Terms of Service

By creating an account, placing an order, paying an invoice, accessing the client portal, using a service, or allowing another person to use a service registered to your account, you confirm that you have read, understood, and agreed to these Terms.

These Terms incorporate by reference our Privacy Policy, Refund Policy, Acceptable Use Policy, service descriptions, invoices, order forms, support policies, and any additional terms displayed during checkout.

If you are accepting these Terms on behalf of a company, organization, or another legal entity, you represent that you have authority to bind that entity. In that case, “you” and “Customer” include that entity.

If you do not agree to these Terms, you must not order, access, or use our services.

You must be at least 18 years old and legally capable of entering into a binding agreement. A person under 18 may use a service only through an account owned and supervised by a parent or legal guardian who accepts full responsibility for the account.

You may not use our services if applicable law prohibits you from receiving them or if CloudXen has previously terminated your account for fraud, abuse, non-payment, or material violation of these Terms.

You must provide complete, current, and accurate registration, billing, identity, and contact information. You must promptly update this information whenever it changes.

CloudXen may request identity verification, address verification, business documents, payment ownership evidence, or other information before or after activating a service. We may delay, reject, suspend, or cancel an order if verification is incomplete, inconsistent, suspicious, or legally required.

Providing false, misleading, stolen, or unauthorized information is a material breach of these Terms and may result in immediate suspension or termination without refund.

Each Customer should maintain only the number of accounts reasonably necessary for legitimate use. Creating multiple accounts to bypass restrictions, promotional limits, verification, invoices, suspensions, or prior termination is prohibited.

You are responsible for maintaining the security and confidentiality of your account credentials, passwords, API keys, SSH keys, control-panel credentials, remote desktop credentials, recovery codes, and authorized contacts.

All activities performed through your account or services will be treated as authorized by you unless you notify us promptly of an unauthorized compromise and provide reasonable evidence.

You must use strong passwords, enable multi-factor authentication where available, restrict administrative access, maintain secure firewall rules, and rotate credentials when compromise is suspected.

CloudXen is not responsible for loss caused by weak passwords, leaked credentials, phishing, credential sharing, customer-side malware, insecure software, exposed ports, or failure to secure an account or server.

CloudXen may provide shared hosting, reseller hosting, virtual private servers, remote desktop services, dedicated servers, domain-related services, software licenses, backup services, managed or unmanaged support, and other digital infrastructure services.

The exact features, resource allocations, management scope, location, network capacity, billing cycle, price, and limitations of a service are described on the applicable product page, order form, invoice, or written quotation.

Product images, benchmark results, estimated performance, network speeds, and technical descriptions are illustrative unless expressly identified as guaranteed specifications.

CloudXen may use its own infrastructure or infrastructure supplied by data centres, network operators, software vendors, upstream providers, licensors, or other third parties.

We may modify, replace, migrate, upgrade, reconfigure, or discontinue a service where reasonably necessary for security, compliance, technical, commercial, or operational reasons.

Submission of an order does not require CloudXen to accept or activate it. An order is accepted only when payment and any required verification have been completed and the service has been provisioned or expressly confirmed by CloudXen.

Provisioning times displayed on our website are estimates and not guaranteed deadlines. Activation may be delayed by verification, stock availability, licensing, domain registration, upstream providers, network configuration, technical issues, maintenance, or events outside our reasonable control.

CloudXen may reject or cancel any order that appears fraudulent, abusive, technically unsuitable, incorrectly priced, unavailable, prohibited by law, or likely to harm our infrastructure or reputation.

