1. Introduction
This Reseller Agreement ("Agreement") is entered into between ServerSage CloudTech Pvt. Ltd. ("ServerSage", "Company", "we", "our", or "us") and the approved Reseller ("Reseller", "Partner", "you", or "your").
This Agreement governs the promotion, marketing, sale, provisioning, management, billing, support, renewal, and operation of ServerSage products and services by authorized Resellers.
By applying for, registering, or purchasing services under a reseller account, the Reseller agrees to be legally bound by this Agreement, together with the ServerSage Terms of Service, Privacy Policy, Acceptable Use Policy, KYC Policy, SLA, Refund Policy, and other applicable policies.
2. Company Details
Company Name
ServerSage CloudTech Pvt. Ltd.
Registered Office
- HD-102, 13th Floor
- WeWerk 247 Park
- Lal Bahadur Shastri Road
- Gandhi Nagar
- Vikhroli West
- Mumbai – 400079
- Maharashtra
- India
CIN
U62011MH2023PTC414675
GSTIN
- 27ABMCS2111C1ZQ
- Website
- https://www.serversage.com
- Support
- support@serversage.com
- Legal
- legal@serversage.com
3. Appointment
ServerSage appoints the Reseller as a non-exclusive independent reseller of selected ServerSage products and services.
Nothing contained in this Agreement shall be construed as creating:
- Partnership
- Joint Venture
- Employment
- Agency
- Franchise
- Subsidiary
- Exclusive Territory
between ServerSage and the Reseller.
ServerSage reserves the unrestricted right to appoint multiple resellers within any territory or market segment.
4. Services Covered
The Reseller may market and resell:
- VPS Hosting
- Windows VPS
- Linux VPS
- Dedicated Servers
- GPU Servers
- Private Cloud
- Public Cloud
- Hybrid Cloud
- Backup as a Service (BaaS)
- Disaster Recovery Services
- Business Email Hosting
- Microsoft 365
- Google Workspace
- Tally on Cloud
- SSL Certificates
- Domain Registration
- Managed Services
- Infrastructure Monitoring
- Colocation
- Professional Services
- Migration Services
ServerSage may introduce, modify, discontinue, or replace services at its sole discretion.
5. Eligibility
To become an approved Reseller, applicants may be required to provide:
- Business Name
- Registered Address
- GST Registration
- PAN
- Certificate of Incorporation
- Partnership Deed / LLP Registration (where applicable)
- Business Website
- Business Email
- Mobile Number
- Authorized Representative Details
- Bank Account Information
- Identity Verification
- Other information reasonably required by ServerSage
Approval remains entirely at the discretion of ServerSage.
6. Customer KYC & Reseller Verification
ServerSage may require Know Your Customer (KYC) or electronic Know Your Customer (eKYC) verification before approving, activating, or continuing a reseller account.
Verification may include:
- PAN
- Aadhaar verification through legally authorised mechanisms
- GSTIN
- Certificate of Incorporation
- Partnership Documents
- LLP Registration
- Trust Registration
- Address Proof
- Bank Verification
- Authorized Signatory Verification
The Reseller shall promptly notify ServerSage of any material changes in ownership, control, authorized representatives, or legal status.
Failure to complete KYC verification may result in rejection, suspension, or termination of the reseller account.
7. Confidential Pricing
Wholesale pricing, discounts, promotional pricing, partner benefits, rebates, commercial incentives, and all commercial information supplied by ServerSage shall be treated as Confidential Information.
The Reseller shall not disclose such information to any third party without prior written consent.
ServerSage reserves the right to revise reseller pricing upon reasonable notice.
8. Customer Ownership & Commercial Relationship
The Reseller acknowledges that it purchases infrastructure services from ServerSage for the purpose of reselling such services to its own customers under the Reseller's own commercial arrangements.
Unless otherwise agreed in writing:
- The Reseller shall be solely responsible for identifying, acquiring, onboarding, contracting with, billing, invoicing, collecting payments from, and supporting its customers.
- The Reseller may determine its own pricing, margins, discounts, payment terms, and commercial arrangements with its customers.
- ServerSage shall not interfere with the Reseller's commercial relationship with its customers except where required by applicable law, security requirements, abuse handling, or service continuity.
