General Terms And Conditions
Service Level Agreement [v1.2 Oct. 1, 2021]

Service Level Agreement - 99.9% Uptime Guarantee

Babal.Host offers a 99.9% Uptime Guarantee as standard on all our plans. That means your web server is guaranteed operational 99.9% of the time in any calendar month. We guarantee 99.9% service uptime allows for 45 minutes of unscheduled (HTTP) service outage per month as defined here due to errors at our end. Any outages pre-announced and as part of the maintenance are not classified as an outage. For downtime more than as in SLA at the server level, you receive credit as detailed below.

Regardless of the number of outages, all credits are limited to one month's hosting service fees and do not include excess usage fees or other non-standard recurring charges. The amount of the credits are determined by the following table, based on the amount of server uptime for the month in which credits are requested.

SERVER UPTIME FOR THE MONTH PERCENTAGE OF MONTHLY CREDIT
99.9 - 100% 0% credit
99.4 - 99.89% 10% credit = 3 days
99.0 - 99.39% 25% credit = 8 days
98.4 - 98.99% 50% credit = 15 days
97.9 - 99.39% 75% credit = 23 days
97.89% and below 100% credit = 1 month

Babal.host will not be held responsible for outgage of service resulting from client own configuration error in either webiste or the control panel.

Privacy Policy [v1 Oct. 1, 2019]

Privacy Policy Statement

We only ask for and store the minimal personal information we need in order to provide an excellent service. This includes the information that you provide during the registration process. The orders that you place would be maintained within your client profile for you to review as and when required and to do any action with regards to the service like to update, or renew.

We take your privacy and security very seriously. We will never pass any of your details on to third parties for any purpose, except when we are required to by law enforcement agencies who approach us after completing the required checks/processes.

Babal.Host does not store credit card information. We use third-party payment processors who provide us with a token. If you remove a card from your account, the card is automatically removed from the third-party provider, and any records of the token are completely destroyed.

We use cookies on our websites to track browsing behavior, links clicked, items purchased, device type, and to collect various data, including analytics, about how users use and interact with our services. This allows us to provide our users with more relevant product offerings, a better experience on our sites and mobile applications, and to collect, analyze and improve the performance of our services. We may also collect our user location (IP address) so that we can personalize our services.

This website contains links to external sites. Please be aware that we are not responsible for the content of external sites.

We may also notify our registered users of special offers and updates to our services in our newsletter, and send greetings on special occasions. You may unsubscribe from all or some communication.

If you have any further questions or concerns please contact us.

Data Retention and removal

At time of registration we need the user to provide full name, email address, phone number, address, city, state, postcode and nation as manditory field for the verification of the user. The information entered would remain confidential. In case of domain registration as part of ICANN regulation - the information if ID protection is disabled would be publicly viewable via WHOIS checks. The information can be altered by the user to be different from the one the user registered with.

The data retention would strongly follow the regulations in place by Nepal government. And, will only be used to communicate about the services the user purchased with us.

For any user seeking to have the data removed, a support ticket logged in to the client area would be required with the details. The user account can be completely closed if the user did not have any active services at the time of request. Or, in case if any active services are there - the user can still request for the removal of the data - but this would be done following on a check if any of the services purchased with us are used for ill-intend. After proper verification, the user data can be removed upon request.

For users with at least one or more active service, we will require a hand written letter including the signature of the requester along with a veriabible identity to confirm that it's the authentic request for us to process. Closure of the account means, all the services within the account would be cancelled

Terms & Services [v2.1 Sep. 15, 2022]

Terms and Conditions

Welcome to Babal.Host!

These terms and conditions outline the rules and regulations for the use of Tyro Soft Pvt. Ltd.'s Website, located at https://babal.host and all the subdomain within the structure.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Babal.Host or it's service if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Nepal and United States of America (USA). Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Hosting Service

Free Domain Offer. Some of our hosting packages include a free domain registration or transfer. This applies to a limited number of domain extensions (TLDs) and may vary from time to time. We may allow or disallow a free registration or transfer at our discretion. Any extensions (TLDs) not mentioned in the order page are excluded from this offer and will incur additional costs. Any reduction in fees for customers who wish to order using a different extension must be agreed in advance by us. The registration period for such free qualifying domains is one year. Future renewals of these domains will incur our regular renewal rate.

VAT Charges. Based on the country you have registered the account from or with - additional VAT charges might be applicable with the hosting purchase. In case of Nepal, the VAT charges added would be 13%. The rate also varies with the state in the USA.

