Terms & Conditions

Last Updated: 16/08/2025

These Terms & Conditions (“Terms”) govern the use of services provided by NCXHost (“NCXHost”, “we”, “us”, or “our”) through our website and related services. By ordering, accessing, or using any service provided by NCXHost, the customer (“Customer”, “you”, or “your”) agrees to be bound by these Terms.

If you do not agree with these Terms, you must not use our services.

1. Definitions

For the purpose of these Terms:

1.1 “Services” means any service provided by NCXHost, including but not limited to VPS Hosting, Dedicated Servers, GPU Servers, Windows Servers/RDP, WordPress VPS, Colocation Services, domain-related services, and any related support or add-on services.

1.2 “Customer” means the person, company, organization, or entity purchasing or using any NCXHost service.

1.3 “Order” means any order, invoice, quotation, online checkout, service request, or written acceptance for Services.

1.4 “Colocation Services” means rack space, power, cooling, bandwidth, IP allocation, network connectivity, remote hands, and related data center services for Customer-owned equipment.

1.5 “Equipment” means servers, storage devices, networking devices, cables, accessories, and any hardware supplied, owned, or controlled by the Customer.

1.6 “Due Date” means the date on which payment for an invoice becomes payable.

2. Scope of Services

2.1 NCXHost provides infrastructure and hosting-related services, which may include:

VPS Hosting
Dedicated Servers
GPU Servers
Windows Servers / RDP
WordPress VPS Hosting
Colocation Services
Related support, setup, migration, remote hands, and other add-on services

2.2 All Services are provided subject to availability, technical feasibility, operational requirements, and these Terms.

2.3 NCXHost may modify, improve, replace, suspend, or discontinue any Service, feature, plan, or specification at any time, provided that such change does not materially reduce a paid active service without reasonable cause or notice where practicable.

3. Orders and Service Activation

3.1 A Service shall be deemed ordered when the Customer places an order through our website, accepts a quotation, pays an invoice, or confirms service activation through email, chat, ticket, or any written communication.

3.2 NCXHost reserves the right to accept or reject any order at its sole discretion.

3.3 Service activation timelines are estimates unless expressly guaranteed in writing.

3.4 NCXHost may require identity verification, KYC documents, business information, or additional confirmation before activating any Service.

3.5 Any false, incomplete, misleading, or unverifiable information may result in delayed activation, suspension, or cancellation of the Service.

4. Billing, Payment and Renewal

4.1 All Services are billed in advance unless otherwise agreed in writing.

4.2 The Customer agrees to pay all fees, taxes, setup charges, recurring charges, overage charges, remote hands charges, and any other applicable charges associated with the Service.

4.3 Unless otherwise stated, recurring Services shall renew automatically for the same billing term under the then-current pricing.

4.4 It is the Customer’s responsibility to ensure that payment methods remain valid and invoices are paid on time.

4.5 Invoices must be paid by the Due Date stated on the invoice.

4.6 Failure to use a Service does not relieve the Customer of payment obligations for that Service.

5. Grace Period, Late Payment and Non-Payment

5.1 NCXHost may provide a grace period of up to 10 (ten) days from the invoice Due Date, unless otherwise specified for a particular Service.

5.2 If payment remains unpaid after the Due Date or applicable grace period, NCXHost may suspend, restrict, or terminate the Service without further notice.

5.3 Overdue invoices may attract late fees, administrative charges, reconnection fees, or interest at rates determined by NCXHost and permitted under applicable law.

5.4 The Customer shall remain liable for all unpaid fees, taxes, penalties, collection costs, and legal recovery expenses.

5.5 NCXHost reserves the right to deny service reactivation until all outstanding dues are fully cleared.

6. Refunds and Cancellations

6.1 Refund eligibility, if any, shall depend on the type of Service purchased.

6.2 Unless specifically stated otherwise in writing, the following are generally non-refundable:

Setup fees
One-time configuration fees
Colocation reservation charges
Remote hands charges
Migration charges
Software licenses
Domain registration, renewal, transfer, or restoration fees
Dedicated server provisioning fees
Custom-configured or custom-built services
Any third-party service charges

6.3 VPS hosting, dedicated servers, GPU servers, Windows servers, WordPress VPS, and colocation services are generally non-refundable once provisioned, reserved, activated, or deployed, unless NCXHost expressly approves otherwise in writing.

6.4 If a refund is approved, NCXHost may deduct used service charges, setup costs, taxes, payment gateway deductions, and any third-party fees before issuing the refund.

6.5 The Customer must cancel recurring services before the next renewal date to avoid further billing.

6.6 Cancellation of any Service does not waive any outstanding dues already incurred.

7. Customer Responsibilities

7.1 The Customer is solely responsible for:

maintaining the security of login credentials and control panels
data backup and recovery
software licensing and legality
content hosted, transmitted, stored, or processed through the Service
server administration, unless management is explicitly included
patching, firewalling, malware protection, and operating system security
lawful use of the Service

7.2 The Customer shall ensure that its use of the Services does not violate any applicable law, regulation, government direction, intellectual property right, or third-party right.

7.3 The Customer shall promptly cooperate with NCXHost in abuse complaints, legal notices, technical incidents, billing issues, or security concerns.

8. Acceptable Use

8.1 The Customer shall not use any NCXHost Service for any unlawful, harmful, abusive, fraudulent, or malicious purpose.

8.2 Prohibited activities include, without limitation:

phishing
fraud or impersonation
spam or bulk unsolicited email
malware hosting or distribution
botnet activity
DDoS attacks or participation in attacks
unauthorized access or hacking attempts
hosting illegal or infringing content
copyright infringement
distribution of harmful code
child sexual abuse material or any prohibited obscene/illegal content
activities that endanger NCXHost infrastructure, network, staff, or other customers

8.3 NCXHost may suspend or terminate Services immediately if it reasonably believes the Customer is involved in prohibited use, abuse, illegal activity, or conduct that risks the stability, safety, or reputation of the network or facility.

9. Service-Specific Terms for VPS, Dedicated, GPU and Managed Services

9.1 Unless expressly stated otherwise, VPS, dedicated servers, GPU servers, Windows servers, and similar infrastructure services are provided on an unmanaged basis.

9.2 Where management is included, NCXHost shall only provide the support scope specifically listed in the purchased plan or written quotation.

9.3 The Customer is responsible for all software installed by the Customer, including its licensing, configuration, performance, and security.

9.4 NCXHost does not guarantee compatibility with any third-party software, scripts, applications, kernels, drivers, or customer-installed operating systems unless explicitly agreed in writing.

9.5 Excessive resource abuse, security compromise, unlawful activity, or actions affecting node/server/network stability may result in suspension or termination.

10. Colocation Services

10.1 Scope of Colocation Services

NCXHost may provide colocation services including rack space, power, cooling, network connectivity, IP allocation, bandwidth, remote hands, monitoring, and related services as per the applicable plan, quotation, service order, or written agreement.

10.2 Customer-Owned Equipment

All colocated equipment shall remain the sole property and responsibility of the Customer unless otherwise agreed in writing. NCXHost does not assume ownership of Customer equipment by receiving, installing, storing, powering, or connecting it.

10.3 Equipment Condition and Eligibility

The Customer shall ensure that all equipment delivered for colocation:

is in proper working condition
is safe for data center deployment
is legally owned or lawfully controlled by the Customer
is properly packed, labeled, and documented
meets technical and physical compatibility requirements

NCXHost may refuse any equipment that is unsafe, damaged, leaking, unstable, improperly packed, non-standard, non-compliant, or likely to affect facility operations.

10.4 Rack Space and Physical Limits

The Customer may only use the rack units, cabinet space, cage space, or physical footprint allocated under the subscribed plan or written agreement. Any use beyond the contracted allocation may be denied, removed, or billed additionally.

10.5 Power Usage

The Customer shall not exceed the contracted power allocation, amperage, voltage, or power density limits applicable to the Service.

If the Customer’s equipment exceeds permitted usage, NCXHost may, without liability:

require immediate correction
recommend service upgrade
charge for excess consumption where applicable
power down affected equipment
suspend the Service until the issue is resolved

10.6 Cooling and Environmental Dependency

Colocation Services depend on shared data center infrastructure including cooling, airflow, and power systems. The Customer shall ensure that its equipment is suitable for normal data center environmental conditions and airflow design.

NCXHost may refuse equipment that creates abnormal heat, noise, obstruction, or facility risk.

10.7 Bandwidth, Port Speed and Traffic

Bandwidth, port speed, traffic transfer, IP allocation, and related network resources shall be provided as per the subscribed plan, accepted quotation, or service order.

Unless expressly stated otherwise in writing:

any included traffic limits remain applicable
additional traffic or bandwidth may be billed separately
additional IPv4 addresses may require justification and approval
network abuse, attacks, or harmful traffic may result in immediate suspension

10.8 Facility Access

Physical access to the data center or equipment area, if permitted, shall be subject to NCXHost security and access procedures, including but not limited to:

prior approval
scheduled access windows
identity verification
escort requirements
access logs
site rules and security checks

NCXHost may deny, limit, postpone, or revoke access for security, operational, legal, or safety reasons.

10.9 Remote Hands and Support

NCXHost may provide remote hands, cable checks, power cycling, device inspection, media insertion, and similar basic on-site assistance on a reasonable-effort basis or as a chargeable service, unless such support is included in the Customer’s plan.

Remote hands does not include deep system administration, hardware repair, software debugging, or engineering work unless separately agreed.

10.10 Installation and Handling

Where NCXHost assists with receiving, racking, stacking, mounting, cabling, or un-racking Customer equipment, such assistance is provided on a reasonable-effort basis.

The Customer remains responsible for:

shipping risk
hardware compatibility
mounting rail compatibility
packaging quality
labeling accuracy
internal hardware condition

10.11 Customer Responsibility for Data and System Operation

The Customer is solely responsible for:

operating its own equipment
operating system installation
application availability
backups and disaster recovery
monitoring and alerting
firmware updates
software licensing
cybersecurity and patching
firewall and access controls
data integrity

NCXHost does not back up Customer data unless backup services are separately purchased in writing.

10.12 Prohibited Use in Colocation

The Customer shall not use colocated equipment or network services for any illegal, harmful, abusive, fraudulent, infringing, or security-threatening activity, including but not limited to spam, malware, phishing, botnets, unauthorized scanning, attacks, copyright infringement, illegal content hosting, or any activity prohibited by law.

10.13 Emergency Action and Maintenance

NCXHost may perform scheduled or emergency maintenance affecting facility systems, network, routing, cooling, or power infrastructure.

Where reasonably practicable, advance notice will be given for scheduled maintenance. In emergencies, NCXHost may take immediate action, including isolating, disconnecting, or powering down equipment, if necessary to protect the facility, staff, network, or other customers.

10.14 Insurance

The Customer is strongly advised to maintain adequate insurance coverage for:

hardware loss or damage
theft
transit risk
business interruption
cyber incidents
data loss

Unless expressly agreed in writing, NCXHost does not provide insurance for Customer-owned equipment.

10.15 Non-Payment for Colocation Services

If the Customer fails to pay invoices for colocation services on time, NCXHost may suspend connectivity, deny physical access, power down equipment, refuse remote hands, or terminate the Service.

Such suspension or termination shall not remove the Customer’s obligation to pay all outstanding dues, storage charges, handling fees, penalties, taxes, and recovery costs.

10.16 Removal of Equipment After Termination

Upon cancellation, termination, expiry, or suspension of colocation service, the Customer shall remove its equipment within the period notified by NCXHost.

If the Customer does not remove the equipment within the notified time, NCXHost may charge:

storage fees
handling fees
de-racking fees
shipping and packing fees
disposal or recovery-related charges

10.17 Abandoned Equipment

If equipment remains unclaimed beyond the notified period after termination or prolonged non-payment, NCXHost may, to the extent permitted by applicable law, treat such equipment as abandoned and may store, recycle, dispose of, ship back at Customer cost, auction, or otherwise handle it without liability.

