ZenoCloud Service Level Agreement – Managed Infrastructure.

ZenoCloud provides an industry-leading product and is pleased to support it with this Service Level Agreement (“SLA”). This SLA is an addendum to and is hereby incorporated into the Terms of Service. Any terms not defined in this SLA will have the definitions set out in our Terms of Service. The remedies described in this SLA are the Client’s sole and exclusive remedy for issues covered by the SLA. In the event of a conflict between this SLA and the Terms of Service, the Terms of Service shall prevail.

We reserve the right to modify this SLA at our sole discretion. If changes are made, we will notify you by revising the date at the top of this SLA. Your continued use of the Services following the notification of changes will constitute your acceptance of those changes. We recommend periodically reviewing this SLA for any updates.

Definitions

• Necessary Services: The essential services that must be operational for a Client Website hosted on ZenoCloud’s platform to be accessible via HTTP. This does not include third-party services, control panels, support systems, websites, SSH/SFTP/phpMyAdmin access, or any other service not critical for the Client Website’s accessibility.
• Signup Date: The date on which you subscribe to a hosting plan.
• Monthly Renewal Date: The same numerical date as the Signup Date for each subsequent month. For example, if your Signup Date is September 6, the next Monthly Renewal Date will be October 6.
• Monthly Billing Period: The period from the Signup Date until the day before the first Monthly Renewal Date, and from the Monthly Renewal Date until the day before the next Monthly Renewal Date. For example, if your Signup Date is September 6, the Monthly Billing Period runs from September 6 to October 5, and the next billing period from October 6 to November 5, etc.
• Downtime: Any period during which the Necessary Services are unavailable to the Client.
• Covered Downtime: The total amount of downtime, measured in minutes, during a Monthly Billing Period.
• Maintenance Period: The weekly period from Monday through Sunday, between 2 am to 5 am, local time of the data center where the Client Website is hosted.
• Effective Plan: The active hosting plan at the time when Downtime occurs.
• Monthly Plan Value:
  • For monthly billing cycle clients, the fee is paid for the Effective Plan.
  • For annual billing cycle clients, the fee paid for the Effective Plan is divided by 12.
    It excludes any additional fees, such as add-ons, overages, and migration fees.
• Uptime Guarantee: Ensures the Necessary Services will be available at least 99.9% of the time during each Monthly Billing Period.
• SLA Credit: The credit described in this SLA is added to the Client’s Hosting Account and applied to future invoices.

How SLA Credits Will Be Calculated

To determine whether the Uptime Guarantee has been met, Covered Downtime will be compared to the time in a typical 30-day period (43,200 minutes). If Covered Downtime exceeds 43 minutes (0.1% of a typical 30-day period), it will be determined that the Uptime Guarantee has not been met.

If the Uptime Guarantee is not met, upon request, you will receive SLA Credits equal to 5% of your Monthly Plan Value for each full hour (60 minutes) of Covered Downtime. For example:

• If the Covered Downtime is 59 minutes, no SLA Credit will be issued.
• If the Covered Downtime is 1 full hour (60 minutes), you will receive SLA Credit equal to 5% of your Monthly Plan Value.
• If the Covered Downtime is 119 minutes, you will receive SLA Credit equal to 5% of your Monthly Plan Value.
• If the Covered Downtime is 2 full hours (120 minutes), you will receive SLA Credit equal to 10% of your Monthly Plan Value.

If you switch hosting plans during the Monthly Billing Period, your Monthly Plan Value will be calculated based on the time spent on each plan during the period. For example, in a 30-day period, if you spent 10 days on a $30/month plan and 20 days on a $60/month plan, the Monthly Plan Value would be $50, and SLA credits would be issued based on that value.

How You Will Receive SLA Credits

To receive SLA Credits, you must submit a request via the chat system in MyZenoCloud no later than the end of the Monthly Billing Period following the period in which the Uptime Guarantee was not met.

SLA Credits will be added to your Hosting Account and applied to future invoices. These credits will not exceed the Monthly Plan Value for the month in which the Uptime Guarantee was not met, and will not be paid in cash.

If you terminate your Hosting Account or Agreement before the SLA Credit is applied, you will forfeit the credit.

