This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of Cloudrino.net (hereinafter referred to as "Website") and its related sites, services and tools shall be governed by the following terms and conditions as contained in this Terms of Service (hereinafter referred to as the "Agreement") entered into by and between KOONK TECHNOLOGIES PRIVATE LIMITED ( "Cloudrino.net"/"Company"), a company owning and operating the Website, incorporated under the Companies Act, 1956 and having its registered office address at c/o P. Pinacha, 108,1st Floor, Shree Mansion, G-23, Kamla Nagar, behind Rajdhani Hospital, C-Scheme, Jaipur - 302001, Rajasthan, India, and you, and your assigns, employees, agents or contractors ("You", "Your", the "Client") and shall be effective as of the date you register and use the Services (as defined below) of the Website. This Agreement sets forth the terms and conditions of Your use of the Website and the cloud server services (collectively, the "Services") and represents the entire agreement between You and the Company relating to the Services.
The use of the Services is offered to you conditioned on your 'Acceptance' of all the terms, conditions and notices contained in this Agreement. Upon Acceptance, this Agreement shall be effective and binding upon you along with any amendments made by the Company at its sole discretion and posted on the Website and you shall not claim invalidity of this Agreement merely on the grounds that this Agreement is concluded electronically. For the aforesaid purposes, Acceptance shall mean any affirmative action on your part or any act which reflects your use of the Website or the Services provided by the Website or any such other actions that implies your acceptance. You hereby further agree that this Agreement is being concluded and executed at New Delhi.
You acknowledge and agree that you have read, understood, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that the Company may establish and post on its Website from time to time.
Cloudrino.net provides the following options for payment of Fees:
You agree to a monthly term for the Services unless otherwise agreed to in writing ("Term"). The Term for Services will be automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement shall not be renewed, no later than three (3) days before the next upcoming Invoice Due Date.
We shall follow the following process for termination once the request is received from your side: We will first contact you to confirm the termination and verify that you are authorized under your account to terminate it. Then, we will immediately suspend billing and disconnect Service to the server. We will not be able to schedule termination ahead of time of receiving the confirmation, and all termination requests are effective immediately. Regarding mid-month or mid-period terminations, Cloudrino.net will not issue pro-rated refunds for payments/Fees for the Services received in the middle of a payment cycle. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period/month.
Under this Agreement you must first contact Cloudrino.net to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
By using our Services you agree to all the referred policy and to contact us before contacting your financial institution to seek a resolution.
In the event you dispute any charges contrary to this Agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.
We may also from time to time, offer discounted pricing for initial introductory periods (e.g., discounted fees for the first month's Service.) A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month's service may be offered for a discount, with the standard pricing going into effect during the second month, with a monthly prepayment being required. Promotional offers are non-refundable.
We may also from time to time, offer promotional or special offers as sales incentives during the Term. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated. These offers will be applicable in a manner of one offer per client only and on one time use basis. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers (example: "Three Months Free Load Balancing Service") require you to contact us prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and you, by availing the offers, agree to pay, in full, the full monthly rate, unless you cancel offers in advance by informing us.
We shall not tolerate any abuse towards any of our employees, officers or representatives. You are expected to request and respond to support, billing and other issues in a professional manner, when emailing, calling or submitting online tickets to us. Any form of misconduct or further intentional disruptive behavior aimed at Cloudrino.net or its employees, officers or representatives shall be considered a violation of this Agreement.
We shall also not tolerate any form of threat, whether orally, verbally, in writing, via e-mail, via live Chat directed towards us or any of our employees, partners, staff, contractors, sub-contractors, facilities, offices, etc. shall be construed as a violation of this Agreement. Threats of physical violence will be directed to the proper authorities. No refunds shall be given for termination of the Services for violation of these provisions. You shall not reach to the promoters or relatives of any employee regarding your Services. We reserve the right to cancel, suspend or terminate any or all of the Services after receiving billing, sales or technical requests which Cloudrino.net, in its sole discretion, considers unreasonable or excessive. We may also limit, at any time or without prior notice to you, the availability and type of billing support provided. Any illegal, unreasonable and/or unauthorised use of the Website or any instances of abuse or threat will be investigated and appropriate legal action will be taken against you, including without limitation civil, criminal and injunctive redress.