• Unless otherwise stated, services are prepaid and billed in advance for the selected billing cycle.
• You are responsible for reviewing and paying invoices before their stated due date.
• Renewal invoices may be generated before the due date as a courtesy. Failure to receive an invoice, email, SMS, or reminder does not remove your payment responsibility.
• Prices may exclude taxes, gateway fees, currency conversion costs, bank charges, setup fees, licensing costs, or other applicable charges unless expressly stated otherwise.
• You are responsible for all taxes, duties, levies, and payment charges applicable to your purchase, except taxes imposed directly on CloudXen’s income.
• Payments are considered completed only after funds have been received, verified, and cleared.
• CloudXen may correct typographical, billing, exchange-rate, discount, or pricing errors. If an obvious pricing error affects an order, we may cancel the affected order and refund the amount actually received.
• Promotional prices may apply only to the first billing period. Renewal may occur at the then-current standard rate.
• Account credit, promotional credit, bonus credit, coupons, and discounts have no cash value and are non-transferable unless we expressly state otherwise.

A service may be automatically or manually suspended at any time after its invoice becomes overdue. CloudXen is not required to provide a grace period unless one is expressly stated in the applicable service description.

Suspension may make websites, servers, applications, email, databases, control panels, remote access, and stored data unavailable.

If an invoice remains unpaid, CloudXen may terminate the service and permanently delete associated data without further notice. Termination and deletion schedules may vary by service and are not guaranteed.

A suspended or terminated service may be subject to a reactivation, restoration, late-payment, or administrative fee. Payment does not guarantee that deleted data can be restored.

You remain responsible for all amounts accrued before termination, including unpaid invoices, usage charges, licensing fees, penalties permitted by law, and recovery expenses.

You may request cancellation through the official CloudXen client portal or another cancellation method expressly approved by us. A support ticket or informal message does not constitute a valid cancellation request unless CloudXen confirms it in writing.

You are responsible for selecting immediate cancellation or cancellation at the end of the billing period where those options are available.

Before cancellation or expiry, you must download and independently preserve all data you wish to retain. CloudXen may permanently delete all data following cancellation, expiry, or termination.

Cancellation does not automatically create a right to a refund, credit, or prorated payment.

Refund eligibility is governed by the CloudXen Refund Policy in effect at the time of purchase. No statement in these Terms guarantees a refund unless the applicable Refund Policy expressly provides one.

Unless mandatory law requires otherwise, the following are generally non-refundable:

• Domain registration, renewal, transfer, and redemption fees.
• Software, control-panel, and third-party license fees.
• Dedicated servers and custom-configured services.
• Setup, installation, migration, administration, and labour fees.
• IP address, subnet, bandwidth, traffic, and overage charges.
• SSL certificates and third-party digital products.
• Cryptocurrency, gateway, bank, or currency conversion fees.
• Renewal payments and account-credit purchases.
• Services suspended or terminated for abuse, fraud, chargeback, non-payment, or violation of these Terms.
• Services for which substantial resources, licenses, hardware, or third-party capacity have already been reserved.

A money-back period, where advertised, applies only to the specific eligible service and only to a first-time purchase by an eligible Customer. It does not apply to repeat orders, renewals, upgrades, add-ons, IP addresses, licenses, domains, dedicated resources, or abuse-related termination.

Refunds, when approved, are normally returned through the original payment method where reasonably possible. CloudXen may deduct non-refundable fees, consumed resources, gateway charges, taxes, discounts, outstanding balances, damages, or other lawful amounts.

Before initiating a payment dispute or chargeback, you must contact CloudXen and allow a reasonable opportunity to investigate and resolve the issue.

An unauthorized, false, abusive, or premature chargeback may result in immediate suspension of all services associated with you, including services not directly connected to the disputed payment.

CloudXen may submit account records, login records, service usage records, invoices, communications, IP information, verification information, and other relevant evidence to the payment provider when responding to a dispute.

You are responsible for unpaid balances, chargeback fees, collection expenses, and reasonable administrative costs resulting from an invalid or unsuccessful payment dispute, to the extent permitted by law.

You must use CloudXen services only for lawful purposes and in a manner that does not harm CloudXen, other Customers, third parties, networks, systems, or the public.