When You Will Not Receive SLA Credits

Downtime caused by any of the following, as determined at our sole discretion, will not be included in Covered Downtime and will not be eligible for SLA Credit:

• Maintenance is performed during the scheduled Maintenance Period.
• Emergency maintenance at any time.
• Scheduled outages.
• Force Majeure events, including acts of nature (fire, flood, earthquake, storm), war, terrorism, governmental actions, labor disputes, power failures, external service provider outages, or any event beyond our control.
• Excessive traffic that exceeds the capabilities of the Client Website, hosting plan, or services.
• Client breach of the Terms of Service or any applicable agreements.
• Client-related issues, such as machine access problems or code issues.

Changes made to the Services by parties other than ZenoCloud.

Terms & Condition

Thank you for choosing ZenoCloud.

Please read these Terms and Conditions carefully before using the ZenoCloud platform.

By using ZenoCloud services, you accept all the terms of service. These terms apply to all users who use or access ZenoCloud services.

If you disagree with any point of the agreement, please do not register or use ZenoCloud services.

Definitions:

The definitions of the terminology used:

• Host, Us, We: ZenoCloud and/or its parent company.
• Owner, User, You, Your, Client: You, the paying customer.
• Fees: The Setup Fees, Recurring Fees, and Non-Recurring Fees.
• Initial Term: The period starting on the Service Commencement Date and ending approximately 1 calendar month later.
• Non-Recurring Fees: Fees set in the Service Order, payable when a specific service is used, such as additional bandwidth during the agreement term.
• Recurrence Period: The recurring period for which you agree to pay for services, typically 1 calendar month (e.g., May 5th to June 5th).
• Recurring Fees: Fees set in the Service Order, due on a recurring basis for each Recurrence Period.
• Renewal Term: The renewal period after the Initial Term or any subsequent Renewal Term, starting after the expiration of the previous term.
• Service Commencement Date: The date on which you are given access to start using the Services.
• Service Level Agreement: ZenoCloud’s SLA, amended periodically.
• Acceptable Use Policy or AUP: ZenoCloud’s Acceptable Use Policy, as amended from time to time.
• Services: The services requested by you and provided by the Host, as outlined in the Service Order.
• Setup Fees: Fees due upon the Service Commencement Date for the initial setup and configuration of the Services.
• Support: Telephone and online technical support provided by the Host in connection with the Services.
• Service Order: The agreement to provide a service or services to You for a fee. This may include predefined service plans or any other services agreed upon via email or support ticket.

Eligibility

To access and use the Services, you must:

• Be at least eighteen (18) years of age.
• Be able to form legally binding contracts under applicable law or be authorized to enter into an agreement on behalf of a corporate entity.

Client Obligations

By registering for an account with ZenoCloud or using the services, you agree to:

• Provide accurate, truthful, current, and complete information.
• Maintain and update your account information promptly.
• Keep your account information secure by protecting your login credentials.
• Contact ZenoCloud if you suspect any unauthorized access to your account or security breaches.
• Take responsibility for all activities in your account.
• Accept the risks of both authorized and unauthorized access to your account.
• Not register multiple accounts to bypass restrictions and overcharges.
• Make all payments for fees when due and comply with any applicable laws.

Note: In case of a dispute over account ownership, ZenoCloud reserves the right to investigate and determine the account’s ownership.

ZenoCloud Obligations

Subject to your compliance with all terms and conditions of this Agreement, ZenoCloud will provide the Services and Support as agreed upon during the term of this Agreement, following the commitments made in the Service Level Agreement (SLA).

If ZenoCloud fails to meet the obligations defined in the SLA, your sole remedy will be the issuance of Service Credits as set forth in the SLA.

General Terms

• ZenoCloud may use the information collected to communicate with you over email, phone, or other devices about services or products that may interest you.
• ZenoCloud has the right to monitor the website and remove any content deemed objectionable at its discretion, including pornography, spamming, phishing scams, illegal business practices, and copyright infringement.
• The website owner is solely responsible for any liabilities arising from the website and agrees to indemnify ZenoCloud against any losses, damages, or legal costs related to any claims against ZenoCloud.
• ZenoCloud owns all rights to any code, programs, or software developed by ZenoCloud, while you own all content you upload, provided it is original and does not infringe on copyrights.
• Software used in the website service is governed by the General Public License (GPL), as applicable.
• ZenoCloud reserves the right to modify these terms at any time.
  

Payments

Clients are required to pay all fees on time via the valid payment gateway provided on the website.

• The subscription fee is prepaid at the beginning of each subscription period.
• Accounts are automatically renewed monthly or annually, depending on your subscription.
• Payments will be automatically charged to the payment method provided.
• To avoid automatic payments, you must close the account before renewal.

ZenoCloud reserves the right to modify fees with prior notice. In the case of free trials or promotional periods, the account will renew at the standard rate at the end of the promotional period.

