TERMS OF SERVICE

Last Updated: August 06, 2026


 

Agreement Overview

This Terms of Service agreement (“Agreement”) is a legally binding contract between you or the entity you represent (“Client”, “You”, or “Your”) and Marpa Infotech Pvt. Ltd. (“Marpa Infotech”, “MarpaMail”, “We”, “Us”, or “Our”), governing your access to and use of our flagship business email solution, MarpaMail, including associated mail servers, webmail interfaces, client portals, and email relay infrastructure (“Services”).

By registering an account, subscribing to MarpaMail, or using our Services, you agree to be unconditionally bound by this Agreement, our Privacy Policy, and our Anti-Spam Policy.


 

1. Account Registration & Verification

Legal Capacity

You must be of legal age to form a binding contract under the laws of Nepal or your jurisdiction of residence.

Accuracy of Information

You agree to provide current, complete, and verifiable identification details upon registration. This includes your official name, corporate name, physical business or residential address, district/state, phone number, PAN/VAT/business registration documents (for corporate accounts), and primary billing email address.

Prohibited Address Formats

P.O. Boxes, temporary virtual phone numbers, mail forwarding addresses, and anonymized proxies are strictly prohibited for registration and identity verification.

Account Boundaries

Individual clients may not open multiple personal accounts. Corporate entities requiring multiple administrative mail accounts must request clearance via an authenticated support ticket.

Account Security

You maintain sole responsibility for maintaining the confidentiality of your account credentials, enforcing strong passwords, enabling multi-factor authentication, and restricting unauthorized access.

You are fully responsible for all activities, email transmissions, and liabilities originating from your account.


 

2. Service Provisioning & Modification

Shared & Cloud Mail Plans

Cloud and shared email server plans are provisioned within 24 hours following verification of account details and payment processing.

Dedicated Mail Server Instances

Dedicated or custom email server instances are provisioned within 4 to 7 business days once prerequisite configurations and domain verifications are completed.

Provisioning SLA Guarantee

If MarpaMail fails to provision a service within 3 days (for Cloud plans) or 14 business days (for Dedicated plans) due to internal system failure, a full refund will be issued upon request.

On-Hold Orders

Orders flagged for identity verification or payment mismatches will be placed on hold.

Orders remaining on hold without client response for 23 hours will be canceled and refunded. Unpaid pending orders automatically expire after 23 hours.

Upgrades & Modifications

Email services can be upgraded at any time while retaining existing mailbox data, provided all outstanding invoices are settled.

Service downgrades are not supported on active instances. Clients seeking reduced server specifications must cancel their current instance and order a new configuration (mailbox data will not migrate automatically).


 

3. Anti-Spam Policy & Acceptable Use

MarpaMail operates a strictly enforced Zero-Spam Policy to protect server IP reputations and ensure mail deliverability.

Express Opt-In Standard

You shall not use MarpaMail to send unsolicited bulk email (UBE) or commercial email (UCE). You must possess express, provable permission from every recipient before sending commercial or marketing communications.

Prohibited List Usage

Importing, renting, purchasing, borrowing, or scraping email lists from third parties—regardless of third-party opt-in claims—is strictly forbidden.

Mailing Standards

Every commercial email transmitted through MarpaMail must include:

  • True and accurate routing and header information (“From”, “To”, domain name, and originating address).
  • Non-misleading subject lines that accurately reflect message content.
  • A valid physical postal address of the sender.
  • A functional one-click unsubscribe link. Opt-out requests must be honored within 10 calendar days.

Shared Relay Restrictions

Shared or ‘Premium Relay’ routes must never be used for bulk marketing, cold outreach, newsletters, or mass commercial broadcasts.

Unlawful Activities

You agree not to use MarpaMail for illegal purposes or to transmit material that is unlawful, defamatory, abusive, threatening, obscene, offends religious sentiments, contains malware/viruses, or engages in phishing schemes.

Penalty for Breach

Sending spam or violating these delivery standards will result in immediate service suspension or termination without advance notice and without refund eligibility.

MarpaMail reserves the right to demand written proof of permission for any mailing list imported into our infrastructure.


 

4. Billing, Suspension, & Cancellation

Invoicing Schedule

Invoices for recurring email subscriptions are generated 7 days prior to the due date.

Suspension & Termination Timelines

  • 3 Days Overdue: Unpaid services are automatically suspended (brought offline with IMAP, POP3, SMTP, and Webmail access disabled).
  • 14 Days Overdue: Unpaid services are permanently terminated, permanently destroying all mailboxes, stored email files, address books, and server configurations.