- Nothing contained in this Agreement shall create any contractual relationship between ServerSage and the Reseller's customers.
- The Reseller shall not represent itself as an employee, legal representative, franchisee, subsidiary, partner, or agent of ServerSage.
- Any dispute relating to pricing, invoices, contractual obligations, warranties, service promises, refunds, payment collection, or commercial arrangements between the Reseller and its customers shall remain solely the responsibility of the Reseller.
9. Billing & Commercial Responsibility
The Reseller shall independently invoice and collect payments from its customers.
The Reseller shall be solely responsible for:
- Customer quotations
- Pricing decisions
- Commercial negotiations
- Tax collection
- GST compliance applicable to its own business
- Invoice generation
- Credit control
- Payment follow-up
- Customer renewals
- Customer refunds
- Commercial disputes
The Reseller's payment obligations towards ServerSage shall remain independent of whether the Reseller has received payment from its own customers.
Failure of a customer to pay the Reseller shall not relieve the Reseller of its payment obligations to ServerSage.
10. Customer Support Responsibilities
Unless otherwise agreed in writing:
The Reseller shall provide Level-1 and Level-2 customer support including but not limited to:
- Customer onboarding
- Account administration
- User management
- Password resets
- Application installation
- Operating system administration
- Software troubleshooting
- Customer communication
- Billing support
- License management
- Backup verification
- Data restoration requests
- Routine maintenance
- Customer complaint resolution
- First response for incidents
ServerSage shall provide infrastructure-level support limited to:
- Physical Servers
- Hypervisors
- Storage Infrastructure
- Core Networking
- Host Operating Systems
- Hardware Replacement
- Platform Availability
- Infrastructure Monitoring
- Core Platform Security
ServerSage shall not be obligated to provide direct technical support to the Reseller's customers unless:
- expressly authorized in writing by the Reseller;
- required to resolve a critical infrastructure incident;
- required by applicable law; or
- necessary to protect ServerSage infrastructure or other customers.
11. Customer Data Ownership
The Reseller acknowledges that all customer data hosted using ServerSage services belongs to the respective customer or the Reseller, as applicable.
ServerSage does not claim ownership of customer data.
The Reseller shall be solely responsible for:
- collecting customer information;
- maintaining customer records;
- obtaining customer consent;
- complying with applicable privacy laws;
- ensuring lawful processing of customer information;
- maintaining confidentiality;
- managing access permissions;
- responding to customer requests relating to their data.
ServerSage acts solely as an infrastructure service provider and shall process customer data only as necessary to deliver contracted services.
12. Customer Data Backup Responsibility
The Reseller expressly acknowledges that protecting customer data is one of its primary responsibilities.
Unless Backup as a Service (BaaS) or a Managed Backup Service has been separately purchased from ServerSage under a written agreement, the Reseller shall be solely responsible for:
- creating backups;
- scheduling backups;
- monitoring backup success or failure;
- maintaining backup retention;
- storing backup copies;
- maintaining off-site backups where appropriate;
- periodically testing restoration procedures;
- validating backup integrity;
- implementing disaster recovery procedures;
- defining Recovery Point Objectives (RPO);
- defining Recovery Time Objectives (RTO);
- ensuring customer contractual backup obligations are fulfilled.
The Reseller acknowledges that hosting infrastructure, virtual machines, storage volumes, snapshots, RAID configurations, replication, or high availability do not by themselves constitute a backup solution.
Failure by the Reseller to maintain adequate backups shall not create any liability for ServerSage.
Where Backup as a Service (BaaS) is purchased from ServerSage, the Reseller remains responsible for verifying that backup schedules, retention periods, and recovery objectives meet the needs of its customers.
13. Data Loss & Restoration
The Reseller understands that data loss may occur due to circumstances including but not limited to:
- accidental deletion;
- customer actions;
- operating system corruption;
- ransomware;
- malware;
- software defects;
- database corruption;
- application failures;
- unauthorized access;
- hardware failures beyond backup scope;
- force majeure events.
The Reseller shall remain solely responsible for ensuring recoverability of customer data.
Where restoration services are requested:
- the Reseller shall coordinate all restoration activities;
- ServerSage shall only perform restoration from available backups where such services are included in the purchased service plan.
ServerSage makes no warranty that deleted or corrupted data can always be recovered.
