Legal | Policies | Agreements
Following are all our policies and service agreements. Please read everything in detail and contact us anytime if any doubts or concerns.
Last updated: March 31, 2021
The usage of services and products provided by ServerHealers Solutions LLP (hereafter referred to as “ServerHealers”) is subject to the following Terms and Conditions. ( hereafter referred to as “TOS”)
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By using the ServerHealers Services and Products, you agree to these Terms of Service. If you do not accept any of these Terms, do not register for an Account, purchase, access, ( including website ) or use the ServerHealers Services and Products in any way.
This page lays out the core of our TOS, but we also have other contractual documents that you can think of as additional terms for specific topics. Legally speaking, these other documents are incorporated by reference as if they were written here and form part of the overall TOS. Therefore, you should also review these other documents, which can be found at the links below:
Party Definitions and Terms – The operative parties referred to in this Agreement are defined as follows:
- ServerHealers is the publisher and operator of serverhealers.com (the “Site”) whereby ServerHealers provides server management services, managed cloud services, web hosting support and staffing solutions, DevOps services and WordPress management (collectively, the “Services”). For purposes of this Agreement, when “Site” or “Services” are referenced, such reference includes all resources necessary to provide said Site and/or Service.
When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to ServerHealers. Additionally, when the terms “the Site” or “Site” are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy.
- You, the Client – As Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as “Your,” “Yours,” etc.
1. Updates to the Terms
1.1 We reserve the right to make changes to these Terms at any time at our sole discretion. If we make changes to these Terms, we will notify such changes by revising the date at the top of these Terms. Your continued use of our Services following notification of changes will constitute your acceptance of such changes. Please periodically review these Terms and check for any updates.
1.2 Should You wish to terminate this Agreement due to any revisions made by Us, You must do so in writing via the cancellation form within thirty (30) days of the “last modified” date described above. Your continued use of the Services after the effective date of any such notice constitutes Your acceptance of such changes.
2. Eligibility & Account Registration
2.1 To access and use the Services, you are required to register an account with ServerHealers (the “Account”) and select a Service plan or purchase a product. You must be at least eighteen (18) years of age, or any higher minimum age in the jurisdiction you reside, to register an Account or access or use the Services.
2.2 If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
2.3 You agree to provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”). Maintain the confidentiality of your password and other information related to the security of your account. Maintain and promptly update the Registration Data and any other information you provide to ServerHealers, to keep such information accurate, current and complete; and be fully responsible for all use of your account and for any actions that take place through your account.
2.4 If there is a dispute about an Account’s ownership, we reserve the right to investigate and determine ownership based on our reasonable judgment.
2.5 You are required to provide all necessary information for us to start delivering the Servies. Failure to do so will result in a delay in Service delivery, and We shall only be obligated to provide the Service once You provide all the necessary information.
2.6 In our sole discretion, we may refuse to provide or continue providing the Websites and Services to any person or entity and change eligibility criteria at any time, including if you fail to comply with the TOS. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion.
2.7 More conditions and details are mentioned in the corresponding plan pages, and it is your responsibility to read everything mentioned on the plan pages. You hereby agree that you read, understood and agree with everything mentioned on the corresponding plan pages before purchasing the plan and opening an account.
3. Proprietary Rights
3.1 ServerHealers and its suppliers and/or licensors own the Software, the Services and any underlying infrastructure, including, without limitation, (a) ServerHealers logos, ServerHealers domain names, the product and service names associated with the Services, and other trademarks and service marks, (b) certain audio and visual information, documents, software and other works of authorship, (c) other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets, techniques, designs, inventions, data, images, text, content, APIs, tools and other tangible or intangible technical material or information provided in conjunction with the Services and (d) any and all updates, enhancements, bug fixes, patches or any similar changes that may be made generally commercially available to customers of the Services from time to time. Client acknowledges and agrees that (i) the Services, the Software and the Documentation are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (ii) ServerHealers and its suppliers and/or licensors retain all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Services, the Software, the Documentation, any other deliverables, any and all related and underlying technology and any derivative works or modifications of any of the foregoing, including, without limitation, as may incorporate suggestions from Client, (iii) there are no implied licenses under this Agreement and any rights not expressly set forth in this Agreement are hereby expressly reserved by ServerHealers, (iv) the Services and the Software is licensed, not sold and Client acquires no ownership or other interest (other than the license rights expressly stated herein) in or to the Software, the Services, the underlying infrastructure and the Documentation and (v) the Services are offered as an on-line, hosted solution, and that Client has no right to obtain a copy of the Services or Materials.
