This terms and conditions sets out the rights, responsibilities and limitations of the parties involved with Cloud service provided by Symmcom hereon referred to as “service provider” and an individual, group or entity placing order hereon referred to as “client”, “customer” or “end user”. This Terms & Conditions is effective upon placing order for any cloud service through Symmcom website. This terms are subject to change with or without prior notice.
- All cloud servers, remote off site backups, hosted services are referred to as “Services” provided by service provider. The effective date of services is the order date services were originally purchased. Client must agree with this Terms and Conditions prior to placing an order.
- Client understands that ordered services and/or related support may not be available due to technical difficulties, equipment malfunction, during scheduled maintenance and/or during any disaster beyond service provider’s control, both natural and man-made. Service provider will provide minimum 24 hours notice for any scheduled maintenance that may interrupt client’s service along with details of the maintenance and affected services. Service provider holds the right to commence any emergency maintenance if not doing so may affect the security of data center and clients.
- For certain services, the client may need to install or setup additional services or new versions of software to fully utilize services provided by service provider. This may include any “updates” or “patches” provided by third party provider used by customer.
- Cloud server services come equipped with predefined configuration for memory, disk space and virtual cpu. Client can upgrade their services at any time as their need requires.
- Service provider is not responsible to backup client virtual servers or cloud servers. Each cloud server comes with certain backup option and client is solely responsible to do their own backup. Backup options are available through Client Area.
- Service provider holds all rights to relocate any equipment used to provide services at any time with advanced notice to the client. Clients will never have any physical access to any service related equipment or any equipment managed by service provider.
- Client agrees to provide accurate information during ordering any services from service provider. Service provider must be able to contact the client. Any falsified information provided by client may prevent any services to be activated or suspended at service provider’s discretion.
Freedom of Speech
- Service provider, Symmcom exercises and supports freedom of speech over the internet. Clients using cloud server services are free to open any sites(with exceptions mentioned in section, Prohibited Content) to express their own opinion and share opinions between other internet users.
- Service provider will never be held responsible for any comments made on clients websites hosted on their cloud server provided by service provider. If any disapproval of client hosted content is brought to service provider’s attention, the service provider will look into the matter from neutrally unbiased point of view. Any client sites violating “Prohibited Content” policy will be suspended and the client will be notified immediately.
CLIENT MUST FOLLOW THE CONTENT LIMITATIONS LAID OUT IN THIS SECTION. FAILURE TO DO SO WILL CAUSE IMMEDIATE SUSPENSION OF SERVICE.
- NO pornographic content of any sort or nature or genre.
- NO recruiting or content based sites for act of terrorism or any illegal activities defined as illegal by local law.
- NO sites or contents for the sole purpose to abuse certain group.
- NO illegal or pirated content through torrent or any other Peer-To-Peer (P2P). This includes but not limited to Movies, Music, Books, Software or any other intellectual properties.
- Service provider will NEVER sell client information to third-party for any purposes. Service provider may disclose client information for legal purpose only after approached by law enforcement with sufficient warrant to do so.
- Client information is only used by authorized personnel of the service provider to communicate and process payment.
Customer Intellectual Property
- Should the client decide to willfully terminate service with service provider, client can download or request access to their data uploaded on service provider's cloud.
- Service provider will only withhold access to client’s intellectual property if there are unpaid outstanding invoices or fees not paid by the client. Upon clearing all dues, service provider will grant access to client’s data or intellectual property.
- Service provider does not provide any free licenses for operating system or any other software to be used with cloud service, unless clearly specified so. All cloud service customers are responsible for purchasing their own licenses.
- Service provider will NOT take any responsibility if client uses any illegal or pirated licenses for their operating system or any software on the virtual servers provided by service provider.
- Service provider holds complete right to enquire license validity information from all customers of cloud service.
- IN NO EVENT SERVICE PROVIDER WILL BE LIABLE TO THE CLIENT OR ANY THIRD PARTY MAKING CLAIM BASED ON PROVIDED SERVICE FOR LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, ANY DIRECT OR INDIRECT DAMAGES TO CLIENT DATA OR PHYSICAL EQUIPMENT, LOSS OF REPUTATION. THIS LIMITATION APPLIES EVEN AFTER SERVICE PROVIDER IS NOTIFIED OR ADVISED OF ANY POSSIBILITY OF SUCH DAMAGE OR INCIDENT.
- SERVICE PROVIDER WILL ACCEPT NO LIABILITY FOR ANY DAMAGES DONE TO THIRD PARTY BY THE CLIENT USING CLOUD SERVICE PROVIDED BY SERVICE PROVIDER. THE NATURE OF DAMAGE INCLUDES BUT IS NOT LIMITED TO MONETARY, REPUTATION, DATA LOSS, LOSS OF LIFE.
- Customer is solely responsible for any password used in their servers or services to ensure security. Service provider will not be held responsible for damages or losses which occur due to stolen password by client’s negligence.
- Service provider does not keep any record of any server password used by client to access and protect their services. If client misplaces any password for virtual server, service provider will not provide support to reset the password. In such scenario, client will be solely responsible for password retrieval or reset virtual server to default. If client misplaces password to access Client Area (https://cloud.symmcom.com) of management console, client can reset their own password through “Request a Password Reset” link provided at the login page of the management console.
- Client is responsible to notify service provider should their login information be compromised.
Fees and Payments
- All cloud services provided by service provider are set for monthly billing period unless specific billing date is specified.
- Client agrees to pay all issued invoices, charges, fees related to the provided service. Client also holds the right to dispute any issued invoices, charges or fees. Service provider will thoroughly investigate all dispute and issue refund only if applicable. Client must contact service provider via email in written form for any dispute.
- Service provider may increase fees if, overall cost increases due to cost changes for utilities, vendor surcharges or client requirement for additional service. Service provider will provide full thirty (30) calendar days written notice to the client through email address in the client record prior to any changes.
- Service provider may charge additional fees to reactivate any suspended or terminated account due to non-payment.
- All fraudulent orders are subject to cancellation. Fraudulent orders are detected based on mismatch address, high risk IP address, black listed email addresses, past fraudulent activities and repeated autonomous order.
- The provider Symmcom holds total rights not to issue any refund for any fraudulent orders.
- If any orders are not detected as "fraud: at the time of order but detected later on, Symmcom as a provider holds the rights to seize all customer access to their content already stored on Symmcom Cloud.