Terms and Conditions

1. Overview

Cloudytics.com which is owned and operated by Pradent Business Services Private Limited offers Hosting Solutions. This Service Agreement governs your purchase and use in any manner.

By Purchasing any service offered by Pradent Business Services Private Limited, you acknowledge that you have read this agreement and agree to be bound by the Terms and Conditions contained here as well as Acceptable Use Policy incorporated by reference.

The terms “we”, “us” or “our” shall refer to Pradent Business Services Private Limited. The terms of “you”,”your”,”user” or “customer” shall refer to any individual, agent, or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This agreement is made effective as of the date of your (first payment for use of the services) or the date of electronic acceptance. Pradent Business Services Private Limited reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendums and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Pradent Business Services Private Limited's Cloudytics Web site (the "Site"). Your continued use of Services following Pradent Business Services Private Limited's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

2. Eligibility

The Services offered by Pradent Business Services Private Limited are available only to Users who can form legally binding contracts under applicable law. By using the services offered by Pradent Business Services Private Limited, you represent and warrant that you are (i0 at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority (either actual or apparent authority) to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Pradent Business Services Private Limited finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Pradent Business Services Private Limited shall not be liable for any loss or damage resulting from Pradent Business Services Private Limited’s reliance on any instruction, notice, document or communication reasonably believed by Pradent Business Services Private Limited to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, Pradent Business Services Private Limited reserves the right (but undertakes no duty) to require additional authentication from you.

3. Service

"Service" collectively refers to all of the products and services Pradent Business Services Private Limited offers and provides, including, but not limited to the installation, maintenance and repair of one or more shared or physical computers for use by customers.

We will provide Service to Customer however the Service may only be used for their intended purposes and in accordance with this Agreement. You shall provide us with all assistance as reasonably required for us to activate and provision the Services.

3.1 Terms

  • From time-to-time we may cease offering or providing a Service, for any reason or no reason, and without prior notice. Notwithstanding the foregoing, although Pradent Business Services Private Limited makes great effort to maximize the lifespan of all its software and hardware, due to the ever evolving landscape of technology, there are times when a product or service we offer will be discontinued or reach its End-of-Life ("EOL"). We will attempt to replace them with comparable components, but may not be able to do so. An End of Life is not a breach of this Agreement.
  • While we do provide backup, there is no guarantee that the backup will work properly and that the content will be completely recovered or formatted properly. You are solely responsible for keeping a separate backup of any data that you do not want to lose.
  • Pradent Business Services Private Limited's Acceptable Use Policy governs the general policies and procedures for use of the Services. The Usage Policy is posted on Pradent Business Services Private Limited's Web site (or such other location as Pradent Business Services Private Limited may specify) and may be updated from time-to-time. You should carefully read the Acceptable Use Policy. By using the services, you agree to have read, understood and accepted the terms under Acceptable Use Policy and to be bound by the terms of Acceptable Use Policy and any modifications. Pradent Business Services Private Limited reserved the right to terminate your account for any violation of the usage policy or this agreement.
  • By entering into this agreement, you agree that all services provided by Pradent Business Services Private Limited are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Stages, India, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Pradent Business Services Private Limited from any claims resulting from the subscriber's use of Pradent Business Services Private Limited’s services which damages the subscriber or any other party. Examples of prohibited content or links include (but are not limited to):
    • Pirated software
    • Hacking sites, programs or archives
    • Warez, Warez Linking, Nulled Scripts Sites
    • Distribution of music files or any other material in which the account holder does not own the copyright.
    • SPAM and Unsolicited Commercial Email
    • Currency mining or any other form of mining

3.2 Payments

  • Payment must be received in full prior to account activation. All accounts must not have delinquent balances. Once payment is received, the account will client’s account will be activated. Each payment is due thirty (30) days from the day of the previous payment.
  • Customers will be notified via email 10 days prior to the account due date. Failure to make payment prior to the due date results in deactivation of the account anytime after payment is due.
  • A reactivation of the account requires a payment of 10% of the total monthly invoice amount in addition to the delinquent invoice amount.
  • Payment for your service must be paid at the beginning of each billing cycle. Pradent Business Services Private Limited reserves the right to modify the pricing of each service, mid-cycle, and without prior warning. Future payments on all subsequent billing cycles shall be in accordance with the new pricing.
  • If for any reason Pradent Business Services Private Limited is unable to charge your Payment Method for the full amount owed for the Services provided, or if Pradent Business Services Private Limited receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Pradent Business Services Private Limited may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. Pradent Business Services Private Limited also reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks Pradent Business Services Private Limited may perform outside the normal scope of its Services, (ii) additional time and/or costs Pradent Business Services Private Limited may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Pradent Business Services Private Limited in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) disputes that require accounting or legal services, whether performed by Pradent Business Services Private Limited staff or by outside firms retained by Pradent Business Services Private Limited; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Pradent Business Services Private Limited as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Pradent Business Services Private Limited
  • All payments made to Pradent Business Services Private Limited for any product(s) and/or service(s) are considered final and non-refundable. Said payments for product(s) and/or service(s) are non-refundable under any condition unless otherwise provided by applicable law.

