Terms of Service

These terms are between you (the business named in your quote) and Divyavyoma Technologies Private Limited. Together with your accepted quote or order, our Service Level Agreement, and — where we process personal data for you — our Data Processing Agreement, they are the whole agreement between us.

If two of these documents disagree, your accepted quote wins, then the Data Processing Agreement, then the Service Level Agreement, then these terms.

Every service starts with a written quote: the resources, the management level and exactly what it includes, the placement decision, the recovery objectives, the response targets, the minimum term and the price. A quote is valid for 30 days. It becomes an order when you accept it in writing and the first invoice is paid.

Anything not written in your quote is not included. If you want something added, we quote it before we do it.

We do what your management level says we do, to the standard in the Service Level Agreement. Everything outside it stays with you. In particular, on Unmanaged services there are no backups unless you configure them and no monitoring unless you set it up.

You are responsible for:

• What you run and store on our services, and having the right to run and store it.
• Software licences you bring, including Windows Server and Remote Desktop licences for Windows and Tally hosting, which we verify with a one-page form before go-live.
• Your own cloud provider account, its contract and its bill, on hyperscaler-managed services.
• Keeping the credentials we give you safe, and telling us at once if you think one is compromised.
• Giving us accurate contact and billing details, and a reachable contact for incidents.

You may not use our services, or let anyone else use them, to:

• Break Indian law or the law where the service is used, including the Information Technology Act, 2000.
• Host or send malware, phishing, spam or unsolicited bulk messages.
• Attack, scan or probe systems you are not authorised to test, including ours.
• Host material that sexually exploits children, promotes terrorism or infringes someone else's rights.
• Run an open proxy, open mail relay or anything else that lets strangers use our network anonymously.
• Mine cryptocurrency on shared resources.

We act on a credible report of abuse, a court order or a lawful direction from a government authority, and we tell you what we received unless the law prevents it.

• Prices are in INR, plus 18% GST, on a GST invoice from Divyavyoma Technologies Private Limited.
• Managed services are billed monthly in advance; business-app hosting half-yearly or annually in advance; one-time engagements are invoiced before work starts.
• Paying yearly saves roughly two months.
• Hyperscaler usage is billed to you by the provider. We never mark it up, and we are not responsible for that bill.
• Invoices are due within seven days.

If an invoice is unpaid 15 days after its due date, we may suspend the service after giving you written notice. We do not delete anything because of late payment while the agreement is in force.

We may change prices for the next term with 30 days' written notice. Prices do not change during a minimum term or a prepaid period.

Managed services have a minimum term of three months. After it, the service renews each billing period until either of us gives 30 days' written notice. Other services run for the term in your quote.

Fees for a minimum term or a prepaid period are not refunded if you cancel early. They are refunded, for the unused part, if we end the service without cause or because of our own material breach.

Either of us may end the agreement if the other materially breaches it and does not fix the breach within 15 days of written notice.

Developers can try a managed server free for 7 days; agencies get their first two sites migrated free. Free reviews — the cloud bill review and the free health checks — are advice in writing, with no obligation on either side. A trial server and its data are deleted 14 days after the trial ends, unless it becomes a paid service.

We may suspend a service immediately, and tell you why at once, if it is causing a security incident, putting other clients or our network at risk, breaching the acceptable-use rules above, or if we are legally required to. We restore it as soon as the cause is removed. Suspension for non-payment needs written notice first, as described under billing.

Your data is yours. We claim no rights over it beyond what we need to run the service for you.

When the agreement ends, for any reason, you can export everything in standard formats, free, within days. We keep your data for 30 days after the end date so you can do so, then delete it from our systems; backup copies age out within the following 30 days. We confirm the deletion in writing if you ask. On hyperscaler-managed services your production runs in your own account, so it never leaves your hands — we simply remove our access.

Each of us keeps the other's non-public information confidential, uses it only for this agreement, and shares it only with people who need it and are bound to keep it confidential. This continues for three years after the agreement ends, and indefinitely for your data and credentials.

Some services depend on others' platforms: AWS, Microsoft Azure, Google Cloud, Cloudflare, Microsoft licensing, Meta's WhatsApp Business platform. Their own terms apply to your use of them, and their outages are not ours — though when one affects you, we work on it under our response targets as if it were.

We promise to deliver what your quote describes with reasonable skill and care, by qualified people, to the targets in our Service Level Agreement.

We do not promise unlimited anything, five-nines uptime on our own hardware, instant failover with zero data loss, certifications we don't hold, or round-the-clock phone support. Apart from what is written in your quote and these documents, the services are provided without other warranties, to the extent the law allows.

Neither of us is liable to the other for indirect or consequential loss, or for lost profits, revenue or goodwill.

Our total liability for all claims in connection with a service is limited to the fees you paid us for that service in the three months before the event that caused the claim.

These limits do not apply to liability for fraud, for breach of confidentiality, for your payment obligations, for your breach of the acceptable-use rules, or to anything the law does not allow to be limited.

You will compensate us for losses arising from claims by third parties about content you host or actions you take on our services in breach of these terms.

Neither of us is responsible for a delay or failure caused by events beyond reasonable control — natural disasters, war, government action, widespread power or network failure, or the failure of a provider such as a hyperscaler — provided the affected side tells the other promptly and does what it reasonably can to limit the effect. Plan B, the backup and standby on every managed workload, exists for exactly these cases.

We may update these terms. We will tell existing clients by email at least 30 days before a change that affects them takes effect; it applies from your next billing period after that, and you may cancel before then without penalty.

These terms are governed by the laws of India. If we disagree, we first try to settle it in good faith within 30 days of one side raising it in writing. If that fails, the courts at Ahmedabad, Gujarat have exclusive jurisdiction.

Notices under these terms are given by email: to us at enquiry@divyavyoma.com, and to you at the account contact in your quote.

Divyavyoma Technologies Private Limited (CIN U63111GJ2026PTC184103), registered office: Block-A, 606 Prahladnagar, Trade Center, BH Titanium, Jivraj Park, Ahmadabad City, Ahmedabad 380051, Gujarat.

Enquiries, quotes and billing

enquiry@divyavyoma.com

Grievance Officer

Ashokbhai Solanki, grievance@divyavyoma.com

Working hours

Monday to Saturday, 09:00–19:00 IST