Legal

Terms of Service

Last updated: 31 May 2026

These Terms of Service (“Terms”) form a binding agreement between you (“you”, “Customer”) and Tech Himalaya, operator of Himalaya Cloud (“Himalaya Cloud”, “we”, “us”, “our”), with registered operations in Bharatpur, Chitwan, Nepal. By creating an account, placing an order, or using any of our services, you agree to these Terms, our Privacy Policy and our Refund Policy, each incorporated by reference.

1. Definitions

“Services” means web hosting, Cloud VPS, managed n8n automation, domain registration and transfers, and any related products we provide. “Account” means your Himalaya Cloud client area. “Content” means any data, files, websites, code, or material you upload, store, or transmit using the Services.

2. Eligibility & your account

You must be at least 18 years old, or have the authority to bind the organisation you represent. You are responsible for the accuracy of the information on your account, for keeping your credentials confidential, and for all activity that occurs under your account. Notify us promptly of any unauthorised use.

3. The Services

Service specifications, resources, and prices are described at the point of order. We may improve, modify, or discontinue features, but we will give reasonable notice of material changes that adversely affect an active service. Some services depend on third-party providers (e.g. upstream data centres and the domain registry); their availability is outside our direct control.

4. Acceptable use

You agree not to use the Services to host, transmit, or link to:

  • content that is illegal under the laws of Nepal or that infringes intellectual-property or privacy rights;
  • spam or unsolicited bulk email, phishing, or fraudulent material;
  • malware, exploits, botnet controllers, or tools designed to gain unauthorised access to systems;
  • child sexual abuse material or content that incites violence or hatred;
  • activity that disrupts our network or other customers (port scanning, denial-of-service, resource abuse).

You are responsible for the lawfulness of your Content and for any third party you allow to use your service. We may remove infringing content or suspend a service to protect the platform, our network, or other customers — where practical, with notice.

5. Fair use of shared resources

“Unlimited” shared-hosting plans are governed by fair use: they are intended for normal website workloads, not for storing backups unrelated to the hosted site, running standalone background daemons, or sustained CPU/IO usage that degrades the shared node. If a site consistently exceeds fair-use limits we will contact you to optimise, upgrade, or move to a VPS.

6. Billing, renewals & late payment

Services are billed in advance for the cycle you select, in NPR or USD as chosen at checkout. Renewal invoices are generated before the due date. If an invoice is not paid by its due date the service may be suspended after 7 days and terminated after 21 days, per our dunning schedule. Reactivation after suspension may incur a fee. Prices may change at renewal; we will give notice of increases for active services.

7. Domains

Domain registrations, renewals, and transfers are subject to the rules of the relevant registry and ICANN where applicable, and to our registrar partner’s terms. Registrant contact details are shared with the registry/registrar as required. Domains must be renewed before expiry to avoid loss; we send renewal reminders but final responsibility for renewal rests with you. Transfers require a valid EPP/auth code and an unlocked domain.

8. Managed n8n

Managed n8n instances are provided as single-tenant deployments for your own use. You are responsible for the workflows, credentials, and data you run, and for complying with the terms of any third-party services your workflows connect to. We manage the underlying infrastructure, updates, and backups of the instance.

9. Backups & your data

We may keep operational backups for disaster recovery, but you remain responsible for maintaining your own independent backups of your Content. We are not liable for loss of data except as required by law. On termination, your Content may be deleted after a short grace period.

10. Service availability

We target high availability and monitor our platform continuously, but we do not warrant uninterrupted or error-free service. Planned maintenance will be announced in advance where possible. Emergency maintenance may occur without notice to protect security or stability.

11. Suspension & termination

We may suspend or terminate a service for non-payment, breach of these Terms, or activity that threatens our platform or others. You may cancel a service at any time from your client area; cancellation stops future renewals and any refund is governed by the Refund Policy.

12. Intellectual property

You retain all rights to your Content. The Himalaya Cloud name, branding, and platform are our property. You grant us the limited right to host and process your Content solely to provide the Services.

13. Disclaimers

Except as expressly stated, the Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement, to the extent permitted by law.

14. Limitation of liability

To the maximum extent permitted by applicable law, we are not liable for indirect, incidental, or consequential damages, or for lost profits, revenue, or data. Our total aggregate liability for any claim is limited to the fees you paid for the affected service in the three months preceding the event giving rise to the claim.

15. Indemnification

You agree to indemnify and hold us harmless from claims, losses, and expenses arising from your Content, your use of the Services, or your breach of these Terms.

16. Governing law

These Terms are governed by the laws of Nepal, and the courts of Chitwan, Nepal have exclusive jurisdiction over any dispute, without prejudice to any mandatory consumer-protection rights you may have.

17. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email or on this page, and continued use of the Services after the effective date constitutes acceptance.

18. Contact

Questions about these Terms? Email support@himalaya.cloud or open a ticket from your client area.