Preamble

This Billing Policy (hereinafter referred to as the "Policy") is issued by ESDS Software Solution Limited, a company incorporated under the Companies Act, 2013, having its registered office at ________________________ (hereinafter referred to as "ESDS" or "the Company"). This Policy governs all billing, payment, invoicing, refund, renewal, and account management matters in relation to the services provided by ESDS to its clients (hereinafter referred to as "the Client").

This Policy shall be read in conjunction with the applicable Terms of Service, Service Level Agreement (SLA), and Purchase Order executed between ESDS and the Client. In the event of any conflict, the terms of the executed agreement shall prevail over this Policy.

Definitions

For the purposes of this Policy, the following terms shall have the meanings ascribed to them below:

Clause 2 — Bank Payments & Cheque Dishonour

2.1 For payments made by bank transfer (NEFT/RTGS/IMPS), the Client shall submit the original payment receipt or transaction reference number through the ESDS Client Portal or by email to [email protected] within 24 (twenty-four) hours of making the payment. This shall enable ESDS to reconcile the payment in a timely manner.

2.2 In the event of dishonour or non-realisation of a cheque submitted by the Client, ESDS shall be entitled to levy a cheque dishonour fee of INR 2500/- (Rupees Two Thousand and Five Hundred only) per instance, in addition to any bank charges incurred, as liquidated damages and not as a penalty. Such amount shall be added to the Client's outstanding invoice. Additionally, ESDS reserves the right to suspend cheque payment facility for any Client who has had two or more instances of cheque dishonour.

Clause 3 — Billing Information & Account Changes

3.1 Any change in the Client's contact details, billing information, billing cycle, account ownership, or service configuration (upgrade / downgrade) shall be effected only upon submission of a duly authorised request through the ESDS Client Portal, subject to the conditions set forth below.

3.2 Change of Company Name: The Client shall submit a formal written application on its official letterhead, duly signed and stamped, containing the following information:

• New and old Company name
• PAN Number/GST certificate of the entity
• Certificate of Incorporation / Registration Number
• Any supporting government-issued document evidencing the change of name

3.3 Upgrade / Downgrade of Services: Requests for service upgrades or downgrades shall be submitted through the Client Portal at least 5 (five) business days prior to the next invoice due date to enable ESDS to issue a prorated credit or additional charge on the base amount of the affected invoice.

3.4 Add-on products and ancillary services shall be governed by the applicable Terms of Service and shall be chargeable at rates communicated by ESDS at the time of provisioning.

Clause 4 — Billing Cycles & Invoice Generation

4.1 ESDS provides the following billing cycle options for Web Hosting, Cloud, and Colocation services, as agreed in the applicable Purchase Order or Contract:

• Monthly
• Quarterly (3 months)
• Semi-Annual (6 months)
• Annual (12 months)
• Bi-Annual (24 months)

4.2 SSL Certificates & Domain Registrations are available on an Annual/ Bi-Annual basis only, as applicable.

4.3 Invoices are generated on the 1st (first) day of every month. Orders placed during the course of a month shall attract a prorated invoice for the remainder of that month, following which the standard billing cycle shall apply from the succeeding month.

4.4 The invoice shall be dispatched to the Client's registered email address on the service renewal date. As per standard procedure, automated payment reminder emails shall be sent to the Client's registered email address 3 (three) days and 2 (two) days prior to the Due Date.

4.5 All billing queries, disputes, or amendment requests must be raised by the Client before the invoice Due Date.

Clause 5 — Domain Renewals

5.1 It is the Client's responsibility to ensure timely renewal of domain names registered through ESDS. The Client shall contact ESDS on or before the domain expiry date to initiate renewal.

5.2 Upon expiry, ESDS shall endeavour to renew the domain on the Client's behalf at standard renewal charges. However, if the domain has entered the Redemption Period as declared by the relevant domain registry, the Client shall be liable to pay:

• Redemption charges as levied by the domain registry (which may vary and shall be communicated by ESDS at the time of renewal); and
• Standard domain renewal charges.

5.3 ESDS does not guarantee the availability or recovery of a domain that has lapsed beyond the Redemption Period. The Client acknowledges that ESDS shall bear no liability for permanent loss of a domain name due to the Client's failure to renew in time.