Prohibited activities include, without limitation:

• Malware, ransomware, viruses, botnets, command-and-control systems, phishing, credential theft, or malicious code.
• Unauthorized access, hacking, exploitation, scanning, brute-force attacks, password attacks, or attempted security compromise.
• Distributed denial-of-service attacks, denial-of-service attacks, amplification attacks, attack-for-hire services, or stress testing without written authorization.
• Spam, unsolicited bulk messaging, email bombing, abusive marketing, or operation of open mail relays.
• Fraud, impersonation, deceptive schemes, financial scams, investment scams, fake stores, or theft.
• Child sexual abuse material, sexual exploitation of minors, or any content involving abuse of children.
• Terrorist activity, violent extremist activity, credible threats, or unlawful incitement to violence.
• Distribution of stolen data, unlawfully obtained personal data, payment-card data, passwords, access tokens, or identity records.
• Copyright, trademark, patent, privacy, publicity, or other intellectual-property infringement.
• Sale or distribution of illegal drugs, weapons, counterfeit goods, stolen goods, or prohibited products.
• Hosting content or operating services prohibited by the laws of Bangladesh, the service location, the Customer’s location, or another applicable jurisdiction.
• Cryptocurrency mining, proxy networks, public VPN services, Tor exit nodes, scraping, mass automation, game bots, traffic exchange, or other high-risk workloads where prohibited by the applicable plan or not approved by CloudXen.
• Activities intended to evade abuse controls, sanctions, verification, rate limits, network restrictions, licensing, or law-enforcement requirements.
• Any use that damages CloudXen’s IP reputation, domain reputation, mail reputation, network reputation, infrastructure, business relationships, or ability to provide services.

CloudXen determines, acting reasonably and based on available information, whether an activity presents an abuse, security, legal, operational, or reputational risk.

You retain ownership of content you lawfully store or transmit through the services. CloudXen does not claim ownership of your content merely because it is hosted on our infrastructure.

You are solely responsible for your websites, files, databases, applications, software, communications, products, users, business activities, and all content stored, processed, published, or transmitted through your services.

You represent and warrant that you have all rights, permissions, licenses, and lawful grounds required to store, process, publish, and transmit your content.

You grant CloudXen and its infrastructure providers a limited, non-exclusive right to host, copy, transmit, cache, inspect, migrate, and process your content only as reasonably necessary to provide, protect, troubleshoot, maintain, or comply with legal obligations relating to the services.

CloudXen may investigate abuse reports, copyright complaints, security alerts, fraud reports, court orders, governmental requests, network complaints, and other notices relating to a Customer or service.

We may forward relevant complaint details to the affected Customer unless prohibited by law, unsafe, technically impractical, or inconsistent with an investigation.

You must respond promptly and completely to abuse notices and take effective corrective action within the period stated by CloudXen. Serious or repeated abuse may result in immediate restriction, suspension, termination, isolation, null-routing, or deletion.

CloudXen is not required to determine the final legal merits of a dispute before taking temporary protective action.

You must remain within the CPU, RAM, storage, inode, process, database, email, bandwidth, port-speed, IP, I/O, IOPS, backup, licensing, and other resource limits applicable to your service.

Shared, reseller, virtualized, “unmetered,” “unlimited,” or burstable resources remain subject to technical limits, fair use, capacity, upstream restrictions, and the requirement not to materially degrade service for other Customers.

The terms “unlimited” and “unmetered” do not mean infinite capacity. They mean that CloudXen does not apply a fixed ordinary quota for the relevant resource, subject to fair use, technical capacity, acceptable use, and the service description.

CloudXen may throttle, limit, isolate, suspend, migrate, or require an upgrade where usage creates instability, congestion, abnormal load, security risk, excessive wear, or adverse impact on other users or infrastructure.

Advertised port speeds represent the maximum technical interface capacity or plan limit, not a guarantee that the maximum speed will be continuously available.

Actual throughput and latency may vary because of congestion, routing, peering, upstream providers, destination networks, protocol overhead, server load, customer configuration, DDoS mitigation, maintenance, international connectivity, and factors outside CloudXen’s control.

