Khulna Host (hereafter referred to as Khulna Host, we, us or our) agrees to provide services to you (hereafter referred to as client, you or your) under the following terms. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional services or products or to cancel your services (even if were not notified of such authorization), this agreement covers such service or actions.

a. Implied terms

The Privacy Policy, Acceptable Use Policy, and Service Level Agreement of Khulna Host also forms part of your agreement, as though those policies were reproduced verbatim within this agreement. For customers who register or transfer domains through us, the Domain Registration Agreement also forms part of your agreement. Domain customers also enter into an agreement with the relevant domain registry, so the Registrar-Registrant Agreement also forms part of your agreement with us.

b. Create an account with us

If you sign up for any services with us, you are responsible for keeping your contact information up to date, so that we can contact you. It is your responsibility to ensure the email address on file is current or up to date at all times, failure to do this will result in a delay in setting up your hosting services. If you signup with yourdomain.tld with us please do not use username@yourdomain.tld. If there is ever an abuse issue and your service is suspended or we need to contact with you, the primary email address on file will be used for this purpose. We prefer to use service not hosted with us, such as Gmail, Yahoo! etc.

c. Setup your first Order

  1. We process all orders manually. It usually done in one hour but some time it can take more than one hour but we guarantee that your order will be setup in one business day.
    1. We will setup your account after we have received payment and we and/or our payment partners have screened the orders in case of fraud.
  2. Providing false contact information of any kind may result in the termination of your account and/or the rejection of your order.
  3. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase.
  4. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied/canceled.
  5. Your account will be reviewed within 7-14 business days. If any discrepancies are found, the billing department will open a support ticket to your account requesting clarification or additional information.
  6. Orders for domain registration are subject to the domain name still being available when your order is processed.

d. Payment and billing

Payment for all hosting services is in advance.

  1. Payment for shared web hosting
    1. When you sign up, you choose your billing cycle: monthly to triennially.
    2. Your first invoice must be paid before your order will be processed. Your first invoice may be for a slightly shorter or longer time period than your usual billing cycle, so that future invoices will be dated on the first of the month.
    3. An invoice will be generation for your renewal, 14 days before your next billing period of time.
    4. After the renewal date, a late fee is added (minimum $10 or max 10% of due amount, converted to your billing currency). 3 days after the renewal date, your service with us will be suspended. 30 days after the renewal date, your service with us will be terminated.
    5. You still need to pay for this if your accounts is terminated for late payment.
  2. Dispute about a payment
    1. Should you have a dispute about a payment, you must contact our billing department, and we will work with you to resolve it quickly.
    2. If you instead dispute a payment directly with your card issuer or payment provider, we incur “chargeback” fees from your provider. If you do this, we will therefore suspend all services you have with us until the dispute is resolved. You would also be liable for any extra costs we incur from the chargeback process.
  3. Payment for domain registration
    1. If you register a domain with us, it will come with its own billing cycle, which may not coincide with any hosting services you have.
    2. You should pay for domain renewals at least 60 days before your domain expiry.
      1. Late payments are subject to the same late fees as described in above. However, if you are late paying renewal invoices, this may result in your domain expiring.
    3. We cannot guarantee to renew your domain if you allow it to expire.
      1. If the domain registry charges us additional fees for renewing a domain after expiry, you would need to settle those with us (along with an administrative surcharge) before we would renew the domain.
    4. If you pay us to register a domain, and the domain is not available when the order is processed, you will be refunded the associated charges. Other than this, domain renewal and transfer fees are non-refundable. You are responsible for ensuring a domain is eligible for transfer, and you are responsible for releasing domains correctly.
  4. Other Currencies
    1. When you first sign up with us, you have the opportunity to choose which currency you will be billed in.
    2. Before you order any services or add funds to your account, you can change your billing currency without paying an administration fee.
    3. Once you have had active services with us, or have deposited funds, you can’t change your currency.
    4. We operate in two currency, USD and BDT.
      1. Only Bangladeshi Client are allow to pay using BDT.
  5. Change of price
    1. We will not increase the price of hosting services from the prices you first pay us, without a one month prior notice.
      1. If we need to increase our prices, the new prices will take affect for any services you have with us from your next renewal.
      2. If you choose to continue using our services, that is taken as acceptance of the new prices.
    2. We may need to change the price of domain registration and renewals.
      1. When you renew a domain registered with us, the price you pay is the advertised renewal price at the time of your renewal.
      2. We do not need to notify you of any changes, and any changes to domain prices take effect immediately.
    3. Prices for all services are based in USD (United States Dollar) Sterling; prices in BDT (Bangladeshi Taka) currencies are calculated $01.00 USD = ৳80.00 BDT (this can be change anytime with or without notice). If you sign up in a currency other than USD, your renewal price will be as agreed at sign-up, irrespective of any subsequent changes in exchange rates. If the exchange rate between your chosen currency and primary currency changes by more than 10.00%, you or we can request that your currency price be recalculated to account for the new rate.
  6. Move from other host
    1. Our team will make every effort to help you move your site to us; however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, in some cases we may be unable to assist you in a transfer of data from an old host.
    2. We will assist you for free in transferring your account from your old provider(s) for up to 21 days from the date your account was registered.
    3. After 30 days a fee starting at $.95 per account or site to be moved may apply, at our discretion. When transferring from a provider that is not cPanel powered or does not allow access to full cPanel backups, a transfer fee of $14.95 may apply for a single account or site.
      1. Multiple domains configured in an external server may, in some situations, be considered multiple accounts for transfer.
    4. We will transfer up to 14 cPanel accounts per reseller account for free within the first 60 days of service. For standard cPanel account transfers after 60 days or for accounts beyond the initial 10 within the first 60 days may be assessed a $.85 fee per cPanel account. Custom control panel transfers start at $14.95 per site to be transferred. For more details please open a support ticket.

