area Network (LAN)
    4. Softwares / Access Limitations / within the customer’s local and internal network environment which includes but is not limited to local area workstations, firewall – both hardware and software, anti-virus / spyware programs, bandwidth shaping and configuration devices or any other such software / tool / virtual device.
    5. Any end-user software or the customer’s internet connection
    6. Downtime or interruption to service as a result of a DoS or DDoS Attack, SYN, Port Flood, SQL Injection or similar
  2. VTXSOFT shall not be held liable to give credit or offer compensation for any failure / delay / interruptions which occur as a result of the customer, the customer’s employees / agents / contractors (sub-contractors). The instances for such occurrences include but are not limited to;
    1. Operating system / Software / Applications associated issues.
    2. Any resource abuse / server overload / over utilization of resources on the server
    3. Improper / inaccurate / erroneous configuration of any software
    4. Wrong / non-compliant usage of installed softwares
    5. Issues / complications / problems arising out of operating system exploits, corruption of the OS or its binaries, service exploits, hacking or bandwidth-based attack of any nature and intensity
  3. Downtime or turn-around times taken up by any Chargeable System Administration work performed which includes additional support tasks done on the servers by Webhosting VTXSOFT technical support team and is not a part of the standard Server Management Services shall be excluded from the calculation for “Performance Credit”.

V. Hardware Peripherals & Terms

  1. Server: – The assembly of a processor (s), memory (RAM), hard-disk(s), Network Interface Card (NIC), motherboard together would be termed as a “server”.
  2. Hardware Replacement: – All such replacements shall be done within 4 hours from the time of the problem being reported to the technical support team. If, by chance, the said hardware peripheral is not replaced within the stipulated four hours, 5% of the monthly hosting charge would be credited to the customer’s account for every subsequent hour of downtime.
  3. Hardware Replacement Guarantee: – The 2.5 hour hardware replacement guarantee is available on our HP and Dell Edge Servers. The Hardware Replacement Guarantee and this Server Level Agreement is valid and applicable only for servers who have an age of 24 months or less and are racked in our Maidenhead Facility.
  4. Hardware Upgrade: – Charges levied for hardware peripherals during the sign-up process and on subsequent capacity upgrade would differ. All requests for hardware upgrade would be subject to a one-time setup fees. The hardware peripheral which has been upgraded would be charged on a per month basis.
  5. Server Restoration: – In the unlikely event of a hardware failure leading to the corruption of the installed operating system and the data files, malfunctioning of the server and / or its configurations, VTXSOFT shall make every possible and feasible attempt to return the server system to the original state. For any other circumstance, situation or upon request by the customer, “server restoration” would mean restoring the server system to the configuration similar to the date when the server was commissioned and made operational for the customer.
  6. Server Migration: – Data migration shall be done free of charge for any customer who request their data to be moved from one server to another server within Webhosting VTXSOFT network. However, in all such cases, customers would have to provide a 30 day advance notice for the old server to be canceled, after having ordered the new server. Movement of data would begin only after a 30-day cancellation notice for the old server has been received along with the order for the new replacement server.
    For customers who wish their data to be migrated from a server with their previous host into a server they purchase from VTXSOFT , administrative charges would be levied depending on the OS of the other server, size of the data to be moved, control panel of the other server, on a case by case basis.
  7. At no point shall VTXSOFT be held liable for the restoration of data to the server. At all times, the customer shall bear the responsibility of data restoration, any data loss which may occur during such a process of data restoration.
  8. At no time shall VTXSOFT be held responsible for the overall security of individual servers. While every attempt would be made to help the customer, the end responsibility lies with the customer themselves. A monthly audit which includes security checks is performed on all our medium range and high end dedicated servers, on request by the customer. This is a part of our Server Management Program; however, security is the responsibility of the customer. Webhosting reserves all the rights to suspend / cancel / terminate services for any account which has a server being compromised owing to fragile password schema, gross negligence of basic recommended security measures, scripting errors and /or loopholes, elderly backend application content, and any other such incident which VTXSOFT shall deem as a violation. Customers may request security checks or system administration and / or trouble-shooting to be performed on such servers (compromised due to owner negligence) for which custom technical charges of 500 INR per hour for Virtual servers and 2500 INR per hour will be levied.