BDIX or local-network connectivity, where offered, depends on participating networks, routing policies, peering arrangements, data-centre connectivity, and third-party infrastructure. CloudXen does not guarantee that every local network, ISP, route, or destination will be reachable through a particular route.

DDoS protection reduces risk but cannot guarantee that every attack will be detected, filtered, or mitigated. During an attack or suspected attack, CloudXen or an upstream provider may rate-limit, null-route, filter, isolate, migrate, or suspend the affected IP address or service.

CloudXen is not responsible for service interruption, packet loss, latency, blocked traffic, or loss caused by an attack, mitigation action, upstream decision, or emergency network protection.

IP addresses assigned to a service remain under the control of CloudXen or the applicable upstream provider and are not sold or transferred to the Customer.

CloudXen may replace, renumber, withdraw, route, null-route, or reassign IP addresses where required for technical, operational, security, legal, abuse, availability, or upstream-provider reasons.

IP reputation, geolocation, reverse DNS, email deliverability, blacklist status, and acceptance by third-party platforms are not guaranteed.

You must not manipulate IP information, send spoofed traffic, announce unauthorized routes, operate prohibited proxy services, or use addresses in a manner that damages network reputation.

Additional IP addresses may require technical justification and may be removed if unused, unjustified, abused, or no longer available.

Unless a service is expressly sold as managed, VPS, RDP, dedicated server, and similar infrastructure services are provided on an unmanaged basis.

For unmanaged services, you are responsible for server administration, operating-system installation and maintenance, security hardening, firewall configuration, software updates, application configuration, malware removal, monitoring, backups, database administration, license compliance, and troubleshooting inside the guest operating system.

General support for an unmanaged service is normally limited to infrastructure availability, host-node issues, network access, control-panel access, hardware issues, and functions expressly included in the plan.

Managed support covers only the tasks expressly listed in the applicable managed-service description. No managed service guarantees that a system will be vulnerability-free, continuously available, or recoverable after every incident.

Any assistance outside the purchased management scope is provided at CloudXen’s discretion, may require an additional fee, and does not transfer responsibility for the Customer’s system to CloudXen.

You are solely responsible for maintaining current, complete, tested, and independently accessible backups of all websites, virtual disks, files, databases, emails, source code, configurations, credentials, applications, and other data stored or processed through CloudXen services.

At least one current backup should be stored outside the same CloudXen service, physical server, storage array, account, and data centre as the primary data.

You must verify backups regularly by checking integrity and performing test restorations. A backup that has not been verified must not be assumed to be complete or recoverable.

You must create a verified backup before performing upgrades, migrations, filesystem repairs, partition changes, operating-system reinstalls, software modifications, database changes, or other potentially destructive operations.

CloudXen is not your sole backup provider unless a separate written backup agreement expressly states otherwise. Even where a backup product is purchased, the Customer remains responsible for maintaining an additional independent backup.

Any backup, snapshot, replication, restore point, RAID, mirroring, archive, or disaster-recovery feature provided by CloudXen is intended to reduce risk and is offered on a best-effort basis unless a separate written service-level agreement expressly provides otherwise.

Backups may fail, become incomplete, become corrupted, contain malware, omit recent changes, expire, become inaccessible, or be deleted because of software errors, hardware failure, capacity limits, configuration issues, encryption problems, human error, account termination, non-payment, or events outside our control.

Snapshots are not guaranteed backups and may depend on the availability and integrity of the original storage system.

RAID, disk mirroring, replication, and redundant storage are availability mechanisms and do not replace independent backups.

CloudXen does not guarantee any specific recovery point, recovery time, backup retention period, or successful restoration unless expressly included in a separate written agreement.