Payment Standards & Surcharges

Credit/debit card payments must support 3D Secure (3DS) and match the client name and address on file. Third-party card payments are prohibited.

Card transactions incur processor handling fees:

  • 4.5% for Visa
  • 4.5% for MasterCard

Chargebacks & Disputes

Initiating an unauthorized chargeback or payment dispute results in immediate service suspension. MarpaMail reserves the right to terminate all linked accounts without compensation in the event of an unjustified dispute.

Subscription Cancellation

Cancellation requests submitted via the client portal are processed automatically within 24 hours. Upon cancellation execution, all hosted emails, attachments, and backups are queued for immediate, unrecoverable destruction.


 

5. Data Processing Agreement (DPA) & Privacy Controls

Roles

The Client acts as the Data Controller; Marpa Infotech acts as the Data Processor. All Hosted Communications Data (email body text, headers, attachments, address books, server logs) remains the exclusive property of the Client.

Zero Monetization Guarantee

MarpaMail operates as a zero-monetization email service provider. We never scan email body content for advertising, rent customer databases, or sell personal data to third parties.

Data Access & Erasure (GDPR Alignment)

Active clients can export email data directly via IMAP protocols (using tools like OfflineIMAP) or administrative panel export functions. Account termination triggers immediate deletion of production mailboxes, with encrypted system backup vaults completely overwritten within 30 calendar days.

72-Hour Breach SLA

In the event of a confirmed security incident affecting personal data or hosted email databases under our direct control, Marpa Infotech will notify affected clients within 72 hours of confirmation, outlining an incident summary and remediation plan.


 

6. Legal Disclosures & Law Enforcement Protocol

Privacy Protection

Marpa Infotech does not voluntarily share client data or email communications with third parties, private entities, or foreign government agencies.

Official Legal Demands in Nepal

If served with a valid court order, warrant, or subpoena issued under the Electronic Transactions Act, 2063 (2006) or applicable laws of Nepal:

  1. We thoroughly verify the legal validity and jurisdictional authority of the order.
  2. We notify the Client (Data Controller) prior to disclosure, unless explicitly prohibited by a court order.
  3. We limit disclosures strictly to the specific data elements legally mandated.

 

7. Limitation of Liability & Warranties

As-Is Provision


ALL MARPAMAIL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Marpa Infotech disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Force Majeure & Backup Responsibility

While Marpa Infotech employs enterprise physical, electronic, and encrypted safeguards, we do not guarantee against data loss or server interruptions caused by force majeure events (“Acts of God”).

Clients remain responsible for maintaining off-site backups of critical communications.

Financial Cap on Liability


TO THE MAXIMUM EXTENT PERMITTED BY PREVAILING LAW IN NEPAL, MARPA INFOTECH’S ENTIRE AGGREGATE FINANCIAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO MARPAMAIL SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO MARPA INFOTECH FOR THAT SPECIFIC EMAIL SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.


 

8. Indemnification

You agree to defend, indemnify, and hold harmless Marpa Infotech Pvt. Ltd., its directors, officers, system administrators, employees, and infrastructure partners from and against any third-party claims, losses, liabilities, fines, and legal costs arising out of:

  • Your breach of any provision of this Agreement or the Anti-Spam Policy.
  • Content transmitted, hosted, or received through your MarpaMail accounts.
  • Your violation of any third-party privacy right or applicable law.

 

9. Dispute Resolution & Governing Law

Jurisdiction & Governing Law

This Agreement is governed exclusively by the laws of Nepal, including:

  • The Individual Privacy Act, 2075 (2018)
  • The Electronic Transactions Act, 2063 (2006)

All legal proceedings fall under the exclusive jurisdiction of the courts in Kathmandu, Nepal.

Limitation Window for Claims

Any claim, dispute, or notice arising out of or related to MarpaMail services must be filed in writing with Marpa Infotech within 30 days of the initial occurrence.

After 30 days, the matter shall be permanently deemed resolved and closed without option for reopening.

Severability

If any section of this Agreement is held invalid or unenforceable, the remaining provisions continue in full legal force.


 

10. Contact Information

  • Entity:
    Marpa Infotech Pvt. Ltd. (Product: MarpaMail)
  • Location:
    Kathmandu, Nepal
  • General & Billing Support:
    support@marpamail.com