VI. Network

  1. Overall Network and System Security: – Any /every attempt or instance of network or system security breach would be treated with the strictest possible punitive action including but not limited to criminal and/ or civil proceedings and liability. VTXSOFT shall concentrate all the required faculties and extend its fullest co-operation towards the enforcement authorities and help facilitate the prosecution of such customers. The actions which may be termed as violations / breach of terms includes (but is not limited to) the following list.
    1. Binding IP addresses which have not been allocated to the customer’s server.
    2. Scanning, probing or testing the vulnerability of a server on the internet or to breach the authentication and security measures without the requisite authorization from the subject server.
    3. Accessing data not intended for user of the customer’s account without explicit written consent of the concerned server’s owner.
    4. Intervening with any external network, host or user through activities (not limited to) such as mail-flooding, bulk mailing, outbound broadcasting, overloading servers, sending unsolicited access requests and or exploiting known vulnerabilities or similar circumstances.
    5. ) Spoofing and /or forging TCP/IP packet headers in an email-based or newsgroup posting thus exploiting relay services of external mail /web servers.
  2. IP Delegation:- VTXSOFT shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the customer by VTXSOFT , and VTXSOFT reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Even though the customer is assigned an Internet Protocol (IP) address for their sole usage, VTXSOFT shall retain all rights to use that IP itself and that the customer shall have no right to use that IP address without the explicit consent of VTXSOFT
  3. Infringement Notifications: – VTXSOFT categorically states that it bears no responsibility towards supervising or performing watch-dog duties over the customer’s activities and ascertains incidents of AUP violations or patrol internet activities.
    First time violation or infringement committed by a customer shall be notified to them through electronic email and may also be subject to impermanent disabling of services. This would be restored subject to the customer’s written understanding and commitment to refrain from such actions / activities.
    Second instance of violation shall result in an immediate disabling or suspension of services to the customer’s server with or without notification to the customer. And also bear the risk of their services being terminated without further notice.
    VTXSOFT reserves the right to ascertain the violation and its severity so committed by a user of the terms of services so laid out, and also the right to drop (blacklist/nullroute/unroute) the section of IP space involved in Spam/Virii/Illegal-Distributions or Denial-of-Service/Packetstorm complaints if it is clear that the offending activity is causing moderate to major harm to parties on the Internet. There may arise a situation where VTXSOFT has to act before notifying the customer about such an action. At such times, contact with the customer shall be established at the earliest available opportunity once the infringement /violation committed have been corrected.
  4. Service Suspension / Cancellation: – The right to suspend / cancel services impermanent or for good rests with VTXSOFT at all times. Network Engineers who have been empowered with decision making rights would be the sole arbitrators of all actions of infringements, violations and abuse committed by users / customers. Servers which are the target of a violation also stand the risk of being disconnected if they are deemed to be dangerous to the network. Any customer whose server is found to be carrying / propagating inappropriate and /or unscrupulous activity stands to be deactivated with immediate effect for the time frame taken to complete a full-scale investigation of such an incident. VTXSOFT may not inform the customer in advance about such suspensions. As and where the need be, enforcement agencies would be informed about the misappropriation. No downtime credit is applicable for any such incidents where the customer’s server is inaccessible / offline.
    VTXSOFT has the sole discretion to amend all of its usage policies and /or terms of service at any given point of time. Strict adherence to all such policies is mandatory and binding on all managed dedicated servers, resellers and sub-networks of VTXSOFT. Any discrepancy or failure to meet the terms set would result in instant cancelation of services. Resellers would be liable for the actions of their end customers where any breach has been committed. VTXSOFT strongly encourages resellers to implement a similar or even sterner AUP or TOS for their customers.
  5. Sundry Information: - It would be the customer’s prerogative to update their contact information and provide VTXSOFT with the most recent and functional contact details including email address, telephone number and fax in that preferential order. If a customer happens to receive a waiver in spite of infringing or breaching the terms of service or any service document, it shall at no time be construed as a permanent waiver. VTXSOFT shall reserve the rights to take necessary actions at any time.
    VTXSOFT shall not be liable for any damage / loss of revenue a customer’s business may suffer as a fallout of using its services including (but not limited to) non-deliveries, wrong delivery, delays and any and all service interruptions caused. VTXSOFT does not undertake any warranties or guarantees, written or otherwise of any of the services provided to the customer.
    The contents published on websites hosted on our network, the links provided to the customers and the network access allowed are part of the service provided to customers. VTXSOFT shall not assume any responsibility towards the contents and also any liability or inappropriate usage of its AUP and TOS. Contents uploaded on the websites hosted on the VTXSOFT network is the sole responsibility of the customer to whom the server has been given.
  6. Network Security: – Standard Network Security is defined as the overall core network security that VTXSOFT. provides every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server-based security, firewalls, DDOS/Attack protection on the server level, or Anti-Virus/Spyware based protection.
  7. Indemnification: – Customers using the services provided by VTXSOFT agree the usage policies and conditions laid down in its fullest and most specific sense. Customer shall also protect the interests of VTXSOFT and shall indemnify it for any infringement and / or violation of the terms laid by it. The customer would assume responsibility of any legal challenge / dispute which arises as fallout of customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against VTXSOFT, in addition to all costs and attorney’s fees.
    The customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of VTXSOFT and that damages resulting from any interruption of service are difficult to be determined. Therefore, the customer agrees that VTXSOFT shall not assume any damages arising from such causes beyond the direct and exclusive control of VTXSOFT. Customers further acknowledge that Webhosting VTXSOFT liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the customer as hosting services charges for a calendar month. In no event shall VTXSOFT be liable for any special or consequential damages, loss, or injury.

