Cloud Terms of Service
These Cloud Terms of Service are made between SATHYA (as defined in Section 2 (Defined Terms)) and the customer who orders SATHYA services (“you” or “Customer”).
1. THE AGREEMENT
Your use of the Services is governed by these Cloud Terms of Service which includes the Acceptable Use Policy (AUP) and the terms of your Order. Your Order may have additional Product Terms and Conditions that apply to the particular services in your Order. When we use the term “Agreement” in any of the Order, Cloud Terms of Service, Acceptable Use Policy, and Product Terms and Conditions we are referring collectively to all of them. Your use of the Services includes the ability to enter into agreements and make purchases electronically. You acknowledge that your electronic assent constitutes your acceptance to the Agreement for each electronic purchase or transaction you enter. SATHYA may accept or reject any Order you submit in its sole discretion. SATHYA’s provisioning of the Services described in an Order shall be SATHYA’s acceptance of the Order.
If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement. Other than with respect to free, introductory, student, developer or pro bono accounts approved by SATHYA (the “Exceptions”), you acknowledge and agree you will use the Services for commercial purposes only.
2. DEFINED TERMS
Some words used in the Agreement have particular meanings:
“API” means application programming interface.
“Business Day” means Monday to Friday, excluding public holidays announced by the Government of India.
“Business Hour” means 10:00AM – 6:00PM on a Business Day.
“Confidential Information” means all information disclosed by one of us to the other, whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including: (i) unpublished prices and other terms of service, audit and security reports, product development plans, non-public information of the parties relating to their business activities or financial affairs, data center designs (including non-graphic information you may observe on a tour of a data center), server configuration designs, and other proprietary information or technology, and (ii) information that is marked or otherwise conspicuously designated as confidential. Information that is developed by one of us on our own, without reference to the other’s Confidential Information, or that becomes available to one of us other than through breach of the Agreement or applicable law, shall not be “Confidential Information” of the other party.
“Customer Data” means all data (including software, text, sound files and Personal Data) and other content that are stored by you or your end-user(s) on the Hosted System or otherwise processed by you or your end-user(s) through your use of the Services.
“Data Processing Addendum” means the terms and conditions that are incorporated by reference in these Cloud Terms of Service.
“Hosted System” means a combination of hardware, software and networking elements that comprise an information technology system.
“Order” means (i) the online order that you submit or accept for the Services, (ii) any other written order (either in electronic or paper form) provided to you by SATHYA for signature that describes the type or types of services you are purchasing, and that is signed by you, either manually or electronically, and (iii) your use or provisioning of the Services through the SATHYA cloud control panel or through an API.
“Personal Data” means any information that is referred to as personal identifiable information, personal data or personal information (or other like term) under applicable data protection or privacy law. It includes information that by itself or combined with other information can be used to identify a person.
“Product Terms and Conditions” means the terms and conditions that are incorporated by reference in your Agreement and that state additional terms and conditions for the particular Services you are buying.
“SATHYA” or “we” unless otherwise expressly agreed in writing in your Order, means SATHYA Technosoft (I) Pvt. Ltd.
“Service Level Agreement” means (i) a service level guarantee or guarantees identified as a “Service Level Guarantee” in the Agreement and/or (ii) any provision which provides a specified credit remedy for an identified failure to deliver or provide the Services.
“Services” means the SATHYA cloud software and services described in the Order, and include any services which you self-provision through the SATHYA cloud control panel or which you utilize via an API.
“Support” means (i) SATHYA employees with training and experience relative to the Services will be available ‘live’ by telephone during business hours and (ii) any additional level of assistance offered by SATHYA for the specific Services you are purchasing, and described in the applicable Product Terms and Conditions or Order.
3. SATHYA'S OBLIGATIONS
SATHYA shall provide to you the Services and Support subject to the terms and conditions of Agreement. SATHYA's obligation to begin providing the Services and Support is contingent on your satisfaction of SATHYA's credit approval criteria. SATHYA will comply with all laws applicable to its provision of the Services.
4. CUSTOMER’S OBLIGATIONS
You agree to do each of the following: (i) comply with applicable law and the terms and conditions of the Agreement, (ii) pay the fees for the Services when due, (iii) ensure that your customer account information as it appears in the online control panel is true, accurate, current and complete; and (iv) cooperate with SATHYA's reasonable investigation of service outages and any suspected breach of the Agreement.
4.2 Customer Data Security
4.2.1 We do not have knowledge of the Customer Data you, or your end-user, store on the Hosted System, including the content, quantity, value or use of the data. Customer Data is and at all times shall remain your exclusive property and shall remain in your exclusive care, custody and control. You are solely responsible for:
4.2.2 Determining the suitability of the Services in light of the type of Customer Data stored by you or your end-user(s) on the Hosted System or otherwise processed by you or your end-user(s) through your use of the Services;
4.2.3 Use of the Hosted System and the Services by any of your employees, Affiliates, or other user(s) which you authorize or who gains access to the Hosted System or Services as the result of your failure to utilize reasonable security precautions in light of your use of the Services; and
4.2.4 Taking all reasonable steps to mitigate the risks inherent in transmitting Customer Data to and from and while stored on the Hosted System using the Services, including any Customer Data loss or corruption.
Reasonable steps under Sub-Section 4.2.4 shall include:
- Maintaining a backup of Customer Data.
- Designating authorized users under your account and limiting access of login credentials associated with your account.
- You agree to immediately notify SATHYA of any unauthorized use of your Services or account or of any other breach of security. You also agree to cooperate with SATHYA's reasonable investigation of security-related breaches.
4.3 Customer Data Backup
Although the Service may be used as a backup service, you agree that you will maintain at least one (1) additional current copy of your Customer Data and programs stored on the Hosted System somewhere other than on the Hosted System. If you utilize SATHYA cloud backup services, you are responsible for performing and testing restores as well as testing your systems and monitoring the integrity of your Customer Data. You have the option to create a snapshot or backup of your cloud servers or databases, respectively, however it is your responsibility to initiate the snapshot backup and test your backup to determine the quality and success of your backups.