Purpose of Services. Unless explicitly stated to the contrary our services are intended to be used for the purposes of hosting websites and email for personal or business usage. Batch processing, video encoding/trans coding, web crawling/spidering, archiving and online backup systems and any system for purposes other than hosting a website are not permitted on our shared or reseller hosting servers. You may only use such tools with our agreement in writing on a dedicated server. We reserve the right to take proactive action to maintain the stability of our systems for all clients.

Following type of contents is not allowed in any of our hosting structure:

  • Illegal / copyright contents
  • File / database warehousing (like google drive for just storing and sharing download links) [exception with dedicated hosting where it can be allowed with written confirmation beforehand]
  • Crypto mining
  • Tube sites, adult or otherwise
  • Phishing

Any sites found to be hosting such contents would have their account suspended and follow on action initiated at the discretion of Babal.Host compliance unit.

Suitability of Hosting Environment. Some packages feature an 'unlimited' service, meaning we do not actively limit your account on either disk space or bandwidth (or both). However, to ensure system stability, accounts are limited by resource usage to ensure no one client can affect the service of others on shared or reseller servers. On dedicated servers, your resources are defined by the package you purchase. Any account usage is excessive over a period of time to the point it is impacting on other users experience, then we reserve the right to ask you to reduce your broadband usage or take further actions to limit the impact which includes temporary suspension of the account until preventive actions are in place and verified by us.

“Unlimited” Allowances. Any ‘unlimited’ allowances are subject to fair use and any customer using any amount of monthly bandwidth or disk space deemed excessive in comparison to the average usage by other customers on our platform may, at our discretion, be advised to improve website efficiency and/or configure a CDN, or upgrade to a bespoke solution and will be billed accordingly. We do not actively monitor the usage, but should any account be picked during the routine security audit, we may request the user to take actions to bring the usage down. Any accounts hitting 50GB or higher usage per package might be asked to limit their usage.

Migration Service. We offer a free migration service to help move your website from your previous provider to ourselves. This is a best-effort service and would be in full. Meaning your control panel primary domain in your remote server need to be the same as it is at our end. Our migration service do not cover for addon domains (but so long as cPanel is used as control panel, all things in it are moved including subdomain, addon and alias).

You acknowledge that you are the party most familiar with your website and we cannot know the intricacies of all the websites we host. We will take reasonable care to move your site files and data but it is your responsibility to give us suitable access to retrieve the data and to check that the site has been migrated successfully and as required. We aim to migrate websites within 48 hours, though we do not guarantee any particular timeframe for the migration. In some cases, we may be able to migrate emails, DNS records and domain names also, but we do not warrant that we can move them successfully, or without interruption.

Changes to the hosting environment. We reserve the right to change the hosting environment your website runs in. These changes will be made on a “like for like” basis and will not affect your use of the hosting environment. The only circumstances where material changes will be made to your website hosting environment will be to provide you with an upgrade’. You will be informed in writing of any changes via our status page at https://status.babal.host/ that we make to the hosting environment. We will also attempt to write to you via email if you are making use of 3rd party DNS resolver and action is required at your end to point to the new/upgraded server.

CDN and Bandwidth Usage. In some locations where bandwidth prices are high due to relative lack of connectivity (e.g. the Middle East), or fluctuate, we may require you to use a CDN service we provide. A CDN service distributes worldwide traffic worldwide, rather than from your single server, thus speeding up page loads and reducing bandwidth from source. We will reasonably assist with the setup if required.

Service uptime. We endeavor to provide a 99.9% service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance through our status page. In the event of a problem with your server, we shall ensure that a qualified engineer will be dealing with the problem within 30 minutes of being notified. In the rare event that your problem cannot be resolved within 30 minutes, we will periodically update the status page with the incident. If avaiable, we will provide you with the details of the problem along with an estimation of when the issue will be resolved in the status page. Notification will only be posted in our status page about any/all incidents.

Backups. We do retain daily backups of your website files, database, cron jobs, emails, and DNS records and store them offsite, usually in the same geographic region (but not necessarily the same country) as your live server for the best performance. If you have data residency requirements please contact us to arrange a bespoke solution for your dedicated hosting plan. We may exclude files we consider non-fundamental to the operation of your website, e.g. error logs, cpanel backups, cache files.

Backups are our best effort service and we do not warrant that they are complete or regular. It is your responsibility to keep backups of your own website. In some cases, the backup frequency might be different than stated if the account size is large or has larger file count which results in it to take longer period for the backup processes to complete. In such cases, the backup frequency/time period for backup would largely vary.

