Terms of service

These terms are an agreement between you and Rogueberg, of Bhubaneswar, Odisha, Bharat ("we" or "us"). They cover this website and our website design, development, security, care plan and hosting services, including VPS, game server and dedicated server hosting.

You accept them when you place an order, accept a quote, pay an invoice or create an account. An agreement made this way is a valid electronic contract under India's Information Technology Act, 2000.

You must be at least 18. If you act for an organization, you confirm that you are allowed to bind it. If a quote we have agreed in writing says something different from these terms, the quote applies to that project.

Every project starts with a written scope and a fixed price. The quote is valid for 30 days. Work outside the agreed scope is quoted separately before we start it.

A fixed price means the price doesn't change unless the scope does, and the scope only changes when you agree to it.

• Clients in Bharat are invoiced in INR and pay by UPI or bank transfer.
• International clients are invoiced in USD or EUR and pay by international bank transfer.
• 50% is due to start the project and 50% before launch, unless the quote says otherwise.
• Care plans are billed monthly or yearly in advance.
• Hosting services are billed in INR, in advance, for the billing period you choose when you order.
• If any tax applies to your purchase by law, it is shown on your quote or invoice.

Clients get a client dashboard to see invoices and send messages. Keep your login private; you are responsible for what is done with your account. If you think someone else has got into it, tell us straight away.

Payments are made outside this website and checked by us. Pressing "I've paid" asks us to check; an invoice is paid once we confirm the money arrived.

Use them for your work with us. Don't send anything illegal, or anything you don't have the right to share. Files and voice messages share a limit of 500 MB per conversation.

You provide content, feedback and approvals on time, and confirm you have the rights to any text, images and logos you send us. If you're late with something we need, the project timeline moves by the same amount.

Once the final invoice is paid, you own the website's design, code written for you, and content. We may reuse general tools and techniques, and may show the project in our portfolio unless you ask us not to.

You keep ownership of everything you send us, and you allow us to use it only to do the work. Third-party and open-source components stay under their own licences, and we'll tell you about any that need your attention.

If either of us shares something private with the other, such as business plans, passwords or customer details, the other keeps it private and uses it only for the work. This doesn't cover information that is already public, or that the law requires someone to disclose.

Care plans are priced to the size of your site, starting from the price on our pricing page. If you start a care plan at a launch price, you keep that monthly price for as long as the plan continues without a break.

On a care plan we monitor, patch and back up your site as described in the plan. No system can be guaranteed to be completely secure, but we follow the practices on our security page and tell you promptly about any incident that affects you.

These terms apply to VPS hosting, game servers and dedicated servers.

• What you get. Each plan provides the processor, memory, storage and network listed on our hosting page when you order. VPS and game servers run in the country you choose: India, Singapore, Finland, Germany, France or Canada. The dedicated servers listed on our hosting page are in India. All run in data centres operated by our infrastructure providers.
• Setup. We set up each server by hand after your payment is confirmed, and send you the access details. We tell you the expected setup time when we confirm your order.
• Who manages what. We keep the hardware and network running. Unless you also buy server management from us, you are responsible for the software you install, its security updates, your data and your backups.
• Availability. We work to keep every server online, but we don't promise a specific uptime unless your order says so. We announce planned maintenance in advance where we can.
• Bandwidth. "Unlimited" bandwidth is subject to fair use and to the network speed listed for your plan.
• Game servers. You must follow the licence and server rules of each game you run, including its end-user licence agreement.
• Your details. Indian rules for server providers require us to verify and keep your name, address and contact details, the period of service, the IP addresses assigned to you and the purpose of the service. You must give us accurate details and tell us when they change.

You must not use our hosting or any service we run to:

• break the law in India or in the country where you operate;
• host or send malware, phishing pages or spam;
• attack, scan or disrupt other systems, including denial-of-service attacks;
• run open proxies, relays or other services used to hide abuse;
• mine cryptocurrency on VPS or game server plans;
• store or share content that infringes someone else's rights, or any content that is illegal, including child sexual abuse material;
• publish anything obscene, harassing, defamatory or hateful, anything harmful to children or invasive of someone's privacy, anything that impersonates another person or knowingly spreads false information, or anything that threatens the security of India.

We may suspend a service at once to stop serious abuse, to protect our network or other customers, or when the law or a government authority requires it. We tell you why, unless the law prevents us.

Reporting something hosted with us

If you find content on a service we host that is illegal or breaks your rights, write to hello@rogueberg.com with the address of the content and what's wrong with it. As India's Information Technology Rules, 2021 require, our grievance officer acknowledges these complaints within 24 hours and resolves them within 15 days. Reports of intimate images shared without consent are acted on within 24 hours. If you disagree with the outcome, you can appeal to the Grievance Appellate Committee.

If a hosting invoice is still unpaid 7 days after its due date, we may suspend the service. If it is still unpaid 14 days after suspension, we may end the service and delete its data.

• Either side can end a care plan with 30 days' written notice. We then hand over the code, content and server access.
• You can cancel a hosting service at the end of any billing period by writing to hello@rogueberg.com. After a hosting service ends, we keep its data for 7 days so you can take a copy, then delete it permanently.

Refunds when something ends are covered in our refund policy.

We do our work with reasonable skill and care, and as described in your quote. If something we built doesn't work as agreed, we fix it at no charge. Beyond that, and as far as the law allows, we don't make other promises about our services, such as that a website will reach a particular search ranking or sales figure.

Our total liability for any claim is limited to the amount you paid us in the 12 months before the claim. We are not liable for indirect losses such as lost profits, or for data lost from a server you manage yourself.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow us to limit. If you are a consumer, your legal rights stay in place.

If you are a business and someone makes a claim against us because of content you gave us, or because of how you used a service in breach of these terms, you will cover our reasonable costs of dealing with that claim.

Force majeure. Neither of us is responsible for a delay or failure caused by events beyond reasonable control, such as natural disasters, war, government action, power or internet failures, or the failure of a provider we depend on. We'll tell you as soon as we can, and work picks up again when the event ends.

• Changes. We may update these terms and will change the date at the top of this page. If you have an active care plan or hosting service, we'll email you before a significant change applies, and you can cancel as these terms allow. Quotes already agreed keep the terms they were agreed under.
• Who does the work. We may use team members and infrastructure providers, and we stay responsible for their work. You can't transfer this agreement to someone else without our written agreement.
• The whole agreement. These terms, your quote, our privacy policy and our refund policy are the whole agreement between us.
• If part doesn't apply. If a court finds part of these terms can't be enforced, the rest still applies. If we don't enforce something straight away, we can still enforce it later.
• Notices. We can send you notices by email or through your dashboard, and you can write to us by email.

A consumer is someone buying for personal use rather than for a business. If that's you, these rights apply whatever else these terms say.

These terms are agreed with Rogueberg. They are governed by the laws of India, and the courts in Bhubaneswar, Odisha have jurisdiction.

If you are a consumer living elsewhere, you keep the protection of the mandatory laws of your country, and you can bring a claim in your local courts where those laws allow it. If there's a problem, please write to us first: most things can be sorted out directly, and our grievance officer will respond within the times stated.

Questions about these terms: hello@rogueberg.com.

Our grievance officer can be reached at the same address.