1. OVERVIEW AND ACCEPTANCE

This Terms of Service agreement ("Agreement") is entered into by and between Hostaffin ("Company", "we", "us", or "our"), a technology provider based in Bangladesh, and you ("User", "Client", or "you"). By activating an account, purchasing services, or accessing our infrastructure, you acknowledge that you have read, understood, and agree to be bound by this Agreement, along with our Privacy Policy, Acceptable Use Policy (AUP), and Service Level Agreement (SLA).

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such entity to these terms.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

Services are available only to users who can form legally binding contracts under applicable law. By using our services, you represent that you are at least eighteen (18) years of age. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.

Security: You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account password secure. Hostaffin expressly disclaims any liability for losses resulting from compromised credentials.

3. DESCRIPTION OF SERVICES

Hostaffin provides web hosting, cloud infrastructure, domain registration, and related technology services. We reserve the right to modify, change, or discontinue any aspect of the services at any time. All services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

4. FEES, PAYMENTS, AND RENEWALS

Payment: You agree to pay all fees for services at the time you order them. All fees are non-refundable unless otherwise stated in our Refund Policy.

Renewals: Services are billed on a subscription basis. Unless you disable auto-renewal in your client area, Hostaffin will attempt to charge your stored payment method for renewal fees prior to the expiration of the current term.

Taxes: You are responsible for all applicable taxes, including VAT or GST, based on your jurisdiction.

5. CONTENT AND CONDUCT

You are solely responsible for all content (text, images, data, software) hosted on your account. Hostaffin does not pre-screen content but reserves the right (but not the obligation) to remove any content that violates this Agreement or the AUP without prior notice.

No Unlawful Use: You shall not use our services for any purpose that is prohibited by these terms or by law (including but not limited to Bangladesh ICT Act, GDPR, and US DMCA).

6. INTELLECTUAL PROPERTY

The Service and its original content, features, and functionality are and will remain the exclusive property of Hostaffin and its licensors. You retain all rights to your data; however, you grant Hostaffin a limited license to host, cache, and transmit your data solely for the purpose of providing the services.

7. TERMINATION AND SUSPENSION

Hostaffin reserves the right to suspend or terminate your access to services immediately, without notice, if we determine, in our sole discretion, that you have breached any provision of this Agreement. We may also terminate services for "no cause" by providing thirty (30) days' notice.

Upon termination, all data on our servers will be permanently deleted. It is your sole responsibility to maintain backups of your data.

8. LIMITATION OF LIABILITY

CAP ON LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOSTAFFIN, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRECEDING THE EVENT.

9. INDEMNIFICATION

You agree to protect, defend, indemnify, and hold harmless Hostaffin from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages (including attorney fees) imposed upon or incurred by Hostaffin directly or indirectly arising from (i) your use of the services; (ii) your violation of any provision of this Agreement; and (iii) your violation of any third-party right.

10. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the People's Republic of Bangladesh. Any dispute arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration in Dhaka, Bangladesh, in accordance with the Arbitration Act 2001. The language of the arbitration shall be English.

11. FORCE MAJEURE

Hostaffin shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including, but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

12. CONTACT INFORMATION

If you have any questions about these Terms, please contact our legal department at [email protected].