14. Compliance by Reseller Customers
The Reseller shall ensure that every customer using ServerSage infrastructure complies with:
- Terms of Service
- Acceptable Use Policy
- Privacy Policy
- KYC Policy
- Service Level Agreement
- Refund Policy
- Applicable Laws
- Intellectual Property Laws
- Export Control Regulations
- Cybersecurity Regulations
The Reseller shall immediately cooperate with ServerSage in investigating abuse complaints or security incidents involving its customers.
Repeated violations by reseller-managed customers may result in suspension or termination of reseller services.
15. Limitation of ServerSage Responsibility
ServerSage shall not be responsible or liable for:
- customer contracts entered into by the Reseller;
- pricing determined by the Reseller;
- invoices issued by the Reseller;
- taxes payable by the Reseller;
- warranties provided by the Reseller;
- commitments made by the Reseller beyond ServerSage's published services;
- customer software;
- application failures;
- customer databases;
- customer email data;
- customer backup failures;
- customer disaster recovery planning;
- customer security policies;
- business interruption resulting from the Reseller's acts or omissions;
- financial losses suffered by the Reseller's customers arising from the Reseller's failure to maintain appropriate backups, security, or support.
ServerSage's responsibility is limited to providing the infrastructure and services expressly purchased by the Reseller under this Agreement.
16. Indemnification by Reseller
The Reseller agrees to defend, indemnify, and hold harmless ServerSage, its directors, officers, employees, affiliates, and service providers from and against any claims, actions, liabilities, damages, losses, penalties, costs, or expenses (including reasonable legal fees) arising out of or relating to:
- the Reseller's relationship with its customers;
- customer disputes;
- pricing disputes;
- billing disputes;
- data loss caused by the Reseller;
- inadequate backup practices;
- failure to comply with applicable laws;
- breach of this Agreement;
- misuse of ServerSage services by the Reseller or its customers;
- infringement of third-party rights by the Reseller or its customers.
17. Confidentiality
The Reseller acknowledges that, during the course of this Agreement, it may receive or have access to confidential and proprietary information belonging to ServerSage, including but not limited to:
- Wholesale pricing and discount structures
- Product roadmaps
- Technical documentation
- Infrastructure architecture
- Security procedures
- Customer onboarding processes
- Sales strategies
- Business plans
- Software, scripts, automation tools, and configurations
- Commercial agreements
- Non-public operational information
The Reseller agrees to:
- Maintain the confidentiality of all Confidential Information.
- Use such information solely for the purpose of performing its obligations under this Agreement.
- Not disclose Confidential Information to any third party without the prior written consent of ServerSage, except where required by applicable law.
- Take reasonable administrative, technical, and organizational measures to protect Confidential Information against unauthorized access, disclosure, alteration, or misuse.
These confidentiality obligations shall survive the termination or expiration of this Agreement for a period of five (5) years, or longer where required by law or where the information remains confidential by its nature.
18. Intellectual Property
All intellectual property rights relating to ServerSage, including but not limited to:
- Trade names
- Trademarks
- Logos
- Brand identity
- Website content
- Documentation
- Software
- APIs
- Automation scripts
- Product designs
- Marketing material
- Technical documentation
- Training material
shall remain the exclusive property of ServerSage or its licensors.
Nothing contained in this Agreement grants the Reseller any ownership rights over ServerSage's intellectual property.
The Reseller may use ServerSage's trademarks and branding solely for the purpose of marketing approved ServerSage services and strictly in accordance with ServerSage's branding guidelines.
The Reseller shall not:
- Register any domain names, business names, or trademarks that are identical or confusingly similar to "ServerSage";
- Modify or misuse ServerSage branding;
- Claim ownership of ServerSage intellectual property; or
- Reverse engineer, decompile, or attempt to reproduce proprietary software or systems owned by ServerSage, except where expressly permitted by applicable law.
19. Limitation of Liability
To the fullest extent permitted by applicable law:
- ServerSage shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of goodwill, loss of opportunity, or loss of data.
- ServerSage shall not be liable for losses arising from third-party software, internet outages, customer actions, cyber-attacks, force majeure events, or failures of external service providers.