4. Enforcement

This Agreement fully incorporates Pradent Business Services Private Limited Privacy Policy. The Privacy Policy is incorporated herein by reference.

  • Investigation of Violations Pradent Business Services Private Limited may investigate any reported or suspected violations of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstances to protect its systems, facilities, customers and/or third parties. The investigation includes but is not limited to: review of currently stored materials, review of past stored materials, diagnostics and analysis of stored material to comply with the laws of local, State, Federal, and all other reasonable investigations under the law. Pradent Business Services Private Limited will not access or review the content of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process. Pradent Business Services Private Limited may suspend your access to your materials until Pradent Business Services Private Limited has completed its investigation. During this time, you will not be credited the time of the suspension for the investigation.
  • Account Termination Policy Pradent Business Services Private Limited reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, Pradent Business Services Private Limited may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Pradent Business Services Private Limited’S systems, (d) remove or destroy any data and files, and/or (e) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Pradent Business Services Private Limited which, in Pradent Business Services Private Limited’S sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Pradent Business Services Private Limited to civil or criminal liability or public ridicule. It is Pradent Business Services Private Limited’S policy to terminate repeat infringers. A repeat offender is defined as a User who was issued at least one (1) warning of violation and who fails to correct the violation to comply with this agreement. Pradent Business Services Private Limited’S right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If Pradent Business Services Private Limited takes corrective action due to such possible violation, Pradent Business Services Private Limited will not be obligated to refund to you any fees paid in advance of such corrective action. Pradent Business Services Private Limited may also terminate a User's access to this Site or the Services found at this Site if Pradent Business Services Private Limited has reason to believe the User is a repeat offender. If Pradent Business Services Private Limited terminates your access to this Site or the Services found at this Site, Pradent Business Services Private Limited may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. Pradent Business Services Private Limited reserves the rights to terminate, suspend, and/or refuse service to anyone at any time for violating any terms of the Terms of Service.
  • Disclosure Rights To comply with applicable laws and lawful governmental requests, to protect Pradent Business Services Private Limited’S systems and customers, or to ensure the integrity and operation of Pradent Business Services Private Limited’S business and systems, Pradent Business Services Private Limited may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Pradent Business Services Private Limited’S servers and systems. Pradent Business Services Private Limited also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

5. Disclaimer

5.1 Warranties

Pradent Business Services Private Limited will strive to provide the hardware and services consistent to the industry’s highest standard. You specifically aknowledge and agree that your use of the services offered by Pradent Business Services Private Limited shall be at your own risk and that the services are provided “as is”,”as available” and”with all faults”. Pradent Business Services Private Limited’s officers, directors, employees, and agents disclaim all warranties, statutory, expressed or implied, including, but not limitedto, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Pradent Business Services Private Limited and it’s officers, directors, employees, and agents make no repreesentation or warranties about (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Pradent Business Services Private Limited assumes no liablity or responsibility for the same. In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Pradent Business Services Private Limited, its officers, directors, employees, or agents (including without limitation its call center or customer service representatiave) will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice. The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
  • Customer and/or Third Party Acts Pradent Business Services Private Limited is not responsible in any manner for any nonconforming Services to the extent caused by you or your customers. In addition, Pradent Business Services Private Limited is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Pradent Business Services Private Limited’S reasonable control.
  • No express or implied warranty all services, systems and products provided by Pradent Business Services Private Limited under this agreement are provided without any express or implied warranty fact or law, whatsoever. You acknowledge and agree that Pradent Business Services Private Limited exercises no control over, and accepts no responsibility for, the content of the information passing through Pradent Business Services Private Limited’s computers, network hubs and points of presence, or the internet. Pradent Business Services Private Limited does not warrant that the operation of the services will be uninterrupted or error-free, or completely secure, and does not make any warranties with respect to patent, copyright, trade secret or trademark infringement. All services performed under this agreement are performed "as is" and without warranty against failure of performance including, without limitation, any failure due to computer hardware or communication systems. Except as expressly provided this agreement, Pradent Business Services Private Limited does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, regarding the services, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or conditions of quality, and any warranties with respect to patent, copyright, trade secret or trademark infringement.
  • Your Warranties and Representations to Pradent Business Services Private Limited You warrant, represent, and covenant to Pradent Business Services Private Limited that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