You hereby grant to us a non-exclusive, royalty-free, worldwide right and license during the Term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by You; and (b) make archival or backup copies of content uploaded by you to the CloudBells.com servers. We shall have the right, but not the obligation, to make backup copies of the data uploaded by you to our servers. You will be responsible for any of your content available on our servers and for the backup thereof.
In all event of storage and security of any content, you bear full and absolute risk of loss of any content and software you place on our servers. You are completely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
We do not undertake any obligation to provide management or security services unless you specifically request it to do so. If any technology specifically associated with your account requires updating, you must make a request for such update through our ticketing system.
You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your content; (ii) maintain independent archival and backup copies of your content; and (iii) ensure the security, confidentiality and integrity of your content transmitted through or stored on our servers. We shall have no liability whatsoever towards you or any other person for loss, damage or destruction or any monetary loss of any of your content on account of:
This Service Level Agreement (hereinafter referred to as "SLA")is incorporated into the Terms of Service and shall be applicable to all Services delivered directly to you/the Client.
We shall put in our best efforts to provide you with a level of Service consistent with the principles explained below. To the extent that Cloudrino.net does not provide the Services at the levels guaranteed in this SLA, and you are in compliance with this Agreement and AUP, then we may credit your account, reflecting percentages of the monthly Fees you pay to us for the Services we render. No refunds would be issued and only store credit shall be provided to you in this regard.
The SLA has two tiers: Regular SLA and Enhanced SLA. Our obligation to provide you with a credit is determined by your tier assignment, which is determined by the tier you accept in the signup process, or the higher tier in which we may, in our discretion, place you based on other criteria.
The total amount credited to you in a particular month under this SLA shall not exceed the total amount of Fees paid by you for such month for the affected Services. Credits or refunds are exclusive of any applicable taxes charged to you or collected from you by us. This will be your sole and exclusive remedy with respect to any failure on our part in providing the Services. The provisions of the Agreement pertaining to Force Majeure are unaffected by the terms of this Service Level Agreement.
Your eligibility to receive credit is not cumulative, but is limited to one credit per incident. Merely by way of example, failure on our part to migrate your data to a new server within the corresponding Time Guarantee will not entitle you to a credit or refund for a delayed response in the same incident related to the same matter. We shall apply credits or refunds based on the predominant issue with the problem, as determined in our reasonable discretion, and shall issue the larger of two credits should two equally important issues occur in the same incident.
Measurements of time for purposes of calculating eligibility for credit under this Service Level Agreement shall be based on completed full minute (60 second) increments and not partial minutes. By way of example, any fulfillment by us of any of our obligations to complete a task within 10 minutes shall be considered fulfilled in a timely manner if completed within 10 minutes and 59 seconds of the event triggering the calculation of the interval.
You must accrue a minimum amount of Rs 5000 in credits before we add credits of any amounts due to your account. All credits will be tracked with your account, and once we will apply the credit with the above-stated minimum is met.
Furthermore, credits are calculated by taking the total monthly service Fee payment for the impacted services (the exact server(s), cloud instances or tickets that experienced the issue) and multiplying it by the credit percentage. To avoid any doubt, credits are never calculated for an entire account unless all services under that account were impacted.
"Unsolicited E-mail Complaint" is an occurrence of a third-party complaint regarding a specific e-mail communication message sent by you. "Unsolicited E-mail Incident" is an occurrence of a single e-mail message which may have been sent to multiple e-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened.
Black Listing: "IP Black Listing" is an occurrence when a third party black listing service determines that our issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same "IP range") being unable to send E-mail to certain third parties.
We had designed this portion of this Agreement to comply with the provisions of CAN-SPAM Act. which states that commercial e-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the CAN-SPAM Act.
Zero Tolerance for Black Listing: Cloudrino.net has a Zero Tolerance policy regarding Black Listings and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including "Spamvertising" other websites or services or products) to be violations of this Agreement. If an IP address assigned to you is found to be Black Listed, Cloudrino.net reserves the right to discontinue your services immediately with or without warning.
Furthermore we will levy a Black Listing processing fee of Rs 10,000 for the first instance of IP Black Listing and Rs 25,000 for the second instance of IP Black Listing (collectively, the "Penalties".) If your service is terminated under the Unsolicited E-mail Policy then we will forfeit all fees paid, including pre-paid fees and unused time. All fees paid shall become non-refundable. Further, account termination does not absolve or nullify penalty payments you may owe to us. Further, you may accumulate additional penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after terminatedtermination of the agreement.