Data loss or corruption may occur because of SSD, HDD, NVMe, RAID, controller, motherboard, RAM, CPU, power-supply, cable, network, or other hardware failure; filesystem corruption; virtual-disk corruption; guest operating-system failure; kernel panic; software bugs; malware; cyberattack; accidental deletion; customer error; provider error; power events; data-centre incidents; or other unforeseen circumstances.

CloudXen does not guarantee that lost, deleted, damaged, overwritten, encrypted, or corrupted data can be recovered.

Recovery, filesystem checks, disk repair, data extraction, storage migration, virtual-machine conversion, or restoration assistance may be attempted on a best-effort basis. Such work may fail, require downtime, alter metadata, remove damaged records, or cause additional loss.

CloudXen may decline recovery work where it is unsafe, technically impractical, disproportionately expensive, unlawful, or likely to affect other services.

Unless caused by liability that cannot lawfully be excluded, CloudXen is not responsible for lost data, corruption, restoration costs, reconstruction costs, business interruption, lost revenue, or claims arising from the Customer’s failure to maintain independent verified backups.

Hardware and infrastructure can fail unexpectedly despite monitoring, maintenance, redundancy, and reasonable operational precautions.

CloudXen will use commercially reasonable efforts to diagnose an infrastructure failure and restore or replace affected components, but no specific diagnosis, replacement, migration, repair, or restoration time is guaranteed.

Replacement hardware may differ in brand, model, generation, architecture, firmware, or benchmark performance while providing substantially comparable service specifications.

Where necessary, CloudXen may migrate a virtual machine or account to different hardware, storage, IP space, network, software, or data-centre infrastructure.

Customer approval is not required for emergency action reasonably necessary to protect data, infrastructure, networks, or other Customers.

CloudXen may perform scheduled or emergency maintenance, inspections, repairs, updates, migrations, security work, network changes, storage work, or infrastructure replacement.

We will attempt to provide advance notice of planned maintenance where reasonably practical. Emergency work may occur without prior notice.

Maintenance may result in temporary downtime, reduced performance, routing changes, reboots, migrations, or limited functionality.

CloudXen is not responsible for Customer-side incompatibility caused by unsupported, obsolete, unlicensed, or improperly configured software following a necessary infrastructure update.

CloudXen aims to provide reliable and continuously available services. Any uptime percentage displayed on our website is a service target and not a warranty, financial guarantee, or contractual service-level commitment unless an applicable written Service Level Agreement expressly states otherwise.

Availability calculations, where applicable, may exclude:

• Scheduled or emergency maintenance.
• Customer-requested work or customer configuration.
• Suspension, non-payment, abuse, or violation of these Terms.
• DDoS attacks, cyberattacks, malware, or security incidents.
• Third-party software, licenses, DNS, domains, APIs, or networks.
• Data-centre, carrier, transit, peering, or upstream failures.
• Force majeure events.
• Failures outside CloudXen’s reasonable control or failures that cannot be reproduced through CloudXen monitoring.

No cash compensation, refund, or service credit is due for downtime unless expressly provided by a separate written SLA.

CloudXen uses reasonable administrative, operational, and technical measures appropriate to the nature of its services. However, no internet-connected system, data centre, network, software platform, or storage system can be guaranteed completely secure.

CloudXen does not warrant that services will be free from malware, vulnerabilities, unauthorized access, interception, exploitation, data breaches, software defects, or zero-day attacks.

You are responsible for implementing security appropriate to your workload, including updates, access controls, encryption, logging, monitoring, backups, vulnerability management, and incident response.

CloudXen may take protective action without advance notice, including password resets, port blocks, network filtering, isolation, reboots, access restrictions, suspensions, or migrations.

CloudXen’s collection and use of account and website information are described in our Privacy Policy.

You are responsible for determining whether your use of the services complies with privacy, data-protection, data-residency, cybersecurity, consumer-protection, employment, financial, healthcare, and other laws applicable to your activities and users.

Unless separately agreed in writing, CloudXen does not represent that a standard hosting service is specifically compliant with any sector-specific framework, certification, or foreign privacy law.

