1. Buyer shall mean the person/entity, who accepts/acknowledges these Terms with CloudFirst Technology Private Limited, the Seller.
Buyer understands and agrees that CloudFirst is not the provider of the Any Cloud Services Ex.Google , Microsoft , AWS etc. Buyer’s use of the Cloud Services shall be subject to the applicable terms of service for the there Respective Services. CloudFirst is not responsible for the operation or performance of Cloud Solutions provider Google , Microsoft , AWS . or the their Services. CloudFirst does not make any representations or warranties with respect to the any cloud Services. All Cloud Services and all intellectual property rights relating to the there Services are and shall remain the exclusive property of respective companies.All claims in relation to the Cloud Services shall be addressed only to the Cloud Service Provider.
CloudFirst is Cloud reseller with limited following scope.
- a. Sell Services and facilities billing to respective customers in India.
- b. Initial setup & First level support (If customer subscribed Premium support).
- c. All L2 level deep technical support provided by Cloud Services provider only.
- 1.Buyer understands and agrees that CloudFirst is not the provider of the Any Cloud Services.
- 2. Cloud Services shall mean Cloud Software as a Service (SaaS), Cloud Platform as a Service (PaaS) and Cloud Infrastructure as a Service (IaaS) as subscribed by
the Buyer as the case may be, invoiced by the Seller and governed by these terms.
- 3. The terms herein are the binding Contract between Seller and the Buyer and all orders placed by the Buyer with Seller shall be subject to the terms and conditions
hereinbelow. These terms shall prevail over all previous, contemporary communications exchanged between the parties, whether or not in writing including the
terms and conditions of invoices under which the Cloud Services were sold to the Buyer prior to the date hereof or Buyer’s Purchase order terms. The Buyer shall
not be entitled to vary, amend, add or alter any of these conditions.
- 4. Every invoice shall be a binding contract between the Seller and Buyer on principal dealing with principal basis and shall be deemed conclusive on acceptance of
the Cloud Services by/on behalf of the Buyer. The Buyer shall not in any event be deemed or construed to be an agent, contractor or representative of the Seller. This
Contract shall be in addition to the terms of Dealership Registration Form/ Dealership Registration Agreement and other specific terms of respective Cloud Service
Provider as published on the Seller#s website/cloud portal.
- 5. Buyer shall ensure that Buyer and its customers comply with all anticorruption laws including but not limited to FCPA, UK Bribery Act, Prevention of Corruption
Act or any other country specific laws as applicable.
- 6. Buyer shall be responsible for payment of GST and all other duties/taxes as applicable to the sale. If at any time before or after receipt of Cloud Services by the
Buyer, any duty / tariff / tax or charge of whatsoever nature is imposed / increased by the Government of India or the State Government or any other Statutory
Authority with retrospective effect, then the Buyer shall be liable to reimburse the Seller the difference in the tax to the extent of such increase in respect of the
supplies made prior to such change to the extent of the new imposition or increase thereof.
- 7. The contract is subject to force majeure events which includes but is not limited to Act of God, fire, flood, war, public disaster, strike, governmental enactment,
rule or regulation or any other cause beyond the Seller’s control. Seller shall not be liable for delay in providing Cloud Services on account of such force majeure
events. The Buyer shall not be entitled for any compensation, damages, loss under any circumstances even if the Seller is advised of such possibility earlier, whether
or not the time is the essence of the contract.
- 8. The Buyer shall provide necessary certificates against all statutory deductions made out of the payments paid to Seller, within ninety (90) days before the end of
the quarter failing which Seller shall have the legal right to raise separate invoice on the Buyer against the amount so deducted. Any amount deducted shall be the
liability of the Buyer.
- 9. No dispute regarding the quantum of the Cloud Services can be raised without written notice to Seller within five (5) days of this invoice. In respect of any such
dispute relating to the quantum of the Cloud Services, the Buyer agrees to first make payment in full before raising such claim.
- 10. All payments for the Cloud Services shall be made by the Buyer at the Seller’s Registered
Corporate Office. All payments made by cheques are subject to realization and if made by electronic mode (NACH etc.) payment would be subject to
receipt of fund in Seller’s account. Buyer irrevocably undertakes not to hold payments due to the Seller on account of dispute between the Buyer and the Cloud
Service Provider or a third party for whatever reason. Buyer shall pay interest @ 24% per annum or the maximum interest allowed under applicable laws for
payment made beyond the due date until the date of realization with the applicable taxes and penalties.