- Except in cases of fraud, willful misconduct, or gross negligence, the aggregate liability of ServerSage arising out of or relating to this Agreement shall not exceed the total amount paid by the Reseller to ServerSage for the affected services during the three (3) months immediately preceding the event giving rise to the claim.
Nothing in this Agreement excludes liability where such exclusion is prohibited by applicable law.
20. Suspension of Services
ServerSage may immediately suspend all or part of the Reseller's services where reasonably necessary to:
- Protect the security or stability of the ServerSage infrastructure.
- Prevent harm to other customers.
- Respond to abuse complaints.
- Investigate suspected fraud.
- Comply with court orders or lawful government requests.
- Address payment defaults.
- Investigate cybersecurity incidents.
- Respond to violations of the Terms of Service, Acceptable Use Policy, or this Agreement.
Where reasonably practicable, ServerSage will notify the Reseller before or promptly after suspension.
Suspension shall not relieve the Reseller of its payment obligations.
21. Termination
Either party may terminate this Agreement by providing thirty (30) days' written notice unless otherwise agreed in writing.
ServerSage may terminate this Agreement immediately where:
- Fraud is identified.
- False information has been submitted.
- KYC verification fails.
- Repeated abuse complaints occur.
- Illegal activities are detected.
- Material breach of this Agreement remains uncured after reasonable notice where applicable.
- Continued provision of services would expose ServerSage to legal, regulatory, financial, or security risks.
Upon termination:
- All outstanding invoices become immediately payable.
- The Reseller shall cease using ServerSage trademarks and branding.
- ServerSage may disable reseller portal access.
- Customer data shall be handled in accordance with applicable agreements, the Privacy Policy, and legal obligations.
- Any prepaid fees remain subject to the Refund & Cancellation Policy.
Termination shall not affect accrued rights, obligations, or liabilities existing prior to termination.
22. Audit & Compliance
To ensure compliance with this Agreement and applicable laws, ServerSage may request reasonable information from the Reseller relating to:
- KYC compliance
- Customer verification procedures
- Security practices
- Abuse handling
- Regulatory compliance
- Reseller authorization records
The Reseller agrees to cooperate in good faith and provide reasonably requested information, subject to applicable confidentiality obligations.
23. Anti-Bribery & Ethical Conduct
The Reseller shall conduct business honestly, ethically, and in compliance with all applicable anti-bribery, anti-corruption, anti-money laundering, and competition laws.
The Reseller shall not:
- Offer or accept unlawful inducements.
- Make improper payments.
- Engage in corrupt practices.
- Misrepresent ServerSage products or services.
- Participate in fraudulent or deceptive business practices.
Any violation of this section may result in immediate termination of this Agreement.
24. Force Majeure
Neither ServerSage nor the Reseller shall be liable for delays or failures in performance caused by events beyond their reasonable control, including but not limited to:
- Natural disasters
- Fire
- Flood
- Earthquake
- War
- Terrorism
- Civil unrest
- Pandemic
- Epidemic
- Government restrictions
- Power failures
- Internet backbone failures
- Cyber-attacks
- Labour disputes
- Failures of third-party telecommunications providers
The affected party shall use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable.
25. Changes to this Agreement
ServerSage reserves the right to amend this Agreement from time to time to reflect changes in applicable laws, business practices, technology, products, or security requirements.
Updated versions will be published on the ServerSage website.
Unless otherwise specified, changes become effective upon publication or on the date stated in the updated Agreement.
Continued participation in the Reseller Program after the effective date constitutes acceptance of the revised Agreement.
26. Contact Information
Partner & Reseller Program
ServerSage CloudTech Pvt. Ltd.
- HD-102, 13th Floor
- WeWerk 247 Park
- Lal Bahadur Shastri Road
- Gandhi Nagar
- Vikhroli West
- Mumbai – 400079
- Maharashtra
- India
Partner Support: partners@serversage.com (recommended)
General Support: support@serversage.com
Legal: legal@serversage.com
Website: https://www.serversage.com
27. Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of India.
The parties shall first attempt to resolve any dispute through good-faith negotiations.
If a dispute cannot be resolved amicably within thirty (30) days, either party may pursue remedies available under applicable law.
Subject to applicable law, the courts located in Mumbai, Maharashtra, India, shall have exclusive jurisdiction over disputes arising out of or relating to this Agreement.