You are responsible for paying taxes such as sales, VAT, or any other taxes related to the services.

Any disputed fees must be notified in writing within 14 days of the invoice date. Failure to do so will waive your right to dispute the charges.

Suspension of Services

ZenoCloud may suspend the services if:

• You fail to pay fees within 7 days of the invoice due date.
• You violate the Acceptable Use Policy.
• You fail to cooperate in investigating breaches of the Agreement.
• ZenoCloud believes your servers have been accessed or manipulated without consent.
• Legal orders or regulations require suspension.

In case of suspension, you must pay all due fees, including late payment interest, if applicable.

Termination/Cancellation

To cancel services, submit a ticket at least 7 to 30 days before the end of your billing cycle. Services will be canceled within 3–4 days, allowing you time to gather and transfer your files.

Refunds

For monthly billing plans, ZenoCloud does not provide refunds. However, refunds may be issued on a case-by-case basis at ZenoCloud’s discretion.

For annual billing plans, a pro-rated refund for the unused portion will be issued if the plan is canceled.

Refunds, once approved, will be processed within 7-10 business days.

Termination for Breach

ZenoCloud may terminate the Agreement in case of a material breach by you, providing 7 days’ notice to resolve the issue. ZenoCloud may terminate immediately for violations of the Acceptable Use Policy.

Changes to Service

Any changes to the services during the term will result in a new Service Order and Agreement.

Confidential Information

Both parties agree to safeguard confidential and proprietary information, including intellectual property. Confidential information will be returned upon request unless necessary for post-termination obligations.

Limited Warranty

ZenoCloud represents that the services will comply with the Service Level Agreement. However, ZenoCloud disclaims all other warranties, including those related to uninterrupted service or data security.

Limitation of Liability

ZenoCloud’s cumulative liability will not exceed the total fees paid by you for the last three months before the event causing the claim. ZenoCloud is not liable for special, incidental, or consequential damages.

Indemnity

ZenoCloud will indemnify you for claims arising from ZenoCloud’s gross negligence or willful misconduct, and you will indemnify ZenoCloud for claims arising from your breach of the Agreement or the Acceptable Use Policy.

Miscellaneous

• Non-Solicitation: You cannot solicit or hire ZenoCloud’s employees or subcontractors for a period of one year after the Agreement ends.
• Force Majeure: ZenoCloud will not be in breach of this Agreement for delays caused by events beyond its control, including natural disasters or government actions.
• Notice of Claim: Any claim must be presented in writing within 60 days of the event.
• Jurisdiction: This Agreement is governed by the laws of New Delhi, and any legal action will take place in the courts of New Delhi.

Contact Us

If you have any questions or concerns about these Terms, please contact us.

Privacy Policy

• Privacy is extremely important to ZenoCloud. We take your privacy seriously and ensure that your personal information is protected. We do not share your personal details with any third parties without your permission. Your email addresses and other personal information are strictly guarded and will never be sold or traded.

  EFFECTIVE DATE: October 1st, 2021

  This Privacy Policy explains how ZenoCloud, its brands, subsidiaries, and affiliates (“ZenoCloud”, “we” or “us”) collect, use, share, and protect personal information. We provide web hosting solutions, including managed hosting for various platforms, to our customers (“Services”).

  ZenoCloud respects the privacy of every individual who visits dev-old.zenocloud.io (“Website”) and/or purchases our Services. This Privacy Policy is our commitment to transparency in how ZenoCloud collects, uses, and discloses the information gathered from you, the visitor or customer, as well as the choices you have regarding your data.

  BY USING OUR SERVICES OR VISITING OUR SITE, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY PART OF THIS POLICY, PLEASE DO NOT USE OUR WEBSITE OR SERVICES OR PROVIDE US WITH YOUR INFORMATION.

  SCOPE OF POLICY

  This Privacy Policy applies to how we collect, use, and disclose information from the following individuals:

  • Customers – Individuals who register to use ZenoCloud Services, either personally or on behalf of an entity, including the creation or administration of a ZenoCloud account.
  • Event/Marketing Participants – Individuals who provide their information to ZenoCloud when registering for webinars, subscribing to marketing materials, participating in surveys or contests, or attending ZenoCloud events.
  • Website Visitors – Individuals who visit ZenoCloud’s Website and opt to provide contact information, including an email address, to receive communications.

  This Privacy Policy does not apply to the websites hosted by ZenoCloud for our customers. Our customers are responsible for the information they or their end-users store in our hosting environment and for compliance with applicable laws.