Clause 6 — Service Renewals & Auto-Renewal

6.1 All ESDS services shall be automatically renewed at the end of the applicable Billing Cycle, at the then-prevailing rates, unless the Client submits a written cancellation request at least 30 (Thirty) days prior to the renewal date through the ESDS Client Portal or by email to [email protected].

6.2 ESDS shall send a service renewal reminder to the Client's registered email address 30 (thirty) days before the upcoming renewal date.

6.3 The Client acknowledges that failure to submit a timely cancellation request shall constitute acceptance of the renewal and the Client shall be liable for all charges arising therefrom.

6.4 ESDS reserves the right to revise service charges at the time of renewal. Any such revision shall be communicated to the Client at least 30 (thirty) days in advance.

Clause 7 — Account Verification

7.1 All online orders are subject to a mandatory fraud detection and verification process. ESDS's verification department shall cross-verify all information provided by the Client and may request additional documentation or evidence as deemed necessary.

7.2 The verification process is conducted to ensure that the account owner has duly authorised the order and that the payment has been made with the account holder's informed consent.

7.3 Service provisioning shall commence only after successful completion of the verification process. ESDS shall not be liable for any delay in service activation caused by incomplete or inaccurate information submitted by the Client.

7.4 ESDS processes all personal data collected during verification in accordance with the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 (DPDPA). The Client's data shall not be shared with any third party except as required by applicable law or regulatory authority.

Clause 8 — Security Violations

8.1 In the event of any actual or suspected security violation, breach of acceptable use, or abuse of ESDS infrastructure, ESDS shall forthwith suspend the concerned Client account and notify the Client of the same in writing.

8.2 Reactivation of the suspended account shall be considered only upon receipt of the following from the Client:

• A detailed explanation and evidence of the remedial action taken by the Client to address the security violation; and
• A duly signed undertaking on the Client's official letterhead, undertaking to comply with ESDS's Acceptable Use Policy and to ensure non-recurrence of such violation.

8.3 Evidence and information submitted by the Client in connection with a security violation may be shared with relevant regulatory authorities, law enforcement agencies, or government departments as required by applicable law.

8.4 Accounts terminated on account of Policy violations, copyright infringement, hosting ethics violations, or complaints from recognised legal or regulatory agencies shall not be entitled to any refund of charges paid. ESDS shall effect permanent termination only after substantiating the charges or violations with adequate evidence.

Clause 10 — Dispute Resolution

10.1 In the event of any billing dispute, the Client shall first raise the matter in writing to ESDS at [email protected], with full details of the dispute and supporting documentation. ESDS shall acknowledge the dispute within 03 (three) working days and endeavour to resolve the same within 15 (fifteen) working days of receipt.

10.2 If the dispute is not resolved within 15 (fifteen) working days, either party may initiate mediation or arbitration or seek recourse under applicable law as per Clause 14.

Clause 11 — Force Majeure

13.1 ESDS shall not be held liable for any delay, failure, or interruption in services resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemic or pandemic, war, civil unrest, government orders, internet backbone failures, power outages, or cyber-attacks by third parties.

13.2 ESDS shall notify the Client of such events at the earliest practicable opportunity and shall make reasonable efforts to restore services as expeditiously as possible. Force Majeure events shall not relieve the Client of its payment obligations for services already rendered.

Clause 12 — Governing Law & Jurisdiction

14.1 This Policy and all matters arising out of or connected with it shall be governed by and construed in accordance with the laws of India, including but not limited to the Indian Contract Act, 1872, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and other applicable statutes.

14.2 Subject to Clause 10, any dispute, claim, or controversy arising out of or relating to this Policy which cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts at Nashik, Maharashtra, India.

Clause 13 — Policy Amendments

15.1 ESDS reserves the right to amend, revise, or update this Policy at any time at its sole discretion. Clients shall be notified of any material changes to this Policy via email to their registered email address at least 15 (fifteen) days prior to the effective date of such changes.

15.2 Continued use of ESDS services after the effective date of any amendment shall constitute acceptance of the revised Policy by the Client.

15.3 The most current version of this Policy shall be made available on the ESDS Client Portal and website at all times.

Clause 14 — Severability

16.1 If any provision of this Policy is held to be invalid, unenforceable, or contrary to applicable law by a court of competent jurisdiction, such provision shall be deemed severed from this Policy without affecting the validity or enforceability of the remaining provisions.