5.2 Liabilities

  • Limitations on event shall Pradent Business Services Private Limited have any liability for damage, unauthorized access to, alteration, theft or destruction of information provided to Pradent Business Services Private Limited, distributed or made available for distribution via the services. Pradent Business Services Private Limited Shall have no liability under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if Pradent Business Services Private Limited Has been advised of the possibility of such damages. Any event, the liability of Pradent Business Services Private Limited to you for any reason and upon any cause of action shall be limited to the amount actually paid to Pradent Business Services Private Limited by you under this agreement during the thirty (30) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the services set by Pradent Business Services Private Limited under this agreement have been and will continue to be based upon this allocation of risk. Accordingly, you hereby release Pradent Business Services Private Limited from any and all obligations, liabilities, and claim excess of the limitation stated in this sectio6.1. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, such states, our liability is limited to the extent permitted by law.
  • Interruption of Service You hereby acknowledge and agree that Pradent Business Services Private Limited will not be liable for any temporary delay, outages or interruptions of the Services. Further, Pradent Business Services Private Limited shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, packet loss, server crashes, communications or third-party supplier failure).
  • Maintenance You hereby acknowledge and agree that Pradent Business Services Private Limited reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Pradent Business Services Private Limited will use reasonable efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
  • Limitation of Liability in no event shallPradent Business Services Private Limited, tts officers, directors, employees, or agents be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (envy) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Pradent Business Services Private Limited is advised of the possibility of such damaged. In addition, you specifically acknowledge and agree that any claims, actions, controversies or disputes arising out of or related to this site or the services found at this site must be settled by binding arbitration in the state of california. The arbitration shall be conducted on a confidential basis pursuant to the commercial arbitration rules of the american arbitration association. Any arbitration arising out of your claims, actions, controversies shall commence within one (1) calendar year of the occurrence of the alleged claim, action, controversy, or dispute. Otherwise your claims, actions, controversies shall be permanently waived. In addition, you specifically acknowledge and agree that in no event shall Pradent Business Services Private Limited’s total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
  • Liability for Other Materials Pradent Business Services Private Limited shall take no responsibility for the contents, materials, or otherwise links to such contents or materials hosted on its servers input by individuals including but not limited to you, your agents, and anyone/entity acting on your behalf.

5.3 Indemnification

You will defend, indemnify and hold harmless Pradent Business Services Private Limited and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnities") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnities by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by an agent or former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by Pradent Business Services Private Limited; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).

5.4 Force Majeure

Pradent Business Services Private Limited shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or Indian Government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, wars; or lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.

6. Misc

  • Confidentiality: The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.
  • Notices: All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.
  • Choice of law and forum subsection 8.4 of this agreement is incorporated hereto in its entirety under this subsetion. This agreement, will be governed by the laws of the India and the state of New Delhi.
  • Entire Agreement This agreement includes in full an agreement each and every kind between Pradent Business Services Private Limited and User concerning the services and all preliminary negotiations and agreement of any kind or nature are merged in this agreement. No oral agreement or implied covenants or implied covenants made in connection with this agreement shall be enforceable unless otherwise included in this agreement. This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.
  • Assignments You may not transfer or assign your rights, duties, or obligations under this Agreement without Pradent Business Services Private Limited’S prior written consent. Pradent Business Services Private Limited may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.
  • No Waiver Pradent Business Services Private Limited’s waiver to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Pradent Business Services Private Limited’s right to subsequently enforce such provision or any other provisions under this Agreement.
  • Severability If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications. Partial invalidity does not cause the entire agreement to be unenforceable.
  • Survival All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.
  • Modification Pradent Business Services Private Limited reserves the right to add, delete, or modify any provision of its Terms and Condition, Acceptable Usage Policy at any time without notice

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