Terms & Conditions

This page explains to you the terms and conditions on which we provide our services described on our website www.theapurgroup.com. We request you to read these terms and conditions carefully before ordering any of our products or services. You may also print a copy for your records, if required.

You will be bound by these Terms and Conditions while ordering any of our Services. If you disagree to accept these Terms and Conditions, it will result in no Services from our website. Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) and any such US/global regulations forms part of these Terms and Conditions.

Our Services

Our primary services are:

      • Website hosting (“Hosting Service”)
      • Domain Name Registration and Renewal Service (“Domain Registration and Renewal Service”)

About Us

The www.theapurgroup.com is a site operated by “Apur Group LLC” (“we”, “us” and “our”). We are registered and incorporated in Virginia State, USA.

Your position

By entering into an agreement and placing your purchase order through our website, you warrant that:

      • You are an adult with at least 18 years of age.
      • You are legally capable of entering into binding contracts
      • If you are acting on behalf of a company/organization or other business, you further warrant that you personally have the authority to bind that company/organization or business on whose behalf you are placing the order.

Governance

Both parties acknowledge and agree the following:

      • The Agreement shall be governed by the laws of the State of Virginia, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of State of Virginia. American English is the preferred language for the contract between us.
      • This Agreement may be amended only by a formal written agreement signed by both parties. Any business forms or documents, including the terms on customer’s purchase order or other business forms are not binding on “Apur Group LLC” unless they are expressly incorporated into a formal written agreement signed by both parties.
      • Both parties acknowledge that they have no power or authority to bind the other party on any agreement and that it will not represent to any person that it has such power or authority.
      • The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer / employee. Neither party will represent itself to be agent of the other party.
      • Each party retains exclusive ownership and rights of their own trademarks, trade secrets, service marks, copyrights, inventions, and other intellectual properties.
      • Without prior written consent, neither party is allowed to use the other party’s name or trademark.
      • A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement.
      • A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.
      • The captions in the Agreement are not part of the Agreement but are for the convenience of the parties.
      • The following provisions will survive expiration or termination of the Agreement:
          1. Fees,
          2. Indemnity obligations
            Provisions limiting liability and disclaiming warranties,
          3. Provisions regarding ownership of intellectual property,
          4. Miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement.
      • There are no third-party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement.
      • Customer may not transfer the Agreement without “Apur Group LLC’s” prior written consent. “Apur Group LLC” reserve the right to accept or deny such transfer. “Apur Group LLC’s” approval for assignment is contingent on the assignee meeting “Apur Group LLC’s” Terms and Conditions including the credit approval criteria. “Apur Group LLC” may assign the Agreement in whole or in part depending on meeting the Terms and Conditions.
      • This Agreement together with the Purchase Order and Acceptable Usage Policy (AUP) which is given below in this document, constitutes the complete and exclusive agreement between the parties. This supersedes and replace any prior understanding or communication, written or oral.

Communications

Our primary method of communication with you is by your registered email. By placing an order for the Services, you consent to receive our regular newsletter by email. This will help us to inform you of any changes to our services, planned service maintenance, billing, account access information and any other updates that you should be aware of.

The Process

The following process is followed while placing the order

      1. An order for our services is placed only after you successfully register with us and create an account. You must provide us with the accurate and complete information when an account is created.
      2. You are responsible to keep your username and password always protected and private. You must not allow anyone else to use that username or password.
      3. If we reasonably believe that the information provided by you is incorrect, inaccurate, or misleading, we reserve the right to block the access to the account.
      4. In case you suspect or believe that your username and password has been compromised or has become known to someone else, you must contact us immediately.
      5. You will be shown a summary of the services provided by us on the screen, including details of all services offered by us and you wish to order with the price payable. You will also be provided with the options to correct or amend the errors before completing the order placement.
      6. You are required to register a credit or debit card before submitting your order. We have an option of accepting paperless direct debit. However, for your first order you need to use credit or debit card only.
      7. You will be provided with an order confirmation upon successful completion of the above process. The confirmation will be sent to your registered email address including services you have ordered. Your invoice copies will be stored on your account.
      8. Upon receipt of your order, we will send you an email accepting your order. In case the Hosting Service is purchased from us, we will confirm to you once it is activated.
      9. Order placed by you constitutes your offer to us to buy our services. All orders are subject to our acceptance. Order may be declined by us for the services provided. You will be notified the reason for the decline.
      10. Only after we send you the confirmation of order acceptance, a contract between us (“The Contract”) will be formed. This contract will be relevant to only those services which are provided by us. Unless we confirm any other services, which may have been part of our order, we will not be obligated to provide those services.