- 11. All bank charges in respect of the payment (including collection or cheque bouncing charges, return charges pursuant to dishonour of standing instructions) and
stamp duty on bills of exchange, hundies wherever applicable shall be paid by the Buyer under this invoice with GST as applicable to the account of the Buyer. The
Seller shall not be liable for any loss or theft of bank drafts, cheques etc. in transit.
- 12. Any notice or other documents shall be deemed to be validly served on the Buyer if sent by ordinary post/reputed courier to the known address of the Buyer or to
the registered email address of the Buyer.
- 13. All and any dispute arising out of all or any terms of this Contract between the Parties herein shall be resolved through Arbitration. Either of the Parties may
notify the dispute to the other party, enabling them to find an amicable settlement of the dispute within thirty (30) days of such notification. In the event if no
amicable settlement is arrived within thirty (30) days as stated supra, either of the parties shall refer the dispute to Arbitration. M/s CloudFirst Technology Private limited shall
immediately appoint a Sole Arbitrator within one (1) month of such reference of dispute to Arbitration. Buyer explicitly agrees and waives off any right to question
the appointment of Arbitrator as above. Such proceedings shall be conducted in English language only and in accordance with the provisions of The Arbitration and
Conciliation Act, 1996, as amended. The finding of the Sole Arbitrator shall be final and be binding on all the parties. The Venue will be as fixed by the Sole
Arbitrator and the same will be binding on the parties. The Seat for the Arbitration shall be exclusively at Mumbai. The governing laws shall be Indian laws and the
parties explicitly agree that all or any legal proceedings in connection with the Arbitration proceedings shall be subject to the exclusive Jurisdiction of Courts in
Mumbai alone. The Seller shall also have the right to initiate the appropriate civil/criminal proceedings including complaint u/s 138 of NI Act, as applicable.
- 14. It is acknowledged and confirmed that the Seller has the right to transfer or assign any of its rights arising out of these terms of contract/ invoice including
without limitation the right to transfer or assign the receivables to any third party, without having to secure any separate consent from the Buyer.
- 15. Buyer acknowledges that this is a contract for supply/fulfilment of Cloud Services and the Cloud Services so provided under these presents are being made available #AS IS# provided by the Cloud Service Provider or their respective Suppliers. Seller does not make any representation towards warranty or functionality or quality or fitness for particular purpose in respect of the Cloud Services made available hereunder. All claims in relation to the Cloud Services shall be addressed only to the Cloud Service Provider.
- 16. The Buyer explicitly agrees not to hold the Seller responsible and liable for quantum, quality, functionality or defect in the Cloud Services provided hereunder
including intellectual property infringement claims such as patent, copyright and trademark infringement claims from the Buyer or a third party. Buyer undertakes
not to use the patents, trademarks or trade names of Seller or the Cloud Service Providers without the prior written consent of the Seller.
- 17. Buyer shall ensure compliance of all applicable local laws relating to its business as well as other applicable foreign laws including the respective Cloud Service
Provider terms in respect of the Cloud Services availed by the Buyer. Buyer shall also ensure that the Buyer’s customers / end users comply with the aboverequirement. It is the responsibility of the Buyer to ascertain respective Cloud Service Provider terms on its/their own for the purpose of compliance and shall inform their customers / end users of this requirement. Seller shall in no event be liable for an act of ignorance of applicable law by the Buyer or its customers.
- 18. Buyer hereby undertakes to comply with any import, re-import, export and re-export control laws or regulations that are applicable to Cloud Services and shall not under any circumstances, use, sell or cause to be sold through any third party, the Cloud Services for use in connection with chemical, biological, nuclear weapons, mass destructive or in unauthorized applications or in a facility engaged in such activities, within or outside India and to customers who are prevented from receiving the Cloud Services under any laws including U.S export regulations. The Buyer would also ensure that the Buyers customers are kept fully informed
of all such compliance requirements and make all efforts to ensure that the customers adhere to all the compliance requirements.
- 19. Seller shall not be responsible for any wrong/misrepresentation made by the Buyer in respect of the Cloud Services. The total cumulative liability of the Seller to
Buyer, its customers or to any third party under any circumstances shall not exceed the amount of the particular invoice giving rise to such claim. Seller shall not be
liable for any direct, indirect, special or consequential damages even if advised of such possibilities earlier.
- 20.Reactivate a service suspended for unpaid invoices
If you have unpaid invoices for a cloud services, you may see the message "Your service has been suspended" when you sign in to that service. To reactivate the suspended service, you need to pay your overdue invoice.
General payment terms is 7 days from invoice date after that invoice will overdue and services at risk of suspension. CloudFirst is not responsible for any direct or indirect loss or claim due to services suspension.