There can also be cases where the backup processes are stuck for a reason or other. In such cases, we can review and restart the backup soon as we are aware of the same during our audit or as our users notify us. In such cases, the backup would be missing for the period it was stuck. As such, we do request users to review the avaiable of backup before making any drastic changes/updates to the website.

Disruption to Services. We are not responsible for disruption to the services outside our control. We endeavor to choose providers that offer an extremely high level of performance and uptime but if our supply of the services disrupted by an event outside our control then we will contact you as soon as possible to let you know via our status page and we will take steps to minimize the effect of the disruption. This would be via our status page at status.babal.host. We will not be liable for disruption caused by the event. We will not be responsible for network or hardware issues upstream of us. E.g. if LeaseWeb have an issue we will not be responsible for their problems or include this within our 99.9% uptime calculation.

Domains

The domain registration/renewal/transfer fees would be as listed in our domain registration page here: https://clients.babal.host/cart.php?a=add&domain=register

Domain renewal reminder emails would be sent in line with ICANN (Internet Corporation for Assigned Names and Numbers) policy before the domain expiry date. Email is the only method of communication we make use of for domain renewal reminders. No SMS or call would be done for reminding.

No emails would be sent nor the invoice created if the domain auto renewal is turned OFF by the client. Please ensure that your email is functional and updated as is required. Do ensure that our emails are whitelisted such that they do not end up in spam/junk.

Once the domain expires, immediately after the domain enters grace period when a fee of NPR. 100 is charged. The period is often 20 days when the user would be able to still renew their domain name with small to no fee. The following fee can be removed upon request via support ticket in most of the cases as long as domain is still under this stage.

A late fee might be added 7-days past the due date – which is charged at 10% of the invoiced total amount. We can have this fee removed upon request via support ticket in most of the cases.

Once the 20 days of the initial grace period is over, the domain is released from our system and moves to the registry like Verisign (in case of .com), when renewal is possible but might require multiple days to complete the renewal process. A fee of NPR. 15,000 - 25,000 is applied during this period - which is called as restoration fee. The domain remains in redemption period for 40 days (domain is classified as expired in the client area after 10 days but the users can still get in touch with us via any of the support means to renew the domain). During this period, the user can still renew the domain but at a huge added charge. A status "redemptionPeriod" is added which is visible as you make use of the WHOIS provider if the domain is under "Redemption Period". You can use WHOIS provider like this https://www.whois.com/whois/ to check if your domain is under redemption period.

Once the redemption period is completely over, the domain enters delete phase when the domain renewal is not possible at all. The respective registry (ones who own the TLD) removes the domain from their system as well and makes it avaiable as new registration 80-90 after the initial expiry date of the domain.

As this happens, the domain will be avaiable to register from any of the providers around the world at their base/normal price. The domain at this point can be registered by anyone from anywhere.

Domain Transfers

Domain transfer from an external registrar to ours require a 5-days holding period and the move completes on day 6-7. The current registrar and/or the admin user for the domain do have the rights to cancel the transfer of the domain. Should the user or the current registrar cancel the transfer – it cannot complete. In such cases, we can refund the amount paid as we are notified over support ticket the wallet details or the account we are to transfer the fund to. We will not be held liable for anything with regard to domain expiry due to the transfer failure due to rejection by the user oneself or the current registrar they have the domain registered with. It will be the responsibility of the user to discuss with the current registrar in that case to reach the resolution to ensure the transfer of the service is not restricted.

Operational Topics and clarifications of services

Payment verification. In case if the user opt to make use of bank transfer; wallet load via bank transfer – we do require the user to write to us via support ticket with the evidence of the transfer along with the invoice number the payment is to be credited for. Any interruption of the service or the removal as well once the normal phases are complete due to failure to notify us about the payment would not held us liable for anything. The user would take sole responsibility for the same. We will try to assist with the restoration of the service but would be our best effort and failure to do so would exclude us from any liability for the same.

Additionally, if the user has made use of any payment gateway, or other manual transfer mode and if the amount is not updated in the invoice for issues within the gateway or missing update at our end – we do expect the user to notify us via our ticketing system about the same such that we can review this further with the concerned party to have the issue sorted. Any expiry of the service or removal would exclude us from any liability in this case.

Hosting expiry phases. We do provide upto 2 days of grace period for any expired hosting plan. The hosting account would remain operational during this stage. No fees are added either. At mid-night, the service is then suspended and is scheduled for termination. A 72-hrs termination email is sent to the registered mailbox. Our representative would attempt to contact in the registered phone number – a single attempt is made; no further contact is done if the call isn't established for it being switched off, out of network coverage, disconnected by the user or if it's not picked or any other network issues.