10.18 No Separate SLA Unless Agreed

Any uptime target, power commitment, remote hands response time, cooling specification, or service level shall apply only if expressly stated in a separate SLA, quotation, order form, or signed agreement.

General marketing language on the website does not by itself create a binding SLA.

10.19 Order-Specific Terms Prevail

If a colocation quotation, order form, or separately signed agreement contains specific terms different from these Terms, then those specific written colocation terms shall prevail only for that service to the extent of the conflict.

11. Suspension and Termination

11.1 NCXHost may suspend or terminate any Service immediately, with or without prior notice, if:

payment remains overdue
the Customer breaches these Terms
the Customer engages in abuse or unlawful activity
the Customer poses a security, legal, financial, or operational risk
required verification information is not provided
continuation of the Service is not commercially or operationally feasible

11.2 NCXHost shall not be liable for any loss arising from lawful suspension or termination under these Terms.

11.3 The Customer may terminate a recurring Service by giving cancellation notice before the next renewal date, subject to applicable minimum terms and outstanding dues.

12. Data, Backups and Deletion

12.1 The Customer is solely responsible for maintaining complete and current backups of all data.

12.2 NCXHost shall not be responsible for data loss, corruption, deletion, or unavailability unless caused directly by NCXHost’s proven wilful misconduct and only to the extent permitted by law.

12.3 Upon suspension, termination, expiry, or cancellation, data or server contents may become inaccessible.

12.4 NCXHost may delete Customer data, VM images, backups, configurations, or stored materials after service termination or expiration in accordance with internal policy, operational need, or non-payment status.

13. Intellectual Property

13.1 These Terms do not transfer any intellectual property rights between the parties, except the limited right to use the Service.

13.2 The Customer retains ownership of its own data, software, trademarks, and content.

13.3 The Customer represents that it has all necessary rights to use, store, transmit, host, or process its content and software through the Services.

14. Limitation of Liability

14.1 To the maximum extent permitted by law, NCXHost shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential loss, including:

loss of revenue
loss of profit
loss of data
loss of goodwill
business interruption
missed opportunities
downtime-related indirect loss

14.2 NCXHost shall not be liable for any loss caused by:

customer misconfiguration
weak passwords or compromised credentials
third-party software failure
cyberattack not directly caused by NCXHost
upstream provider failure
government action
force majeure events
hardware failure not caused by NCXHost
customer negligence

14.3 To the extent permitted by law, NCXHost’s total aggregate liability for any claim relating to a Service shall not exceed the amount actually paid by the Customer for that affected Service during the three (3) months immediately preceding the event giving rise to the claim.

15. Indemnity

15.1 The Customer agrees to defend, indemnify, and hold harmless NCXHost, its directors, employees, affiliates, contractors, and representatives from and against all claims, liabilities, losses, damages, fines, penalties, costs, and expenses arising out of or related to:

the Customer’s use of the Services
breach of these Terms
illegal or abusive activity
infringement of third-party rights
customer content, traffic, software, or equipment
any act or omission of the Customer or its users

16. Force Majeure

16.1 NCXHost shall not be liable for any delay, interruption, failure, damage, or inability to perform caused by events beyond its reasonable control, including but not limited to:

natural disasters
flood
earthquake
fire
war
riot
strikes
acts of government
power grid failure
telecom failure
internet backbone disruption
cyber warfare
epidemic or pandemic
supplier or upstream failure

17. Changes to Terms

17.1 NCXHost may update or modify these Terms from time to time.

17.2 Updated Terms shall become effective upon publication on the website or upon written notice, whichever NCXHost chooses.

17.3 Continued use of the Services after such update shall constitute acceptance of the revised Terms.

18. Governing Law and Jurisdiction

18.1 These Terms shall be governed by and construed in accordance with the laws of India.

18.2 Any dispute arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the competent courts located in Assam, India, unless otherwise required by law.

19. Contact Information

For billing, legal, abuse, or service-related matters, Customers may contact NCXHost through the email at- support@ncxhost.com