- 21.All information displayed, transmitted or carried on www.cloudfirst.in is protected by copyright and other intellectual property laws.This site is designed, updated and maintained independently by CloudFirst Technology Private Limited
- 22.The content is owned or cloud service provider by CloudFirst Technology Private Limited You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content.
- 23.CloudFirst Technology Private Limited will not be held responsible for any loss or damage in any form caused by a fault in the service or the Internet. The service may not be available unexpectedly due to errors or circumstances beyond Infinitys control.
- 24. CloudFirst Technology Private Limited reserves the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
- 25.CloudFirst Technology Private Limited Reserves the right to refuse service to anyone at anytime without given reason.
- 26.CloudFirst Technology Private Limited Does not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number.
- 27.Payment and Refund Issue -- All the payments would be accepted on standard modes set by CloudFirst Technology Private Limited as favor of CloudFirst Technology Private Limited As we at CloudFirst Technology Private Limited keep up high interactions with our clients and carry out entire process with their approval thus there is no provision for any kind of full or partial refund. We clearly mention here that paid amount would not be refund in any circumstances.
- 28.CloudFirst Technology Private Limited is not responsible for any dispute within the community members / users / visitors.
The services and materials would be strictly in accordance to your requirements.
Fault freeness, security, uninterruption and well timely execution of services and materials.
Immediate correction of any software error is not guaranteed by CloudFirst Technology Private Limited
A few circumstances or jurisdiction do not permit of obscure warranties or restrictions on the duration when warranty would last. Therefore the abovementioned limitations may not apply to you to the extent acceptable. Kindly note any implied warranty would limit to a maximum duration of 30 (thirty days).
- 29.Relevancy and contemporariness of data / information is not guaranteed by CloudFirst Technology Private Limited is not accountable for any error of omission and editing of information / document / materials. This site possibly will comprise technical errors, inexactness, typing or other errors. Not in any case CloudFirst Technology Private Limited. and its associates would be liable for any third party for any special, disciplinary, accompanying, indirect or momentous damage of any kind. CloudFirst Technology Private Limited is not responsible for any damage to your computer system or data loss while downloading any information from this site. User would be solely accountable any and every kind of data loss / technical problem.
- 30.The links existing on this site are not being in command of CloudFirst Technology Private Limited hence we do not represent or recommend any of them. Right of entry of these links is not under control of CloudFirst Technology Private Limited therefore we are not responsible for any kind of precision and reliability of information / facts available on non- CloudFirst Technology Private Limited websites.
- >31.CloudFirst Technology Private Limitedis contacted / accessed and used in various countries thus it may contain such programs or services which are not publicized in your country.
- 32.CloudFirst Technology Private Limited servers shall not be used as source or intermediate for transmission of SPAM or any other type of unsolicited e mails. Referring your domain for such activities or reply to such destination is strictly forbidden. Domains on our servers are not allowed to place/ operate/ advertise/ manage the links of illegal sites or SPAM. Any of the mass mails/ messages form unknown addresses are treated by us as SPAM. Users are not allowed to use their account for bulk-mailing for a third party to any domain including our network and off our network as well. In case of identification of spammed the respective account would be disabled without any prior notice. CloudFirst Technology Private Limited carries solitary authority to determine the policy for identification of spammers and to cancel the services of respective party instantaneously.
- Scope of migration data shall be transferred Online Source cloud server to Designation cloud server only without direct access.During any migration any data will not download or any third party tool and software.
- Migration Data shall be process as per the scope of work. Apart from the scope of work charges extra.
- Company shall provide all required information to complete migration timely manner. And confirmation required after completion of migration.
- Source Cloud server must be remaining active till migration completion and more than 15 days.
- Please do not share any login credential including CloudFirst Technology Private Limited Support Team or any team member never ask you any source login credential or any credit card or bank details.
- Required login details shall be enter by authorized person direct to Migration process by remotely when required.
- Migration of data is not guaranteed by CloudFirst Technology Private Limited because cloud to cloud migration and due to technical limitation.
- CloudFirst Technology Private Limited shall not responsible for any data loss or any indirect or direct loss and Not liable for any claim.
In case of any concern about your privacy, please write to us at firstname.lastname@example.org
, we will respond to you asap.
As per Government's directive and a preventive measure to avoid the spread of Corona virus pandemic, we are currently working with limited resources. Hence, there could be delay in responding to your email.
We will get back to you in 48 to 72 hrs.
We appreciate your patience. Rest assured we are working diligently to respond to your concern as quickly as possible.