Please note that if we are required to discontinue/suspend Services to you on account of any compliance relating to anti-spamming laws in any relevant jurisdiction, you will abide by the same and shall not have any claim against us regarding the same. You further agree that if we incur any loss, penalty or claims on account of any non-compliance by you of any anti-spamming and/or related laws of applicable jurisdiction, you shall indemnify and keep us harmless against the same.
You acknowledge and agree that Cloudrino.net exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs and points of presence or the Internet. You expressly agree that your use of the Website is at your own risk. NEITHER CLOUDRINO.NET, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT CLOUDRINO.NET PROVIDES. NEITHER CLOUDRINO.NET, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. CLOUDRINO.NET IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CLIENTELE VIA THE SERVICES PROVIDED BY CLOUDRINO.NET.
IN NO EVENT SHALL CLOUDRINO.NET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, GOODWILL, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF Cloudrino.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Cloudrino.net's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual amount paid by you for the Services during the 12-month period prior to the date of the damage or loss occurred or the cause of action arose. The provisions of this Clause pertaining to Uptime Guarantee shall be limited to credits available to you for system downtime.
You shall agree to indemnify and hold harmless Cloudrino.net and its parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Cloudrini.net, made by any third party or penalty imposed due to or arising out of your breach or non-performance of terms of the Accepted Use Policy, or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
Cloudrino.net reserves the right, and you agree to pay for, services of third party consultants hired by Cloudrino.net in its discretion to assist Cloudrino.net in providing the Services to you. Fees for the services of third parties retained by Cloudrino.net will be charged to you in the invoice covering the period during which the third party services were utilized by Cloudrino.net.
Cloudrino.net shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
You represent and warrant that your use of the Services shall not infringe the intellectual property or other proprietary rights of Cloudrino.net or any third party. You further acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of Cloudrino.net is owned by Cloudrino.net and/or its licensors. Unless otherwise specifically provided in this Agreement, you shall have no right, title, claims or interest in or to Cloudrino's Intellectual Property.
You shall not copy, modify or translate any Cloudrino.net intellectual property or related documentation, or decompile, disassemble or reverse engineer same, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, You are not authorized to distribute or to authorize others to distribute Cloudrino.net intellectual property in any manner without the prior written consent of Cloudrino.net.
Cloudrino.net respects the intellectual property of others, and we ask you to do the same. Cloudrino.net may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
In cases of any infringement of any intellectual property of third parties by you or any non compliances of any applicable laws of the jurisdiction of your operations, we will not be liable for any damages or compensation (if any) to be paid to the third party and/or government authorities and you shall keep the Company indemnified in this regard.
This Agreement shall be interpreted and construed according to, and governed by, the laws of Delhi. All disputes are subjected to Delhi Jurisdiction only.
Any failure or delay in exercising any right, remedy, or power under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.
This Agreement shall be binding upon and inure to the benefit of you, Cloudrino.net and their respective successors, and assigns. You may not assign this Agreement without the prior written consent of Cloudrino.net, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
Additional amendments to the Agreements, when noted, are amendments to this Agreement and are to be incorporated into it. Examples include terms and conditions for promotional offers and other additional terms and conditions.
Cloudrino.net reserves the right to modify this agreement as needed without notice, and you agree that by creating, using, or otherwise engaging in business with Cloudrino.net, that you have fully read, fully understand and agree to the amended terms and conditions of the Agreement. You understand that the terms and conditions in the Agreement are legally binding and that you are authorized to enter into such agreements on behalf of your organization or yourself.
DMCA Notice Policy
KOONK TECHNOLOGIES PRIVATE LIMITED is providing services of cloud servers from the website named Cloudrino.net. Cloudrino.net may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users on repeated infringing activities. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the written notice along with the following information:
Cloudrino.net's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By CERTIFIED mail:
DMCA Compliance Agent/Grievance Officer
Okhla Industrial Area, Phase-1
WHILE EVERY ATTEMPT WILL BE MADE TO PROCESS YOUR REQUEST WITHIN THE SHORTEST POSSIBLE TIME PERIOD, DUE TO WORKLOAD PLEASE ALLOW UP TO 5 BUSINESS DAYS FOR PROCESSING.
Our postal for legal and privacy issues is address:
Okhla Industrial Area, Phase-1