3.2 Suppose you choose to provide feedback regarding the Services and Website or Products. In that case, you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the feedback in any manner and for any purpose, including to improve the Services, Websites and Products.
4. Server Management and Managed Cloud Plans
4.1 For the server management plans and managed cloud plans, you must have a valid and genuine control panel license ( if applicable ) or provide a valid and genuine control panel license key if you want us to install the control panel to register and avail of our services. We do not provide support or Services and do not register for an account if your control panel license is not genuine or if the license is cracked ( illegal or unauthorized ) or modified without the original vendor approval. ( in that case, we’ll also require proof or such approval to avail our Services. )
4.2 These plans don’t include designing, development and coding support and assistance.
4.3 We can install third-party applications for you, but the application must be fully supported by the control panel or your platform that we are installing. If it is unsupported and reported or known to have compatibility issues with your control panel or platform that we are installing, and if you still want to install it, you agree to take full responsibility for any issues related to that.
4.4 Once you purchase a server management plan or managed cloud plan,( if applicable. ) you are not allowed to change the primary IP address of the servers and also, not allowed to reinstall the server operating system. If you want to do that, you will have to cancel the existing plan and order a new one.
5. Web Hosting Support Plans
5.1 Free trial only applies to first-time customers. We may refuse to provide or provide the free trial or reduce or extend the trial period based on reasons, including staff availability and work inflow at our sole discretion.
5.2 If you are a customer with our “Dedicated Staff Plan”, You may provide Us an access server ( A server with shell or RDP access. We will be accessing your customer and client accounts from this server for troubleshooting and providing assistance/support. ) It is not a must and an option for you. If we access your customer and client accounts from our servers, it will show the hostname and IP details in their access log. With this information, there is a slight chance they will know you are outsourcing support. So, you only need to consider if that is something that concerns you. ( Only applicable for Dedicated Staff plans. This option is not available for 24×7 Shared Support Plan. )
5.3 It is Your responsibility to whitelist all our server IP addresses ( We will provide the list ) in your servers and support systems. Failure to do so, then you agree to take full responsibility for any support outages because of this.
5.4 These plans don’t include designing, development and coding support and assistance. Unless you are hiring a developer, designer, or any of the purpose mentioned above, and you discussed and got our approval in initial discussions and communications.
5.5 You agree to provide a 60 days notice if you, for any reason, want to cancel our “Dedicated Staffing” Plans.
6. WordPress Management Plan
6.1 A valid WordPress user account with full administrative privileges is required to provide the WordPress management service. It is Your responsibility to whitelist all our server IP addresses ( We will provide the list ) in your servers and security systems ( if any ). We also need to install a few WordPress plugins, and more details about the plugins are available on the plan page. Failure to do any of these, then you agree to take full responsibility for any support and service outages because of this.
6.2 This plan doesn’t include designing, development and coding support and assistance.
7.1 You agree that without the prior written consent of Us, You will not directly or indirectly solicit for employment any person employed by Us or connected with Our business’s operation. You agree that you will not discuss any matters concerning Us, about any internal tools, systems, automation or services that we are using with our employees working for you. You also agree that you will not discuss employment agreement or contract matters, anything related to their salary structure and details, leave structure and policies, details of previous company or clients they worked on. Further, you understand that all of Our employees have contractual obligations that prohibit them from entering into an employment relationship with our current and previous clients and customers and also businesses that, at our sole discretion, are determined to be competitors.
8. Promotional Offers
8.1 From time to time, we may offer special promotional offers or plans (“Offers”). We determine offer eligibility at Our sole discretion, and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members with an existing plan or service may not be eligible for certain introductory Offers.
9. Electronic Communications
9.1 We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password, confirmation messages, notices) in electronic form only, for example: via emails to your email address provided during registration.
10. Discontinued Services and Products
10.1 We reserve the right to cease offering or providing any of the Services or Products at any time, for any or no reason. In the event that we decide to discontinue a Service or Product, we will attempt to notify you in advance of the discontinuation date.