Payment

      1. The prices of all the services provided by us are as quoted on our website, excluding government and local taxes. All prices are in US Dollar and payment is accepted only in US Dollar.
      2. The billing cycle starts from the date you establish your account.
      3. You are responsible for the payment of all the services, fees etc. as calculated during placement of your order, until you notify us and request for termination of the contact/services.
      4. The total price of the services purchased by you will be clearly calculated before you submit your order.
      5. All our prices are subject to change. Such changes in pricing will be notified to you at least 14 days prior to such price change comes into effect. If you do not cancel the services, we will consider that such price change is acceptable to you, and you will be charged accordingly.
      6. Despite our best efforts and due to many numbers of services offered by us, it is possible that some services are incorrectly priced. Under such circumstances, we handle the situation as below:
          • If the correct price of the services offered is less than our stated price on our website, we will charge the lower amount while accepting the order.
          • If the correct price of the services offered is higher than our stated price on our website, we will contact you before accepting your order and proceed as per your instructions.
          • We are not obliged to provide you the services which are incorrectly lower price, even after the Order Acceptance Confirmation has been sent to you and error is found after order confirmation.
      7. We expect your payment on the timely manner. If not received on time, we reserve the right to recover the outstanding amount by other means such as referring the debt to the outside debt recovery agencies. In such cases you will be liable for the additional expenses, fees, and charges incurred to us and you agree to pay such amount in addition to the actual outstanding amount that you owed to us.
      8. Until we receive the cleared funds, payment is not considered to be received by us. If the payment mode is not authorized by your bank or credit card company, you hereby authorize us to obtain payment from other credit card, debit card, any other method that is registered with us against your account.
      9. We reserve the right to suspend your account, if we fail to authorize the payment.
      10. Renewal notices are emailed to you 7 days before the actual renewal date. If your credit card is registered with us, the renewal will occur automatically for the period previously selected.
      11. All accounts are based on a pre-pay basis. If we do not receive your payment within 7 days, a $10 fee will be recovered from your account.
      12. There is no fee for the cancelled accounts which have been paid for yearly contract.
      13. Once cancelled, all data on the servers and back up will be deleted. Once done, this action cannot be recovered.

Refund Policy

      • All fees for hosting services are billed in advance and are non-refundable.
      • By purchasing our services, you acknowledge and agree that once a service is provisioned and/or activated, no refunds will be issued, including for partial use, unused time, or early termination.
      • Notwithstanding the foregoing, refunds may be provided where required by applicable law or at our sole discretion in exceptional circumstances.
      • Chargebacks or payment disputes filed without first contacting us to resolve the issue may result in immediate suspension or termination of services.
      • You are responsible for canceling your service prior to the next billing cycle to avoid further charges.

Hosting Service Limitations

      • By selecting a Plan or Hosting package from our offered Hosting Services, you are limited to the usage of bandwidth allocated to that plan or package per calendar month. Your order includes the bandwidth allocated to that plan/package as set forth on our website at the time of your order confirmation.
      • You are responsible for managing and monitoring your storage space and bandwidth transfer per month.
      • If you exceed the allowable monthly bandwidth, your services will automatically be suspended. In that case, you may upgrade your Hosting Service Package to the higher capacity monthly bandwidth or else you will have to wait till the start of next calendar month to resume the Hosting Services.
      • You will only be allowed to use maximum of 10% of our server’s processing capacity while using your ordered Hosting Services, except in cases where your order includes a Virtual Private Server.
      • Purely at our discretion, we may allow your usage to exceed the above CPU limitation, in which case we will contact you to discuss your hosting requirements since your usage will have adverse effect on other clients.
      • The Hosting Service package selected and ordered by you includes certain number of mailboxes offered in that specific package. This is as offered at the time of your placing the order. Any mailboxes not accessed for the period of 100 clear days, will be deleted by our system automatically.
      • You must comply with our “Acceptable Usage Policy” (AUP) and “Terms of Website Use” (TWU) while using our Services. Any conflicts arising between our Terms of Website Use and these “Terms and Conditions”, will be resolved in favour of these “Terms and Conditions”.
      • We reserve the right to terminate the Services to you if we observe any breach of either the “Terms of Website Use” or “Acceptable Usage Policy”.

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