Terms Of Service

Account activation

We provide instant account activation for our shared and reseller web hosting plans. VPS servers are activated within 2 hours in most cases however at times we may need up to 24 hours to activate the service. Dedicated servers are activated within 2-4 hours if we have the requested hardware in stock. If you require a custom setup we may need more time to deliver it from our vendor.

Any account may take more time to be activated if it fails the initial verification. In that case, we will contact you with details and steps to complete the verification process.

Payments

You agree to pay for the Services on time and in advance for the billing cycle Services are provided for. Invoices are generated 7 days before the renew date of the Services. Vishmitha provides 7 days grace period after the renew date. If the invoice is not paid within the 7 days grace period Vishmitha will temporary suspend services until the invoice is paid in full. Vishmitha will terminate Services not paid in full 15 days after the Services have been suspended.

If you want your account to be re-activated after it has been terminated for non-payment you will need to pay all renewal invoices since the suspension and a one time $30 reactivation fee. We will restore your data from backups but you will need to re-create manually any mysql usernames and privileges for each of your accounts. Such reactivation is only possible when we still keep a backup of your data on our backup servers.

Invoices that have been paid more than once because of multiple PayPal subscriptions or multiple manual payments, cannot be refunded. They overpaid amount will be added as credit to your account which can be used to pay for future invoices.

If your payment is refunded due to a chargeback you will need to pay the refunded amount plus a one time $20 chargeback fee.
Vishmitha accepts payments via credit cards, PayPal or bank transfer. Payments from unverified PayPal accounts are not accepted.

Contact information

Customer agrees to keep his contact information and e-mail on file up to date at all times. We will use the e-mail on file to send notifications about generated invoices, due invoices, Services suspension, Services termination, new Services provisioned and any other related information. Vishmitha recommends using an external e-mail address so that the Customer can receive messages in case there are problems with the Services.

Cancellation

Cancellation requests need to be placed via the client dashboard by clicking on My services, then on Manage and then on the Request cancellation button. Cancellation requests sent via e-mail will not be considered legitimate and you will still be billed for the Services until a legitimate cancellation request is placed. Cancellation requests may take up to 7 days to be completed.

Domain names enter redemption period 30 days after the expiration date. The cost to recover and renew a domain name which is in redemption is $90.

Responsibility

Customer is responsible for the content uploaded to his account. Customer is responsible for the actions of his customers using accounts within our servers and network. In case Vishmitha’s terms of service are violated, Vishmitha will suspend the account violating the terms and will notify the Customer via the e-mail on file.
Vishmitha will not be held responsible for any harm or damage caused by the use of our services. Customer agrees to use the Service in his own risk.

Money back guarantee

The money back guarantee is applicable for new clients only. New orders from existing clients do not qualify for our money back guarantee program.
You can request a refund if you place a cancellation request within the period of days covered by your service's money back guarantee. Different services have different money back guarantee terms, below you can see if your service is covered by our money back guarantee and under what terms:

30 days: Web hosting and Reseller hosting
7 days: VPS, Cloud servers and SSL certificates
No money back guarantee: Dedicated servers, Domain registration/renewal or transfer and software licenses or custom software installs.

If the moneyback guarantee period has expired for your service, you are not eligible for a refund.

Violation of the terms of service will waive the refund policy.

Content and prohibited actions

Customer agrees to use the Services for lawful purposes only. Vishmitha prohibits the following content on our servers and network.

Anything related to IRC
Proxy Scripts
Running chat services or chat related web sites on the shared hosting plans
Anything related to torrents
Starting background processes on shared servers
Warez, hacking tools, exploits
Porn web sites
Download oriented web sites
Sites promoting illegal activities
IP Scanners
Hacker focused sites

Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.

Customer agrees not to use our shared, reseller, VPS or dedicated servers hosting space as a storage for backups. If we find backups stored in your account they will be removed automatically.

Customer is responsible to keep their accounts up to date and secure at all times. Directories must be chmod to 711 and configuration files with passwords must be chmod to 600. Scripts, plugins, modules need to be kept up to date at all times. A strong password must be used.

Communication with us

Vishmitha communicates with their clients politely and with respect. The same is expected from our clients. If a customer is rude and insults anyone from our staff members then we will warn the customer to be polite and communicate with us properly. If he does it again after he has been warned, a fee of $100 will be generated and all his services disabled until the fee is paid in full.

Vishmitha will not renew the services of a customer who has insulted our staff members after he has been warned via e-mail.

Backups

Vishmitha keeps backup of all files and databases. Vishmitha keeps daily and weekly backups for budget reseller plans and VPS servers. Vishmitha keeps daily and weekly backups for the web hosting and reseller plans.

Customer agrees to use Vishmitha’s backups on his own risk. Vishmitha doesn’t guarantee the existence of backups at all times and recommends the Customer to store their own backups at all times.

Priority support

The feature priority support is available for selected services. It makes all support requests sent to us to be looked into with priority. By default tickets are handled in the order they come (oldest tickets are looked into first). All tickets eligible for priority support are handled before any other tickets that are open.

Account migrations

Vishmitha do free transfers of accounts you want moved to our servers from providers which use cPanel. We do not guarantee the quality of such transfers and you must verify if your account was moved correctly before you change the Name Servers. If something is wrong with the account after the move and it wasn’t moved correctly it is your responsibility to fix it. In 99% of the transfers there are no problems but we do not guarantee that. We do transfers just because of courtesy to our clients.