You must not store highly sensitive regulated data unless the selected service, security controls, and written agreement are appropriate for that data.

CloudXen may process and disclose information where reasonably necessary to operate services, prevent fraud or abuse, protect rights and safety, enforce these Terms, comply with legal obligations, or respond to lawful requests.

Domain registrations, renewals, transfers, and redemptions are subject to registry, registrar, ICANN, ccTLD, and other third-party policies in addition to these Terms.

Domain availability searches are not guaranteed until registration is successfully completed by the relevant registry or registrar.

You are responsible for maintaining accurate registrant information, responding to verification requests, observing renewal dates, and complying with applicable domain policies.

CloudXen is not responsible for domain loss caused by expired registration, inaccurate contact information, verification failure, registry action, dispute proceedings, payment failure, transfer lock, third-party error, or Customer delay.

Domain fees and redemption charges are generally non-refundable.

Third-party software and licenses, including control panels, security products, backup products, operating systems, and other applications, remain subject to the vendor’s terms, technical limitations, pricing, availability, and licensing rules.

CloudXen may suspend or remove a license if the associated invoice is unpaid, the vendor withdraws the product, licensing conditions change, the service becomes unavailable, or use violates vendor terms.

CloudXen is not responsible for a third-party vendor’s software defects, licensing changes, security vulnerabilities, outages, discontinued products, feature changes, or data handling.

You must maintain valid licenses for all software installed or used through your service.

A reseller is responsible for its own customers, contracts, billing, support, content, conduct, privacy notices, backups, refunds, and compliance.

Resellers must ensure that their customers comply with these Terms and all applicable policies. A violation by a reseller’s customer may be treated as a violation by the reseller.

CloudXen has no contractual obligation to provide direct support, refunds, data, or services to an end customer of a reseller unless CloudXen separately agrees in writing.

CloudXen may suspend an entire reseller account where an individual account creates an urgent technical, abuse, security, legal, or reputational risk.

Migration, transfer, restoration, configuration, repair, and technical-assistance services are provided on a best-effort basis unless a written agreement expressly states otherwise.

CloudXen does not guarantee that all files, databases, emails, permissions, DNS records, applications, cron jobs, passwords, settings, metadata, or third-party integrations will transfer successfully.

Before migration or technical work begins, you must maintain a verified independent backup and must not cancel the source service until you have tested and accepted the destination.

CloudXen is not responsible for incompatibility, missing data, application errors, DNS propagation, duplicate messages, licensing problems, or downtime arising during or after migration unless caused by liability that cannot legally be excluded.

CloudXen does not routinely review private Customer content. However, we may monitor service metadata, resource usage, traffic patterns, security events, system health, network information, and other operational data to provide and protect the services.

Where reasonably necessary, authorized personnel may access a service or stored data to provide requested support, diagnose faults, investigate abuse, prevent harm, restore service, enforce these Terms, or comply with law.

CloudXen may preserve relevant data, logs, or account records when required for security, fraud prevention, dispute resolution, compliance, or lawful proceedings.

CloudXen may restrict, isolate, suspend, or terminate an account or service where reasonably necessary because of:

• Non-payment or payment reversal.
• Violation of these Terms or another CloudXen policy.
• Fraud, identity concerns, or suspicious transactions.
• Abuse complaints or security threats.
• Illegal activity or a lawful authority request.
• Excessive resource usage or infrastructure risk.
• Threats, harassment, or abuse directed at staff or others.
• False information or failure to complete verification.
• Repeated complaints or repeated policy violations.
• Any urgent circumstance where continued operation may harm CloudXen, another Customer, a third party, or the public.

CloudXen may act without prior notice in urgent, serious, illegal, fraudulent, security-sensitive, or technically harmful situations.

Where appropriate, CloudXen may offer an opportunity to correct a violation, but is not required to do so for serious or repeated violations.