  INFORMATION WE COLLECT

  Customers:
  ZenoCloud collects your account information, including your name, email address, physical address, phone number, credit card details, and website domain. By providing this information, you confirm that you own and consent to the use of this personal data.

  Event/Marketing Participants:
  ZenoCloud may ask for your name, email address, physical address, and phone number when you participate in events, surveys, contests, or subscribe to marketing materials. Participation is voluntary.

  Website Visitors:
  ZenoCloud collects your name, email address, physical address, and phone number at your discretion. Additionally, we may collect aggregated data like server logs, IP addresses, browser type, and other statistics through tools such as Google Analytics. This data is used to improve the website and services, though we do not associate it with personally identifiable information unless necessary to comply with law enforcement or legal requests.

  ZenoCloud also uses cookies, beacons, tags, and other tracking technologies to gather demographic information, track your website interactions, and personalize your user experience.

  HOW WE USE YOUR INFORMATION

  ZenoCloud uses the information we collect to:

  • Respond to sales and support requests.
  • Communicate about agreements, terms, and services you have with ZenoCloud.
  • Provide marketing emails, special offers, and newsletters.
  • Improve our website and services by analyzing user behavior.
  • Process payments and bill for services.
  • Personalize searches and diagnose service issues.
  • Prevent fraud and ensure security.
  • Provide information logs related to the use of ZenoCloud Services.
  • Develop new features and enhance functionality.

  HOW WE SHARE INFORMATION

  ZenoCloud may share your information in the following ways:

  • Third-Party Providers: We may share your information with service providers who assist with marketing, payment processing, sales leads, and customer support.
  • Advertising: Based on cookies and tracking, we may work with advertising companies to display targeted ads that may interest you.
  • Business Transactions: If there is a business transaction such as a reorganization or sale, your data may be shared with third parties involved.
  • Aggregated Data: We may share de-identified or aggregated information for marketing and analytics purposes.
  • Legal Requirements: ZenoCloud may disclose your personal information if required to do so by law or governmental authorities.
  • Safety: We may disclose your data to protect ZenoCloud’s safety, prevent fraud, or address security concerns.

  COOKIE POLICY

  What are Cookies?
  Cookies are small data files placed on your device when you visit a website. They help websites function properly, track visits, and gather analytical data. Cookies can be first-party (set by the website you’re visiting) or third-party (set by external services, such as analytics or advertising providers).

  What Cookies and Tracking Technologies Does ZenoCloud Use?
  We use necessary cookies that enable essential functionality on our website and performance cookies that help us measure traffic, analyze behavior, and improve our user experience. We may also use tracking pixels and web beacons for similar purposes.

  Third-Party Cookies:
  We collaborate with third-party service providers, such as Google Analytics, CloudFlare, Facebook, and others, to optimize our website and understand visitor behavior.

  Disabling Cookies:
  You can control your cookie preferences by adjusting your browser settings. For more details, you can visit resources like www.allaboutcookies.org and www.youronlinechoices.com.

  YOUR CHOICES

  You can unsubscribe from marketing emails at any time by clicking the “unsubscribe” link or by emailing us at [email protected].

  You may also update, correct, or delete your account information by logging into your ZenoCloud account or contacting us.

  DATA RETENTION AND SECURITY

  ZenoCloud will retain your personal data only as long as necessary to fulfill the purposes for which it was collected. We employ industry-standard encryption and other safeguards to protect your data from unauthorized access, loss, or misuse.

  INTERNATIONAL TRANSFERS

  ZenoCloud operates globally, and your information may be transferred to, stored, and processed in countries outside your own, including the United States, where privacy laws may differ. ZenoCloud ensures that your data is handled in accordance with this policy, even if transferred to jurisdictions with less stringent privacy protections.

  CHILDREN

  Our Website and Services are not directed at children, and we do not knowingly collect personal information from children under 13 years of age.

  THIRD-PARTY SITES AND SERVICES

  Our Website may contain links to third-party sites. We are not responsible for the content or privacy practices of those sites. Please read their privacy policies before providing any personal information.

  NOTICE TO EUROPEAN USERS

  If you are in the European Economic Area (EEA) or the United Kingdom (UK), the following applies to your personal data:

  Controller: ZenoCloud is the data controller of your personal data under applicable EU and UK data protection laws.

  Legal Bases for Processing: The legal bases for processing your personal data include the necessity of processing for the performance of a contract, compliance with legal obligations, legitimate interests pursued by ZenoCloud, or your consent.