After the 72 hrs window, the service can be removed from our system immediately after. Any backup copies of the site are removed with it as well.

Hosting restoration. Once the so mentioned phases conclude as is detailed under "Hosting expiry phases" and the service is removed or sooner if the "cancellation request" exists for the service – all things within the hosting account would be removed from our system. Upon request from user, we can attempt a restoration attempt but we cannot guarantee that it would succeed. A fee of NPR. 500 + VAT is charged for the attempt. The fee is refunded for failed restoration attempt while it is consumed and non-refundable soon as the restoration process completes.

Service status. Pending, Active, Suspended, Terminated, Cancelled, Fraud are the different service status used to represent the current status for the service. Pending is before the service is actually active. While active refers to the service being running and operational. Terminated would refer to account which is removed from our structure for legal or billing reasons. Cancelled are those services, which the user did not wanted to renew, and all the data for the same are removed from our structure. These do also refer to those pending orders whose payment was never received. Fraud refers to those services or services from the user whose account is flagged for credit card fraud, chargeback or other illegal actions.

Pending, Pending Registration, Pending Transfer, Active, Grade Period (Expired), Redemption Period (Expired), Expired, Transferred Away, Cancelled, Fraud are the status that is used for the domains. Pending refer to those domains whose order is received but is not active for payment due or incomplete/incorrect client information. Pending Registration refer to the stage when the domain registration process is ongoing for the domain in request. Pending Transfer refers to those domains whose transfer is ongoing and the domain is being moved into our system from external registrar. Active refers to those domains which are currently operational. Grace Period (Expired) is one of the three-status code used for the domain that has expired and cease to function. This is the stage which starts right after the domain expiry and a small fee might be added. Redemption Period (Expired) is the stage where the domain is removed from our system and a huge fee is added for the renewal of the domain. During this stage, renewal of the domain is our best effort even with the huge fee and we do not warrant the domain is renewed 100% of the times. Expired refers to those domains which is released from our system. These domains might still be with registry and pendingDelete. Transferred away refers to those domains that has been moved away from ours to some other registrar. Cancelled refers to those domains which the user didn't opt to renew or have had auto renewal disabled and domain expired. This status also refer to those domains which is cancelled due to no payment. Fraud refers to those services or services from the user whose account is flagged for credit card fraud, chargeback or other illegal actions.

Domain and hosting price. The prices for domain and hosting is set by the company and is subject to review/change with or without prior notice.

Cookies

We employ the use of cookies. By accessing Babal.Host, you agreed to use cookies in agreement with the Tyro Soft Pvt. Ltd.'s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Tyro Soft Pvt. Ltd. and/or its licensors own the intellectual property rights for all material on Babal.Host. All intellectual property rights are reserved. You may access this from Babal.Host for your own personal use subjected to restrictions set in these terms and conditions.

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Tyro Soft Pvt. Ltd. does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Tyro Soft Pvt. Ltd., its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Tyro Soft Pvt. Ltd. shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Tyro Soft Pvt. Ltd. reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Tyro Soft Pvt. Ltd. a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Tyro Soft Pvt. Ltd.; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Tyro Soft Pvt. Ltd.. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Tyro Soft Pvt. Ltd.'s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Refunds & Cancellations [v1.1 Aug. 20, 2020]

Cancellation and refund

Cancellation notices qualifying for refunds for all services for general hosting plans or domains can be provided anytime before the service expiry, with the exception of dedicated servers for which we require a cancellation notice a minimum 15 days before the next billing date. No cash refunds will be granted unless a payment has been taken in error. A breach of any of our terms and conditions will result in immediate termination with no refund. Any disputes should be expressed in writing via a valid written contact method as listed on our contact page.

30-day moneyback guarantee

Money-back policy for the services will be as detailed in our page as here: https://babal.host/moneyback

Additional services and refunds

If additional free/paid services are taken in addition to the purchase service like free migration with web hosting packages - the applicable charges for the migration would be deducted at the time of refund processing. The fee would be 25% at minimum and 75% at maximum of the package's annual cost, which would be the amount deducated for migration services. This is charged if the migration request was placed and the request completed at the time of cancellation order placement. For any other paid addon taken, the refund would not be processed for any such addon services.


Affiliate Terms [v1 Oct. 1, 2019]

We provide a flat 5% recurring referral commission to you on all our hosting and development packages. We allow the amount to be used as credit towards our service purchase and/or renewal or you can just withdraw that amount digitally for your own use once the 45-days holding period is over.