11.1 You agree to protect, defend, indemnify and hold harmless ServerHealers and its officers, directors, employees, and agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by ServerHealers directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
12. Force Majeure
12.1 Neither of us will be in breach of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
13. Disclaimers; Limitation of Liability;
13.1 DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICES AND ACCESS TO THE SITE IS AT YOUR OWN RISK. THE SERVICES INCLUDING THE SITE, THE CONTENT, THE SERVICES, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SERVERHEALERS DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FULLY SECURE. SERVERHEALERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND SERVERHEALERS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SERVERHEALERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
13.2 LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, FOR ANY DAMAGES BASED ON USE OR ACCESS, INTERRUPTION, DELAY OR INABILITY TO USE THE SERVICE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND, IN SUCH JURISDICTIONS, SERVERHEALERS LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE MONTH AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SERVERHEALERS TOTAL AGGREGATE LIABILITY EXCEED AMOUNT GREATER THAN THE FEES PAID BY YOU TO SERVERHEALERS DURING ONE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY.
13.3 Testimonials and Reviews Disclaimer
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users and may not necessarily represent all users of our products and/or services. We do not claim, and you should not assume that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms and are reviewed by Us before being posted on our Site. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity, where the full testimonial contained extraneous information not relevant to the general public.
13.4 External links disclaimer
The Site may contain (or you may be sent through the Site links to other websites. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14. Illegal or Abusive Activity or Content
Do not use the Services if your server or services or products are part of or using for unlawful or abusive activities or purpose. Prohibited activities include:
14.1 If you engage in, further, promote, or encourage illegal conduct or activities, including the dissemination of content that has been determined by a court of competent jurisdiction to be unlawful.
14.2 Engaging in activities that is deceptive or harmful to others, or that would harm ServerHealers operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), deceptively impersonating another person or entity, or engaging in other fraudulent or misleading practices.
14.3 Using the Services if your server or services or products violates, infringes on or misappropriates the intellectual property or proprietary rights of any third party, including without limitation any rights in or to copyright, patent, trademark, trade secret, privacy or publicity, and publishing content intended to assist others in unlawfully circumventing technical measures intended to protect any such rights.
14.4 Disseminating child pornography or depictions of nudity or sexual activity obtained or disseminated without the consent of those depicted.
14.5 Content that incites or threatens violence against any person, promotes terrorism, is intended to harass, abuse or invade the privacy of any individual, creates a risk to the physical safety or health of any individual or to public safety or health, or that threatens or encourages harm on the basis of race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender, gender identity, serious disease or disability, or immigration status.
14.6 Unlawfully selling or distributing controlled substances, including but not limited to any illegal or prescription drugs.
15. Customer Abuse
15.1 We take all incidents of aggressive, violent or abusive treatment against our staff very seriously. We recognize that our employees have the right to a safe and respectful work environment. In our interactions with you, we will strive to ensure that you are treated with fairness, integrity, and respect. We also expect the same in return. So, any violent, abusive, or aggressive behaviour will not be tolerated.
15.2 Please read and take note of the occasional types of behaviour that are unacceptable:
- using bad language or swearing at staff
- verbal abuse towards the staff in any form, including verbally insulting staff
- racist and sexist comments
- persistent or unrealistic demands that cause stress to staff
15.3 This policy extends to any interaction with a staff member, whether in-person, phone, live chat, letter, e-mail, or through our website.
15.4 A breach of these conditions will constitute grounds for the Us to decline or discontinue services without any refund.
16. Compliance with Local Laws
16.1 We make no representation or warranty that the content available on this Site or the Services and Products found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services and Products found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services and Products found at this Site are responsible for compliance with all local laws, rules and regulations.
17. Governing Law and Jurisdiction
17.1 The relationship between You and ServerHealers shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) ServerHealers has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before courts at the state of Kerala, India.
18.1 Suppose any provision of these Terms and Conditions is held invalid, void, or unenforceable. In that case, that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
19.1 You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, any license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.
20. Entire Agreement
20.1 These Terms and Conditions and Policies constitute the entire agreement between You and ServerHealers governing Your use of the Services, superseding any prior agreements between You and ServerHealers regarding such use. Further, Your acceptance of these Terms constitutes a valid and binding agreement between You and ServerHealers. Should these Terms require to be stamped under any applicable stamp duty laws, You should bear such stamp duty payable and comply with relevant stamping obligations.