Following termination, CloudXen may permanently delete data, release IP addresses, revoke licenses, cancel backups, and return resources to available inventory.

You must communicate with CloudXen staff, contractors, providers, and other Customers in a lawful and respectful manner.

Threats, harassment, discriminatory abuse, repeated profanity, intimidation, extortion, impersonation, publication of private staff information, or abusive support behaviour may result in restricted support or account termination.

CloudXen may record and retain tickets, emails, chats, calls, and other communications for support, training, security, dispute, and compliance purposes, subject to applicable law and our Privacy Policy.

You represent and warrant that:

• You have legal capacity and authority to accept these Terms.
• Your account and payment information are accurate and authorized.
• Your use of the services will comply with applicable law.
• You possess all rights and permissions necessary for your content, software, and activities.
• Your use will not infringe or violate the rights of CloudXen or any third party.
• You will maintain adequate independent backups and security.
• You will promptly cooperate with reasonable verification, security, abuse, and compliance requests.

To the maximum extent permitted by applicable law, CloudXen services are provided on an “as is” and “as available” basis.

CloudXen disclaims all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, uninterrupted operation, data preservation, security, accuracy, and error-free performance.

CloudXen does not warrant that the services will meet every Customer requirement, produce a particular business result, maintain compatibility with every application, or operate without interruption, vulnerability, latency, packet loss, defect, or failure.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, CloudXen and its owners, directors, officers, employees, contractors, agents, licensors, data centres, network providers, and suppliers will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential loss or damage.

This exclusion includes loss of profit, revenue, sales, business, goodwill, reputation, opportunity, anticipated savings, contracts, customers, data, software, databases, email, cryptocurrency, digital assets, or business continuity, and includes costs of substitute services, recovery, reconstruction, investigation, or third-party claims.

To the maximum extent permitted by law, CloudXen’s total aggregate liability arising out of or relating to a specific affected service will not exceed the amount actually paid by the Customer to CloudXen for that affected service during the one month immediately preceding the event giving rise to the claim.

If the affected service was free or no payment was made during that period, CloudXen’s aggregate liability will not exceed BDT 1,000, except where a lower or different limit is required by applicable law.

These limitations apply regardless of the legal theory of the claim and even if CloudXen was advised that loss was possible.

Nothing in these Terms limits or excludes liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot legally be limited or excluded.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless CloudXen and its owners, directors, officers, employees, contractors, agents, licensors, suppliers, infrastructure providers, and affiliates from claims, demands, proceedings, losses, liabilities, penalties, damages, judgments, and reasonable legal or professional costs arising from or relating to:

• Your use or misuse of the services.
• Your content, applications, products, users, or communications.
• Your violation of these Terms or applicable law.
• Your infringement of another person’s rights.
• Your fraud, negligence, misconduct, or security failure.
• Activities performed through your account or services.
• Claims made by your customers, users, employees, or partners.

CloudXen may control the defence and settlement of a covered claim, and you must provide reasonable cooperation. CloudXen will not agree to a settlement imposing a direct non-monetary obligation on you without reasonable consultation where legally and practically possible.

CloudXen will not be liable for delay, interruption, degradation, data loss, inability to perform, or failure caused by circumstances beyond its reasonable control.

Such circumstances may include natural disasters, fire, flood, cyclone, earthquake, lightning, extreme weather, epidemic, pandemic, war, terrorism, civil unrest, strikes, government action, legal restrictions, sanctions, embargoes, power failure, fuel shortage, cable cuts, internet disruption, data-centre incidents, upstream-provider failure, software-vendor failure, cyberattacks, DDoS attacks, routing incidents, hardware shortages, and major telecommunications failures.

CloudXen may take reasonable steps to mitigate such an event but does not guarantee uninterrupted performance during or after it.

CloudXen may provide notices through email, support ticket, client portal, invoice, account notification, SMS, website announcement, or another reasonable electronic method.

A notice is considered delivered when sent or posted, even if it is filtered, unread, sent to an outdated address, or not received because the Customer failed to maintain accurate contact information.