  Your Rights: Under applicable law, you have the right to:

  • Access, correct, delete, and transfer your data.
  • Restrict or object to certain data processing activities.
  • Withdraw consent where applicable.

  For more information or to exercise your rights, please contact us using the details below.

  NOTICE TO DELAWARE RESIDENTS

  Under  the Delaware law, you may request information about whether we have shared your personal information with third parties for direct marketing purposes. To make a request, please contact us at [email protected].

  Delaware Personal Data Privacy Act (DPDPA): The DPDPA provides rights to Delaware residents regarding their personal information. You may request copies of the personal information we have collected, request deletion of certain data, and more.

  CHANGES TO PRIVACY POLICY

  ZenoCloud reserves the right to modify this Privacy Policy at any time. We will notify you of any significant changes by updating this page. If you disagree with the changes, you may terminate your services.

  CONTACT US

  For questions or to exercise your rights, please contact us at:

  ZenoCloud Privacy Matters
  c/o Zeno Ventures LLC.
  Attn: Director of Security
  30 N Gould St
  Ste R
  Sheridan, WY, 82801, USA
  Email: [email protected]

Acceptable Use Policy

ZenoCloud takes your online experience seriously. We are committed to ensuring the responsible use of our services, and this Acceptable Use Policy (“AUP”) governs the acceptable use of ZenoCloud’s products and services. By using ZenoCloud’s services, you agree to comply with this AUP. If you do not agree with any part of this policy, please discontinue using our services.

Prohibited Activities

ZenoCloud customers are prohibited from transmitting or posting any material that, in ZenoCloud’s sole discretion, is unlawful, obscene, threatening, abusive, defamatory, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, or federal laws.

ZenoCloud services must only be used for lawful purposes. The transmission, distribution, or storage of information, data, or material that violates any laws, including copyright, trademark, trade secret laws, or any other statute, is prohibited. ZenoCloud reserves the right to remove such illegal content from its servers and to immediately terminate services.

Customer Responsibility

You are responsible for keeping your billing and account data accurate and up to date. Any false information provided, including fraudulent use of credit card numbers, will result in immediate termination of your services and may lead to civil or criminal liability.

MAGENTO CONFIGURATION REQUIREMENTS

• Must be in Production Mode.
• All caches are enabled.
• Session storage set to Redis or Memcache (no files, no database).
• Cache storage set to Redis (no files, no database).
• Indexers set to Manual Mode.

ELECTRONIC MAIL (E-MAIL)

Misuse of electronic mail is prohibited and may lead to service termination. This includes but is not limited to:

• Unsolicited bulk or commercial messages (“spam”).
• Forging, altering, or removing email headers.
• Sending numerous copies of the same or substantially similar message or sending large messages with the intent to disrupt a server or account (e.g., mail bombing).
• Running unconfirmed mailing lists.
• Using email to harass or intimidate others.
• Being listed in the Register of Known Spam Operations (ROKSO).

WEB HOSTING

ZenoCloud provides hosting for websites through our services, and we do not routinely monitor website content. You are solely responsible for any information contained on your website. If complaints are received regarding language, content, or graphics, ZenoCloud may remove the site from our servers and terminate the service at our discretion. You agree to reimburse ZenoCloud for any expenses incurred in defending claims related to content hosted on your website.

Websites may not publish material deemed unlawful, indecent, or objectionable by ZenoCloud, at its sole discretion.

PERFORMANCE

Some ZenoCloud accounts may operate on shared resources. Excessive use of these shared resources can negatively affect the performance of other users. The following practices are prohibited:

• Running IRC or eggdrop bots (or any software that interfaces with an IRC network).
• Unattended server-side processes.
• Using ZenoCloud servers for script hosting from other domains.
• Sharing the load between ZenoCloud and another host for any domain.
• Any misuse of network resources that impairs performance is prohibited and may result in account termination.

SECURITY

You are responsible for any misuse of your account, even if the activity was committed by someone you authorized, such as a friend, family member, or employee. You must take steps to ensure that others do not gain unauthorized access to your account. You are also prohibited from attempting to breach the security of another account or gain unauthorized access to any network or server.

ILLEGAL ACTIVITY

Any activity on ZenoCloud’s network that violates local, state, or federal law is strictly prohibited and will result in immediate service termination.

ACCOUNT CANCELLATION

To cancel your ZenoCloud hosting account, please create a support ticket via our billing system or email [email protected]. A support technician will assist you with the cancellation process and provide further details.