These terms of use (the “Terms” or “Agreement”) govern your access to and use of our websites, dvgroup.co.in and dvhosting.in, provided by Digital Vision Group (“us”, “we”, “our”, “DV Hosting” or “DV Group”). You agree to be bound by this Agreement whether you are a visitor, member, or customer. If you do not agree to these Terms, you cannot use the Website.
The term “User” refers to a visitor, member, or customer in this Agreement. Our Privacy Policy forms part of these terms of use.
Changes to Our Terms of Use
We may amend these terms of use from time to time, and the revised version will be effective when displayed on the Website. DV Group reserves the right to modify, change, or discontinue any aspect of the Website or services, including prices and fees, at any time.
Reliance on Information
This Website and its material are prepared to provide key information only and do not constitute legal advice for any particular situation. While we aim to ensure information is correct when added, legal positions can change frequently and content may not always be updated. For queries, email [email protected].
Eligibility
- The Services are intended only for users who are eighteen (18) years of age or older. Any use by anyone under eighteen is unauthorized and in violation of this Agreement.
- If you use the Services on behalf of another party, company, or organization, you represent that you are authorized to bind that party or organization to this Agreement.
- You agree to provide accurate, current, and complete registration information, maintain the confidentiality of your password, keep information updated, and remain responsible for activity under your account.
- You acknowledge that websites and services may become compromised despite security measures. We may take corrective action as appropriate and will not be liable for related damage or loss. You are responsible for backing up your content and websites.
Our Liability
We use reasonable efforts to keep information on our Website accurate. However, dvgroup.co.in, its members, and employees accept no liability in contract, tort, or otherwise for loss or damage caused by or arising directly or indirectly from use of, or reliance on, the Website content.
You may create hypertext links to pages on our Website. We may change the Website structure without notice, so links you create may become outdated.
Misuse of Our Website
You agree not to reverse engineer, hack, decompile, copy, or adapt software, code, or scripts forming part of our Website, and not to transmit any virus, worm, trojan horse, or other harmful component. DV Group may terminate services for breach of these Terms or violation of applicable laws. Services must be used for lawful purposes only.
User Responsibilities
- Your use of the Website and services, including submitted content, must comply with this Agreement, applicable service policies, and all applicable laws and regulations.
- You must not collect or harvest user content or non-public personal information about another person or entity without express prior written consent.
- You must not use the Website or services for illegal activity, pornography, violence, child sexual abuse, human trafficking, hacking, fraud, abuse, or infringement of another party's intellectual property.
- You must not use the Website or services for bitcoin mining or any other cryptocurrency mining.
- Phishing and copyright-based content are strictly prohibited. You must not use major brand names or famous names for buying hosting or domains. Breach may result in termination without refund.
- Violation of these Terms, incorporated policies, applicable laws, inappropriate behaviour, or offensive language may result in service suspension.
- You agree to defend, protect, indemnify, and hold harmless DV Group against claims related to infringement or violation of intellectual property rights arising from your acts or omissions.
- DV Group is not responsible for loss of data caused by events beyond its control, hardware failure, natural calamities, or similar events.
- DV Group reserves the right to take required time for maintenance, including maintenance without prior notice where necessary, and shall not be liable for delays caused by such maintenance.
Intellectual Property Rights
Material on our Website is the property of DV Group unless stated otherwise. Except for subscriber or user content, all content available through the Services, including designs, text, graphics, images, video, software, audio, and files, is owned by DV Group or its licensors.
No DV Group content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, or exploited except as expressly permitted. Unauthorized use is prohibited and may terminate your rights to use the Services.
Passwords
- Ensure details supplied for access are accurate.
- Notify us promptly if supplied details change.
- Keep your login name and password confidential and remain responsible for loss or damage caused by third-party use of your password.
- We may terminate access to password-protected areas if your use is detrimental to the Website or other users.
Privacy Policy
Any information you provide is subject to our Privacy Policy, which is incorporated into these Terms and governs our collection and use of your information. By using the Website, you consent to that collection and use.
Third Party Services
The Service may contain third-party advertisements, promotions, links, or resources. We are not responsible for availability, terms, policies, actions, or content of third-party websites or services. Use judgment before providing personal information to third-party sites.
Communications and Notifications
By registering, placing an order, or otherwise sharing your contact details with us, you agree that DV Group may contact you and send you service related as well as marketing communications.
- You expressly consent to receive communications from DV Group and our authorised service providers by email, SMS, WhatsApp, voice call, RCS, push notification, and any similar electronic channel, on the mobile number and email address you provide to us.
- Such communications may include registration and account confirmations, one-time passwords and verification codes, order, invoice, payment and receipt details, renewal, expiry, suspension and service status alerts, support ticket updates, security notices, and changes to our terms or policies.
- You further consent to receive marketing, advertising, and promotional communications from DV Group through the same channels, including email, SMS, WhatsApp, voice call, RCS, and push notification. These may include offers, discounts, festive and seasonal campaigns, product and plan updates, new service launches, upgrade and cross-sell suggestions, webinars, surveys, feedback requests, newsletters, and similar material, and may be sent by us or by our authorised partners or agencies on our behalf.
- Marketing communications may be personalised on the basis of the services you use, your purchase history, and your interaction with our website and previous communications.