IP address allocation

Vishmitha requires justification in order to assign a dedicated IP to the Customer. Valid justification is SSL installation or installation of a service that requires to listen on a separate IP address.

Zero tolerance SPAM policy

We have a zero tolerance against SPAM. Accounts used to send SPAM will be suspended immediately. If the SPAM sending is repeated the account will be removed from our server. We do not allow bulk mailing from our shared servers. Vishmitha offers a separate service if you need to send thousands of e-mails.

Purchased mail lists, opt-in lists will be considered SPAM.

Vishmitha reserves the right to charge a clean up fee the Customer who sent unsolicited e-mail which caused the IP of our server to be blacklisted for sending SPAM.

Resource usage

Any account on the server cannot use more than the following CPU or memory resources. If you use too much system resources, you will be notified to take the necessary actions. If the usage is too high to keep the server unstable, we will suspend the overloading account so that it doesn't affect the other clients on the server.

Customer agrees not to use the shared hosting service to send bulk e-mail. Mailing lists are allowed and the customer can send e-mail messages as per our hourly mail limits however those messages cannot be sent 24/7. If you need to send more than 5000 mails per month the shared hosting service will not be sufficient. A VPS or dedicated server will be required for that.

1. Shared hosting and App hosting

CPU/memory resource limits:

Plan Mini, WP Mini, Magento Mini, Drupal Mini, Joomla Mini, Presta Mini - 3%
Plan Start, WP Start, Magento Start, Drupal Start, Joomla Start, Presta Start - 5%
Plan Advanced, WP Advanced, Magento Advanced, Drupal Advanced, Joomla Advanced, Presta Advanced - 9%
Plan E-commerce, WP E-commerce, Magento E-commerce, Drupal E-commerce, Joomla E-commerce, Presta E-commerce - 12%

Customers may not send more e-mails per domain per hour as shown below:

Plan StartUp - 100 messages
Plan Mini, WP Mini, Magento Mini, Drupal Mini, Joomla Mini, Presta Mini, SmallBiz - 500 messages
Plan Start, WP Start, Magento Start, Drupal Start, Joomla Start, Presta Start - 500 messages
Plan Advanced, WP Advanced, Magento Advanced, Drupal Advanced, Joomla Advanced, Presta Advanced - 750 messages
Plan E-commerce, WP E-commerce, Magento E-commerce, Drupal E-commerce, Joomla E-commerce, Presta E-commerce, Corporate - 1000 messages

Inodes limits

Plan Mini, WP Mini, Magento Mini, Drupal Mini, Joomla Mini, Presta Mini - 150 000
Plan Start, WP Start, Magento Start, Drupal Start, Joomla Start, Presta Start - 300 000
Plan Advanced, WP Advanced, Magento Advanced, Drupal Advanced, Joomla Advanced, Presta Advanced - 500 000
Plan E-commerce, WP E-commerce, Magento E-commerce, Drupal E-commerce, Joomla E-commerce, Presta E-commerce - 1 000 000

2. Reseller hosting

Customers may not send more than 200 e-mail messages per hour. Any account on the server cannot use more than 2% CPU or memory resources on average basis for 24 hours.

Inodes limits

Plan 1 - 150 000
Plan 2 - 300 000
Plan 3 - 450 000
Plan 4 - 600 000

3. VPS hosting

Each VPS plan has the following guaranteed systems resources.

VPS Standard – Half CPU core and 125 IOPS
VPS Plus – One CPU core and 150 IOPS
VPS Advanced – One and a half CPU cores and 200 IOPS
VPS Pro – Two CPU cores and 250 IOPS
VPS Enterprise – Three CPU cores and 275 IOPS

4. Email hosting

Each email hosting plan has the following inodes limit.

StartUp - 50 000 inodes
SmallBiz - 250 000 inodes
Corporate - 500 000 inodes

Overselling for reseller accounts

All reseller hosting accounts are activated with overselling disabled by default. We can enable overselling for reseller accounts on request however you will be limited to the number of cPanel accounts you can create. You can see the limits for each reseller account below.

V1 - 25 accounts
V2 - 50 accounts
V3 - 125 accounts
V4 - 200 accounts

A ticket with technical support department is required to have overselling enabled for your account.

Uptime guarantee

If your server had downtime, we will issue a refund as noted below.

99.9% - 0% credit
99.8% - 10% credit
99.7% - 20% credit
99.6% - 30% credit
99.5% - 40% credit
99.4% - 50% credit
99.3% - 60% credit
99.2% - 70% credit
99.1% - 80% credit
99.0% - 90% credit
Less than 99% - 100% credit

Please note that scheduled downtime is not counted as ‘real downtime’ and you will not get a refund for it. In order to get a refund, you will need to open a ticket with our billing department and claim the downtime by including logs and other details you feel relevant. The credit will be applied to your account within 7 days after your claim is approved.

Changes to the terms

Vishmitha reserves the right to make changes to the terms at any time without notification. Customer agrees to visit the terms of service regularly for updates.

About usLearn about Vishmitha

Vishmitha (www.vishmitha.com) is a privately held web designing & cloud hosting company locates in Colombo, Sri Lanka.

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Contact infoOur Locations and Phone Numbers

  Boralesgamuwa, Sri Lanka.


  www.vishmitha.com

  This email address is being protected from spambots. You need JavaScript enabled to view it.

  +94 714-906-354 / +1 919 251 5193
       +1 747 272 9934

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