e. Cancellations and Refunds

All services provided by Khulna Host come with a 30 days money back guarantee, with no questions asked. If the client wishes to terminate their service within 21 days of activation, then you should request for cancellation. To cancel any of your services with us, you must go to the Products and Services section of our billing portal, and click Request Cancellation and describe your reason for cancellation. If you need us to supply you with a backup copy of your account, you must contact us by opening a support ticket before cancellation request. We cannot accept cancellations by e-mail or phone, because of the difficulty in verifying that the instruction comes from you. You may choose between “To cancel your services immediately”, or “To cancel your service as from the next renewal date”.
Khulna Host reserves the right to cancel any account at any time with or without notice. After 30 days a prorated refund may be given at our discretion for accounts in good standing. Any prorated refunds will be calculated less any promotions or discounts applied to the term being prorated.

  1. No refunds are given for
    1. Accounts that have been warned, suspended or terminated for breaking TOS.
    2. Accounts that have used more than 70% the bandwidth allotted to them in the month the cancellation request is made.
    3. Domain name registration charges, SSL certificates, dedicated IP addresses or any fees charged for setting up an account or moving data from another provider.
  2. Within the first 30 days of service, our money-back guarantee applies
    1. Clients can request a full refund for all fees paid, only first-time accounts are eligible for a refund for example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. If you have opened a second account with us, it will not be eligible for refund.
    2. Claims under our 30 days guarantee must be made to our billing department within 7 days of the cancellation being requested.
    3. 30 days means 30 calendar days, with each part-day (in GMT +0600) counting as a whole day. For example, for hosting purchased at any time on 1st December, a cancellation request must be received before 23.59 on 30th December not 31th December.
    4. You must request a cancellation within 21 days of your service.
  3. After the first 30 days of service no refund will be given.
  4. Method of Refunding Money
    1. You can choose to have your money refunded to your credit account (to be offset against future services with us), or an actual refund to you.
    2. If you choose full refund, where possible you will be refunded by the method used for your most recent payment to us.
    3. If your most recent payment to us was too long ago, or payment option not supported by us, your refund will remain as an account credit.
    4. Refunds to your payment account must be requested within 7 days of cancellation; other than refunding the amount due for a cancelled service within this time frame.
  5. Credit balances are non-refundable.

Violations of these Terms of Service will waive the refund policy and no refund will be granted.

f. Our Right to Cancel

  1. If you break any of these terms, we may suspend/terminate your account with or without knowing you.
  2. We may, at any time and for any reason, give you 30 days notice that your account will be cancelled. If we do so, we will help you to find an alternative provider for the services you have with us, and co-operate fully with the migration of your services with us to them. If we give you such notice, all other clauses of this agreement remain in force during that 30 day period. If you have paid for services on a billing cycle of longer than one month, we will refund the unused portion on a pro-rated basis (without withholding any of the refund because of your cancellation).
  3. In this circumstance, you are responsible for transferring any domains you have registered with us to a different provider.

g. Bandwidth Overage

If you use more than your allotted bandwidth in any given month, your account will be suspended until: (i) the next month begins, or (ii) you pay us an amount we agree to increase temporarily that month’s bandwidth limit, or (iii) you purchase an additional bandwidth add-on to allot your account more bandwidth going forwards.

h. Backups

It is your your duty to backup your data. We make no warranties regarding the thoroughness of our backup solution. If your data is restored from backup, it will be restored in the manner it is stored by us. This may not include formatting and other elements necessary to make the restored data available on the internet, or in the form originally transmitted to us. We are not obligated to restore the data in that format. Please always backup your data for redundancy. There is a one-time fee of $15.00 for us to restore a backup for your account due an error beyond our control. If your account or data is lost due to hardware issues we will restore your files at no additional charge. The data on our shared servers are backed up on a separate hard drive on a daily and/or weekly basis. We can not ensure 100% recovery, but we will do our best to recover everything we can. The modest charge for backup restoration provides a measure of security for you and compensates us for the time it takes to restore your files.

 i. Indemnification

Customer agrees that it shall defend, indemnify, save and hold Khulna Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Khulna Host, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Khulna Host against liabilities arising out of;

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Khulna Host;
  2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright infringement and (4) any defective products sold to customers from Khulna Host’s server.

j. Limited Liability

Our liability is limited to the price you pay for our services. Our Service Level Agreement details the amount we will pay, in terms of a full or partial refund, should our services be unavailable for any reason. We are not liable for any consequential loss, including loss of earnings.

k. Responsibility for Content

We are a provider of hosting services; you are responsible for, and we disclaim all liability for, any content that you publish using our services. In this context, “content” includes websites hosted by us, e-mails that travel through our servers, and any content posted on a forum or chat session hosted by us.

l. Arbitration

By using any Khulna Host services, you agree to binding arbitration. If any disputes or claims arise against Khulna Host or its subsidiaries, such disputes will be handled by an arbitrator of Khulna Host’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

m. Disclaimer

Khulna Host shall not be responsible for any damages your business may suffer. Khulna Host makes no warranties of any kind, expressed or implied for services we provide. Khulna Host disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Khulna Host and its employees.

n. Disclosure to law enforcement

Khulna Host may disclose any subscriber information and files, databases, access logs, and other account data to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

We will not modify this document arbitrarily. However, because the ways in which the internet is used, and abused, evolve over time, we reserve the right to modify it. If we do, we will provide you with written notice sent to the email address you have provided us, and post the notification on our home page. Unless a modification is necessary to respond to an emergency, we will give you one month notice of any modification

Last updated: February 13, 2017 at 21:34 pm