1 . Security
The Customers hosted at Netdatavault Datacenter (NGBPS LIMITED) are wholly responsible to protect their data on the Servers/VM’S. The Customers shall implement Password Protection for login and shall not share the same with any of Netdatavault (NGBPS LIMITED) Employees. In the event of remote support requirement where the customer is unable to access Server, customer could share the password to resolve the reachability issue post which it is wholly the customer’s responsibility to change password to secure the access of the server. Netdatavault (NGBPS LIMITED) shall not be responsible for Servers being compromised over the Internet.
2. Network Connectivity
Customers who has taken connectivity from any of the Service Providers either directly or through Netdatavault (NGBPS LIMITED) as a part of the service, will have to ensure that the same is being used only for the execution of the prescribed services from Netdatavault (NGBPS LIMITED) and in strict adherence with the prevailing rules and regulations of the concerned authorities/Government Agencies within India / AHJ.
3 . Services
Netdatavault (NGBPS LIMITED) will offer Enterprise Cloud Services to an individual or Entity (“Customer”) as agreed upon configuration.
4 . Pricing
Pricing shall be subject to Terms & Conditions in the offer from Netdatavault (NGBPS LIMITED). Netdatavault (NGBPS LIMITED) shall reserve the right to revise the prices with a 1 month notice to the customer. The Terms &Conditions mentioned here are valid for the period the customer is availing the Services.
5 . Payments, Refunds & Suspension
- Payments – The fees applicable for the Services are available on the Site and applicable published price list. Customer will pay and authorizes Netdatavault (NGBPS LIMITED) to charge using Customer’s selected payment method, for all applicable fees. Fees are non-refundable. Customer is responsible for providing accurate billing and contact information to Netdatavault (NGBPS LIMITED). Except as specifically set forth in this section, all Services are quarterly prepaid for the period selected and are non-refundable. This also includes accounts that are renewed.
- Refunds – Except as specifically set forth in this section, all Services rendered by Netdatavault (NGBPS MILITED) to its customers are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable.
- Suspension – Netdatavault (NGBPS LIMITED) may temporary suspend or permanently terminate the Services upon expiry for grace period in line with our billing policy.
6 . Taxes
We will be charging at actual at the rates prevailing at the time of raising of invoice.
7 . Responsibility
Netdatavault (NGBPS LIMITED) shall provide reliable & highly efficient infrastructure in relation to the Services rendered under this AGREEMENT with an uptime of 99.98%. This uptime is not applicable for POC versions. The customer shall ensure that infrastructure provided by Netdatavault (NGBPS LIMITED) is only used in relation to the Services provided by Netdatavault (NGBPS LIMITED) and in strict adherence with all applicable laws in India. Netdatavault (NGBPS LIMITED) will not be responsible in any manner for any default in compliance with the applicable laws in India / AHJ or any unauthorized or illegal activity by the customer in relation to Services. The customers will not use or publish any advertisement or promotional material without prior written approval when using Netdatavault (NGBPS LIMITED) name or any of its trademarks.
8 . Indemnity
The customer shall indemnify and keep indemnified Netdatavault (NGBPS LIMITED) officers, employees and its representatives from and against all claims, demands, actions, proceedings, losses, damages costs charges and expenses and all other liabilities of whatsoever nature made, brought against, suffered or incurred by the Netdatavault (NGBPS LIMITED), either prior or future, by virtue or as a result of the non-performance or non-observance or noncompliance of any of the terms and conditions of this AGREEMENT or any applicable laws in India or AHJ by the customer in relation to Services. Notwithstanding anything contained herein, Netdatavault (NGBPS LIMITED)’s liability for any such breach of obligations or any Terms & Conditions shall in no circumstances exceed the payment for the Services with respect to which the claim is made. If Netdatavault (NGBPS LIMITED) fails to maintain guaranteed uptime of the Services at any time of the whole month due to the act or omission of Netdatavault (NGBPS LIMITED), then customer shall be entitled to receive a service extension at the end of the Term as set as per Uptime SLA guidelines, only if customer log a service outage ticket and registers a claim.
9 . Renewal / Termination
The agreement shall automatically renew on each subsequent year for the same term as mentioned in OPF unless it is terminated earlier in accordance with the MSA. Netdatavault (NGBPS LIMITED) reserves the right to change this policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations