Services Provided by CruvzCloud
1. CruvzCloud offers different types of internet-related services:
* Customized Managed Hosting: Using servers set up by CruvzCloud.
* Server Hosting: Using CruvzCloud's servers or housing your own with them.
* Domain Services: Handling domain-related tasks.
* Other services available upon request.
2. CruvzCloud promises 99% server availability yearly but conducts maintenance work during specific times (usually overnight) that doesn't count towards this guarantee. We won't be responsible if the servers go down due to reasons beyond our control.
3. We ensure a specified amount of available bandwidth as per the contract.
4. CruvzCloud may use third parties to provide their services.
5. When registering domain names, CruvzCloud acts as a go-between for the customer and the office responsible for registrations. The domain names will be registered under the customer's name.
6. CruvzCloud doesn't guarantee getting a specific domain name or assure that it won't infringe on someone else's rights. Customers need to make sure the desired domain isn't already taken or violating anyone else's rights before asking CruvzCloud to register it.
Customer’s Duties
1. Billing and Payments:
CruvzCloud bills for services in advance (monthly, quarterly, biennially, yearly, or as per the contract terms).
Prices listed don't include Service Tax (mentioned separately in the invoice).
Payment is due seven days after receiving the invoice/proforma invoice, without any discounts.
Invoices are sent via email unless specifically requested otherwise.
Different billing intervals or payment methods can be arranged upon request.
2. Specific Billing Details:
Details about how to claim services described in the terms can be obtained from the CruvzCloud team separately.
3. Customer Information:
Customers must provide and maintain accurate postal addresses for the contract.
4. Payment Authorization and Default:
Customers allow CruvzCloud to collect payments.
Failure to pay can result in an annual interest rate of 36%.
Chargebacks will incur a processing fee of INR 1000. Customers can contest the charges.
Content Responsibility:
Customers must comply with government regulations regarding content publishing.
Prohibited from sharing illegal content or using servers for unlawful activities.
Data Storage Responsibility:
Customers must regularly back up data outside CruvzCloud's network, which can also be done through their service.
Email and Consent:
Customers should not send emails or post in chats/forums to individuals without their prior consent.
Breach of this can lead to a contractual penalty of INR 3000 per incident.
Password Confidentiality:
Customers must keep all provided passwords confidential for fulfilling contractual obligations.
Liability Insurance:
Customers using IT-housing-services must have liability insurance covering potential losses and recognize that their equipment isn't insured by CruvzCloud.
Server Maintenance:
Customers are responsible for operating and maintaining their servers unless specific services are acquired from CruvzCloud.
Domain Registration:
Customers declare that desired domains don't violate third-party rights when registering them through CruvzCloud.
Legal Disputes and Notifications:
Customers must inform CruvzCloud immediately of any legal disputes arising from registered domains.
CruvzCloud can take action, including blocking access, pending dispute resolution for domain-related issues, especially copyright violations.
Conclusion of Contact
1. Contract Formation:
The contract begins when CruvzCloud starts providing services to the customer.
CruvzCloud can refuse customer orders without giving a reason.
2. Hosting and Co-location Services Contract:
For hosting or co-location services, the contract officially starts when CruvzCloud sends passwords and unlocks the server, regardless of other terms mentioned earlier.
Notification of Right to Revoke
Right to Cancel:
You have 14 days to cancel your contract without giving a reason. You can do this by sending a letter or email within this period. The countdown starts from when you receive this information.
How to Cancel:
Send your cancellation notice to:
[email protected]
Consequences of Canceling:
If you cancel the contract effectively, any benefits received by both parties need to be returned. If you can't return them entirely or they've depreciated, you might need to compensate for any loss in value. Repayment should happen within 30 days. The period starts when you send your cancellation notice.
Special Notes:
If services have already begun with your permission before the 14-day cancellation period ends, your right to cancel might end early. This applies if you initiated the service yourself before the cancellation period expired.
Contract Period, Cancellation
1. Contract Duration and Renewal:
Contracts are for a specified period and automatically renew if not canceled.
Automatic renewal won't exceed three years.
2. Cancellation by Customer:
Customers must cancel in writing.
3. Cancellation Notice Periods:
4. Notice periods vary based on the agreed minimum contract period:
1-month minimum: 45 days' notice
3-month minimum: 60 days' notice
6-month minimum: 60 days' notice
12-month minimum: 90 days' notice
24-month minimum: 120 days' notice
5. Cancellation for Sufficient Cause:
Cancellation without notice is possible for specific reasons, like non-compliance with obligations, late payments, legal violations, or persistent breaches despite warnings.
6. Immediate Cancellation and Blocking:
If there's a severe reason for cancellation, CruvzCloud can block server access without notice until issues are resolved, charging INR 5000 for expenses incurred.
7. Cancellation and Payment Obligations:
If CruvzCloud cancels a contract for a severe reason and immediate effect, customers must pay 50% of the monthly fee until the minimum contract period is reached, unless they can prove lesser losses incurred.
8. Damages Compensation:
CruvzCloud reserves the right to claim additional damages beyond these terms.
9. Lien Right and Server Blocking:
For co-location services, CruvzCloud holds a lien on installed hardware for security against claims.
If payment is overdue by more than 10 days, CruvzCloud can block server access without notice, charging INR 5000 to unblock.
Liability
1. Liability for Damages:
CruvzCloud is liable for damages caused by gross negligence or deliberate actions by its personnel. For minor negligence and breaches of essential contract terms, liability is limited to foreseeable damages, except in cases of harm to life, limb, or health.
2. Customer Indemnification:
3. Customers must indemnify and protect CruvzCloud against claims from third parties arising due to the customer's illegal actions or errors in provided content.
Content Responsibility:
Customers bear sole responsibility for the content stored on their server.
4. Infrastructure Operations:
CruvzCloud maintains its technical infrastructure up to industry standards. However, it's not liable for damages caused by third-party attacks, including DDoS attacks, viruses, or hacker intrusions on its infrastructure.
Data Privacy Statement
1. Consent for Personal Data: By using CruvzCloud services, customers agree that their personal data will be collected and used in accordance with legal regulations and industry standards. 2.Domain Service and Personal Data: If customers use CruvzCloud's Domain Service, they consent to their personal data being shared with the relevant office responsible for domain registration, extending the terms outlined in section 8 of these General Terms and Conditions.
Conclusion of Contact
1. Contract Formation: The contract begins when CruvzCloud starts providing services to the customer. CruvzCloud can refuse customer orders without giving a reason. 2. Hosting and Co-location Services Contract: For hosting or co-location services, the contract officially starts when CruvzCloud sends passwords and unlocks the server, regardless of other terms mentioned earlier.
Court of Jurisdiction, Applicable Law
1. Exclusive Court of Jurisdiction:
If the contracting partner is a merchant, a legal entity under public law, or a special estate under public law, Jagadhri will serve as the exclusive court for all claims arising from this contract.
2. Governing Law:
Contracts between CruvzCloud and the customer are governed by Indian law.
In simpler terms, if the customer is a business, government entity, or similar, any legal matters related to the contract would be handled in Jagadhri, and Indian law applies to contracts between CruvzCloud and the customer.
Credit Reporting Agency
Upon ordering services, customers provide consent for CruvzCloud to share data related to the application, acceptance, and termination of the contract with any potential Credit Reporting Agency in India in the future. Additionally, CruvzCloud will share information regarding any breaches of this contract with such agencies. These reports will only be issued after careful consideration of all affected interests.
Concluding Provisions
1. Offsetting Claims:
Customers can only offset claims against CruvzCloud if CruvzCloud acknowledges these claims or if they hold legal validity.
2. Communication from CruvzCloud:
All communications from CruvzCloud to the customer will be in written form.
3. Enforceability of Terms:
If any part of these terms is found to be unenforceable, the other parts remain valid. Any unenforceable part will be replaced by a legally valid provision that best aligns with its intended purpose.
4. Copyright Notice:
THIS NOTICE OF RIGHT TO REVOKE AND THESE GENERAL TERMS AND CONDITIONS ARE COPYRIGHTED BY THE LEGAL CONSULTANTS OF CRUVZCLOUD. REPRODUCTION AND USAGE REQUIRE PERMISSION. VIOLATIONS WILL BE SUBJECT TO LEGAL ACTION.
Scope
CruvzCloud stands at the forefront of innovation, offering advanced cloud services tailored to meet the diverse needs of modern enterprises. With a team of seasoned experts and tech enthusiasts, we're committed to delivering excellence in every aspect of cloud computing.