- You may opt out of marketing and promotional communications at any time by writing to [email protected], by replying with the stop or opt-out keyword where provided, or by using the unsubscribe link in the communication. We will action such a request within a reasonable period, and messages already queued for dispatch may still be delivered.
- Transactional and service related communications form an essential part of the Services, are not treated as marketing, and cannot be opted out of while you hold an active account or service with us.
- Unless you opt out, marketing communications may continue to be sent for a reasonable period after your account or service ends, so that we can inform you about renewals, restoration options, and relevant offers.
- We do not sell or rent your contact details to third parties for their own independent marketing.
- This consent applies even if your number is registered under the National Do Not Call or DND registry, and it overrides such registration for the purpose of these communications. You confirm that the mobile number and email address provided belong to you and that you are authorised to receive communications on them.
- Communications are delivered through third-party telecom and messaging providers. We are not responsible for non-delivery, delay, or failure caused by network issues, DND or spam filters, incorrect or outdated contact details, handset or operator restrictions, or changes made by such providers, and a communication is deemed delivered once it is sent from our systems.
Renewal and Expiration
DV Group may send email or WhatsApp notifications seven (7) days before renewal or expiration of services. We are not responsible for network or technical issues preventing receipt of such notifications.
Failure to renew services in time may result in immediate suspension or expiration, and associated data may be permanently deleted. Web hosting renewal is allowed within 7 days from expiry. After that, backup availability must be confirmed by support. If a backup exists, the customer may repurchase the hosting plan and pay a recovery fee of ₹100 plus GST for restoration.
Backup availability is not guaranteed and must be confirmed in advance. This policy applies only to shared web hosting and does not cover VPS, Dedicated Servers, or Reseller Hosting.
Force Majeure
DV Group shall not be liable for failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, fire, war, riots, epidemics, government actions, network failure, data center outage, or power interruptions.
Support Limitations
DV Group
DV Group provides SaaS products, instant websites, development services, website-to-app conversion, DevOps, and automation services. Support is limited to ensuring proper functioning of services delivered by DV Group. DV Group does not provide support for customer-side code errors, third-party plugins, themes, APIs, custom modifications, hosting issues elsewhere, or problems caused by external software or misconfiguration.
DV Hosting
DV Hosting provides hosting, domain registration, servers, storage, Database as a Service, DNS Service, SSL certificates, and SMS services. Support is limited to server uptime, network issues, control panel access, DNS, domain management, email delivery, and DV Hosting systems. DV Hosting does not provide support for website errors, development issues, third-party CMS, plugins, themes, malware cleanup, optimization, coding issues, or customer changes.
General
You are responsible for maintaining backups. DV Group and DV Hosting are not liable for issues caused by customer actions, third-party tools, or external services.
Fraud
Misuse or fraudulent use of credit cards, charge cards, electronic funds transfers, and electronic checks violates this Agreement. We may report such misuse to government authorities, law enforcement, credit reporting services, financial institutions, and card companies.
Compliance with Applicable Law
You agree to comply with all applicable laws, rules, and regulations, including local rules where you reside or where your organization is located. The Services are controlled and operated from India, and users accessing from other locations do so at their own risk and are responsible for compliance with local laws.
Where GDPR applies, you acknowledge that you are the Controller and we are a Processor for personal data stored through the Services. You remain responsible for complying with data controller obligations and ensuring a lawful basis for transferring personal data to us.
Governing Law and Jurisdiction
This Agreement shall be governed by the laws of India. Courts located in Delhi, India shall have exclusive jurisdiction over disputes arising out of or relating to this Agreement.
Fair Usage
Shared hosting resources and other services must be used within reasonable limits. Excessive usage affecting server stability may result in automatic suspension or resource restrictions.
Termination
- If you fail to pay fees due for the Services, we may suspend or terminate your Services and pursue collection costs, including legal fees.
- We may terminate services immediately without liability if you breach this Agreement or applicable laws. Fees paid in advance will not be refunded, and accrued fees remain payable.
HIPAA Disclaimer
The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with laws governing privacy and security of personal data, including medical or sensitive data. The Services are not appropriate for storing or controlling access to sensitive data such as children's information or medical information.
Storing or permitting access to Protected Health Information is a material violation and grounds for immediate account termination. DV Group does not sign Business Associate Agreements and is not a Business Associate, subcontractor, or agent under HIPAA.
Third-Party Beneficiaries
Except as expressly provided, nothing in this Agreement confers rights on any person other than the parties and their respective successors and permitted assigns.
Disclaimers
You agree that use of the Website is at your own risk. DV Group provides the Service on an “as is” and “as available” basis to the extent permitted by law, and grants no warranties of any kind, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
DV Group does not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that information obtained through the Service will be accurate. Any material downloaded or obtained through the Services is accessed at your own discretion and risk.
Indemnification
You agree to indemnify, defend, and hold harmless DV Group from claims, damages, losses, liabilities, actions, demands, proceedings, and expenses, including reasonable attorney fees, arising from your use of the Services, breach of this Agreement or laws, or your acts or omissions. This section survives termination.
Limitation of Liability
We shall not be liable for non-performance or delay caused by any reason, whether within or outside our control. In no event will DV Group be liable for indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or lost data, even if advised of such possibility.
Our aggregate liability to you for any cause is limited to one (1) month fee paid by you for the Services. Multiple claims will not increase this limit.