You must send legal or contractual notices to CloudXen through the contact information listed at the end of these Terms and clearly identify the notice as a legal notice.

CloudXen may change service features, limits, infrastructure, providers, policies, fees, and renewal prices where reasonably necessary.

Material changes will be communicated through the website, client portal, invoice, email, or another reasonable method.

Unless otherwise stated, updated Terms become effective when published or on the effective date displayed in the update notice.

Continued use or renewal of a service after updated Terms take effect constitutes acceptance of the updated Terms. If you do not agree, you must stop using and cancel the affected service before the change takes effect, subject to existing payment obligations.

These Terms and any non-contractual obligations arising from them are governed by the laws of Bangladesh, without regard to conflict-of-law principles.

Subject to the dispute-resolution process below and any mandatory legal rights, the courts of competent jurisdiction in Dhaka, Bangladesh will have exclusive jurisdiction over disputes arising from or relating to these Terms or CloudXen services.

Nothing in these Terms prevents CloudXen from seeking urgent injunctive, protective, security-related, or debt-recovery relief in another court of competent jurisdiction where reasonably necessary.

Before filing a formal claim, the complaining party must send a written notice describing the dispute, relevant service, invoice, requested resolution, and supporting evidence.

Both parties will attempt in good faith to resolve the dispute through direct discussion for at least 30 days after receipt of a complete written notice, unless urgent relief is reasonably required.

Nothing in this section prevents either party from using a lawful consumer complaint process, reporting criminal conduct, complying with a limitation period, or exercising a right that cannot be waived.

To the maximum extent permitted by applicable law, any contractual claim against CloudXen must be notified in writing within 90 days after the Customer became aware, or reasonably should have become aware, of the event giving rise to the claim.

This notification requirement does not shorten a statutory limitation period or restrict a mandatory legal right that cannot lawfully be waived.

You may not transfer or assign your account, service, rights, or obligations without CloudXen’s prior written approval.

CloudXen may assign, transfer, subcontract, or delegate its rights and obligations to an affiliate, successor, purchaser, service provider, infrastructure provider, or other third party as part of business operations, restructuring, financing, or sale.

CloudXen remains responsible only to the extent required by applicable law and the relevant contractual arrangement.

The parties are independent contractors. These Terms do not create a partnership, joint venture, employment relationship, fiduciary relationship, franchise, or agency relationship.

Neither party may bind the other or make commitments on the other’s behalf unless expressly authorized in writing.

If any provision of these Terms is held unlawful, invalid, or unenforceable, that provision will be enforced to the maximum lawful extent or modified as necessary, and the remaining provisions will continue in effect.

CloudXen’s failure or delay in enforcing a provision does not waive that provision or any other right.

A waiver is effective only when expressly confirmed in writing by an authorized CloudXen representative.

If different CloudXen documents conflict, the following order generally applies unless expressly stated otherwise:

1. A separately signed written agreement.
2. A service-specific written addendum or SLA.
3. The applicable order form or written quotation.
4. These Terms of Service.
5. The Acceptable Use Policy.
6. The Refund Policy and other published policies.
7. General marketing or website content.

A promotional or marketing statement does not override a specific contractual limitation unless CloudXen expressly confirms the override in writing.

These Terms, together with the incorporated policies, applicable service descriptions, invoices, order forms, and signed agreements, constitute the entire agreement between you and CloudXen regarding the services.

They replace prior oral or written discussions, representations, proposals, and understandings concerning the same subject matter.

Statements made by support agents, sales representatives, resellers, or contractors do not modify these Terms unless an authorized CloudXen representative expressly confirms the modification in writing.

Provisions concerning payment obligations, customer content, intellectual property, confidentiality, data responsibility, disclaimers, limitation of liability, indemnification, disputes, governing law, and any provisions that by their nature should survive will remain effective after suspension, cancellation, expiry, or termination.