General Terms & Conditions

Scope

The following General Terms and Conditions govern the contractual relationship between Btrack India Private Limited 737A, JMD Megapolis, Sec-48, Sohna Road Gurgaon, 122018 (hereinafter “Btrack India Private Limited”) and natural or legal persons who use the services provided by Btrack India Private Limited (hereinafter: “customer”). The version in force at the time the contract is concluded is authoritative. The contract language is English.

Services Provided by Btrack India Private Limited

• Btrack India operates high tech facilities that are connected to the internet. In these facilities, Btrack India offers the customer the following hosting and cloud services:
• Customized Managed Hosting: The customer will use individually configured servers provided by Btrack India.
• Server Hosting: The customer will use Btrack India’s dedicated or virtual servers or will place their servers with Btrack India Private Limited.
• Domains: The customer will use Domain Services from Btrack India Private Limited.
• Additional services on request.
• Btrack India Private Limited guarantees server availability of 99% averaged annually. Btrack India Private Limited also has a maintenance window for performing maintenance work. Maintenance is usually performed at night between 22:00 and 06:00 hours. This type of maintenance is excluded from the guaranteed availability. Also excluded are times in which the servers are unavailable due to problems lying beyond Btrack India control (network outages Issues belonging to Btrack India Private Limited, acts of third parties, etc.). Separate rules regarding availability can be arranged in individual agreements with the customer in Service Level Agreements (SLA).
• Btrack India Private Limited provides guarantee for the amount of bandwidth available as specified in the contract.
• Btrack India Private Limited is entitled to provide services through third parties.
• In providing Domain Services as defined in these General Terms and Conditions, Btrack India Private Limited acts simply as an agent between the customer and the office responsible for registering domain names. The domain names will be registered in the name of the customer.
• In providing domain-services; in the sense of these General Terms and Conditions, Btrack India Private Limited assumes no guarantee for assigning the domain name desired by the customer. This likewise applies to the constitution of the domain. Most specifically, Btrack India Private Limited assumes no guarantee that the desired domain will be unencumbered by the rights of third parties. The customer him/her-self must review for any possible conflict with third party rights before contracting Btrack India to register the domain.

Conclusion Contact

• The contract comes into being through Btrack India providing services to the customer. Btrack India Private Limited has the right to refuse customer orders without providing an explanation.
• Notwithstanding # 4 (1) of these General Terms and Conditions, the contract comes into being in the case of a contract for hosting and/or Co-location through Btrack India’s sending the passwords and unlocking the server.

Cancellation Services

If you want to cancel our services. You must give “30 days of notice” in writing or electronically. The notice period is the same for all the clients. The bill may include a disconnect notice. The notice requirements are:

• Specific reason for left service/If no specific conditions have been agreed, a notice period of 30 days shall be observed.
• Copy of last payment Invoice/date and amount
• A legal mail/hard copy with authorized signatory
• If customer wants to terminate the services with us then he has to inform us & send email before 30 days for the same.

Client will receive confirmation mail within 10 days after receiving the termination mail.

Service Policy & Agreement

“These (TOS)” Terms of services” are intended to provide our customers with clear understanding of what is allowed while using any services by BTRACK cloud. Use of any services by server & cloud constitutes to agreement and obligation to comply with all policies in this TOS or must otherwise and cancel their services with server & cloud”

Service Level Agreement applies to all dedicated Servers. The client agrees that our internal measurements establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists.

• Bandwidth usage
• 99.9% Up time Guarantee

MUTUAL NON-DISCLOSURE AGREEMENT

This Agreement is made between Btrack India Private Limited, having its office at 737-A, JMD Megapolis, Sohna Road, Gurgaon - 122018 Haryana India. The Agreement involves the material exchange of confidential information and shall be effective from the date of signing as mentioned below.

RECITAL

Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose information including, without limitation, computer programs, code, algorithms, know-how, formulas, processes, ideas, inventions (whether patentable or not), and other technical, business, financial and product development plans, forecasts, strategies and information, which to the extent previously, presently, or subsequently disclosed to the Receiving Party, is hereinafter referred to as "Proprietary Information" of the Disclosing party. The Proprietary Information disclosed can be in various forms, including but not limited to, verbal and written communication, electronic and printed documents, software, product demos, manuals and instructional material.

In consideration of the parties' discussions and access the Receiving Party may have to Proprietary Information of the Disclosing Party, the Parties hereby agree as follows:

1. The Receiving Party agrees (i) to hold the Disclosing Party's Proprietary Information in confidence and to take all necessary precautions to protect such Proprietary Information including, without limitation, all precautions the Receiving Party employs with respect to its own confidential materials, (ii) not to divulge any such Proprietary Information or any information derived there from to any third person, (iii) not to make any use of such Proprietary Information, except to develop a project on the internet, and (iv) not to copy or reverse engineer, or attempt to derive the composition or underlying information of any such Proprietary Information.

2. The Receiving Party further agrees to limit the use of and access to the Disclosing Party's Proprietary Information to the Receiving Party's employees who need to know such Proprietary Information for said purposes and shall cause such employees to comply with the obligations set forth herein

3. The Disclosing Party agrees that the foregoing obligations shall not apply with respect to information that (i) was in the possession of the Receiving Party or known by it prior to receipt from the Disclosing Party, or (ii) was rightfully disclosed to the Receiving Party by another person without restriction, or (iii) was independently developed by the Receiving Party without access to such Proprietary Information, or (iv) is required to be disclosed pursuant to any statutory or regulatory authority or court order, provided the Receiving Party has given the Disclosing Party prompt notice of such requirement and the opportunity to contest it.

4. Immediately upon a request by the Disclosing Party at any time, the Receiving Party will turn over to the Disclosing Party all Proprietary Information of the Disclosing Party and all documents or media containing any such Proprietary Information and all copies or extracts thereof and will promptly and permanently delete any Proprietary Information which is electronically or optically recorded or stored.

5. The Receiving Party acknowledges and agrees that due to the unique nature of the Disclosing Party's Proprietary Information, there can be no adequate remedy at law for any breach of its obligation hereunder, that any such breach may allow the Receiving Party or third parties to unfairly compete with the Disclosing Party resulting in irreparable harm to the Disclosing Party, and therefore, that upon any such breach or any threat thereof, the Disclosing Party shall be entitled to seek appropriate equitable relief in addition to whatever remedies it might have at law. The Receiving Party will notify the Disclosing Party in writing immediately upon the occurrence of any such unauthorized release or other breach. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions here of shall remain in full force and effect.

6. Neither party acquires any intellectual property rights under this Agreement or any disclosure hereunder, except the limited right to use such Proprietary Information in accordance with this Agreement.

7. NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.

8. This Agreement supersedes all prior discussions and writings and constitutes the entire agreement between the parties with respect to the subject matter hereof. No waiver or modification of this Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of such party, and no failure or delay in enforcing any right will be deemed a waiver. The obligations of non-use and non-disclosure shall survive for a period of 1 year from the date of disclosure of the Proprietary Information. This Agreement shall be governed by the laws of Indian Government and may be enforced in any court in India.