VII. Support Functions & Limitations
  • VTXSOFT shall provide uninterrupted round-the-clock to all its paying customers. While the technical support team shall attempt to resolve all possible issues related to the server, operating system, mandatory protocol services and critical OS functions, there are certain areas and niche segments over which the support team personnel may not have proven expertise. This includes support for CGI programming, Cold Fusion, ASP.NET, MS-SQL, PHP or any other programming and / or database application and any other application specific issues.
  • In the course of providing service to our customers, VTXSOFT has forged strategic partnership with numerous vendors who develop these applications. While every possible attempt to support issues pertaining to these softwares and applications would be made, there is no guarantee of a concrete resolution being provided by VTXSOFT itself. Such situations warrant that the bugs/ malfunctions be escalated to the developers themselves. Any resolution for such issues is subject to the progress achieved by the original developers of the product / software.
VIII. Usage Terms

  1. Account / Service Cancellation: – All cancellation requests have to be put through our online support portal .Customers would have to give a thirty (30) days notice prior to cancelling the services of their account. It is mandatory for the customers to send an email from the primary email address registered with VTXSOFT when they signed up or the last updated one as per billing records. The subsequent renewal will be charged to the customer’s account should there be a failure on the customer’s part to serve the cancellations notice prior to 30 days. To site an example, if the account’s renewal date is 01st October, then the cancellation notice has to be given on or before 01st September, but not later than that.
  2. Account Payments: – VTXSOFT shall accept payments towards customer accounts through credit cards (Visa, MasterCard & American Express), the American Express charge-cards, Paypal, MoneyBookers and Wire-Transfers. All additional transaction fees / payment charges / administrative charges will have to be borne by the customers. VTXSOFT, on its sole discretion, may refuse to accept payments through certain modes owing to previous instances of reversals / charge-backs and or abuse / misuse of such methods. Customers who have been found to have abused / misused such payment modes stand the risk of their accounts being terminated immediately for good without any advance information and would also have to forfeit any term payments made to VTXSOFT .
    A reminder is sent to all customers 15 days in advance of the date of renewal. A subsequent reminder is sent 7 days in advance of the renewal date. The final reminder is sent on the date of renewal itself. The reminder is sent in advance so as to allow time for our customers to arrange for funds to be paid as renewal. VTXSOFT should be in receipt of all account related payments on or before the end of the fifth day of the five-day grace period allowed for the services it renders. If payment for the returned check amount and service fee is not remitted in full by 12 P.M. GMT the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees. If a check is returned for any reason, the account will be assessed a 750 INR service charge. Failure to pay the account due by the 7th day would result in suspension of services. A 1000 INR charge would be levied on all such accounts which have to be reconnected upon the payment of the past due invoice. Accounts that are not collectable by VTXSOFT will be turned over to an outside collection agency for collection.
    VTXSOFT shall not utilize any paper or hard-copy invoices. Customers are sent invoices for their accounts through emails.
  3. Policy: – Any payment made towards dedicated and VPS servers are completely non-refundable and out of the scope of any money-back guarantees. Customers have up to sixty (60) days to report any extra charge / additional unexplained levy or billing disputes to report it to the management of VTXSOFT. Customers who charge back payments made through credit card or reverse payments made through Paypal accounts shall have services to their accounts suspended / freeze with immediate effect as it turns out to be an infringement of the general terms of service which has been laid out. Any Paypal subscriptions payments setup by customers which remain not cancelled at the time of the service account being canceled with VTXSOFT would be readily refunded after deduction of relevant charges. The Paypal subscription would be terminated thereafter.

IX. Spam / Bulk Mail / UCE Policy
  • VTXSOFT has a “zero tolerance” approach towards any activity which may be constituted as either sending Bulk Emails, Spam Mails or Unsolicited Commercial Email (UCE) or all the three over its network. Hosting of websites which give out information that is advertised by UCE from external networks, hosting of ponzi scheme websites and / or HYIP sites on VTXSOFT networks shall not be tolerated and would be dealt with very strictly without any considerations along with the levy of a heavy penalty and also stand a chance of the termination of services to their account.
  • VTXSOFT would make every attempt to notify customer about any spam activity originating out of their servers. However, VTXSOFT is within its rights to initiate an instance investigation of such an incident occurring. Customer accounts may be limited or have restricted access to the network in order to prevent any further infringements. VTXSOFT, at its sole discretion, reserves the right to restrict, suspend or terminate customer’s account in the event of the charges of spam / UBE being substantiated against the customer, and also reserves the right to pursue civil / criminal remedies for all costs incurred towards the investigation procedure of any such substantiated spam policy violation. VTXSOFT shall extend its fullest co-operation to any law-enforcing agency that are investigating or seeking information about such instances.