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  • Customers Data Security:
  • The Customers who are hosted with/ has taken ECS from NxtGen is wholly responsible to protect his / her data on the Servers/VMS
  • The Customers shall implement Password Protection for login and shall not share the same with any of NxtGen’s Employees
  • In the event of a remote support requirement where the customer is unable to access the server the customer could share the password to resolve the reachability issue post which it is wholly the customer’s responsibility to change the password to secure the access of the server.
  • NxtGen shall not be responsible for VMs being compromised over the Internet.
  • Connectivity terminated in NxtGen DC:
  • Customers who has taken connectivity from any of the Service Providers either directly or through NxtGen as a part of the service, will have to ensure that the same is being used only for the execution of the prescribed services from NxtGen and in strict adherence with the prevailing rules and regulations of the concerned authorities/Government Agencies.
  • ED is Inclusive. VAT, Service Tax, local levies, Octroi /LBT are extra as applicable with the prevailing rates at the time of dispatch.
  • I & C Charges would attract Services Tax as applicable.
  • Monitoring services are included for 1st year in the proposal, 2nd year onwards will be 25,000.
Payment Terms : 100% along with PO
Freight & Insurance : Charges to be paid extra by the Customer
Delivery : 4 to 6 weeks from the receipt of acceptance of PO.
Warranty :
Subject to the terms of payment being punctually complied with and the equipment being operated properly, the equipment covered under warranty by us against faulty materials and workmanship for 12 Months from the date of Commissioning or 15 months from the date of supply, whichever is earlier. This warrantee is null and void if repairs and / or modifications are carried out without our approval in writing and also does not extend to or cover the following:
  • ED is Inclusive. VAT, Service Tax, local levies, Octroi /LBT are extra as applicable with the prevailing rates at the time of dispatch.
  • I & C Charges would attract Services Tax as applicable.
  • Monitoring services are included for 1st year in the proposal, 2nd year onwards will be 25,000.
Validity : This offer is valid for 30 days from the date of this offer.
Order : The order is to be placed on NxtGen Datacenter & Cloud Technologies Pvt. Ltd.
Payment Terms : All Recurring Service Charges are to be paid monthly in advance (within 10 days of submission of bills). First month advance should be released along with purchase order. One time charges are also payable along with the purchase order.
Annual Increment : Rates will be subject to an annual increment as mutually agreed
Billing : Billing will start within 24 hours of service provisioning.
Validity : This offer is valid for 30 days from the date of this offer.
  • SERVICES : NxtGen Datacenter & Cloud Technologies Private Limited ("NxtGen" or "Service Provider") will offer Enterprise Cloud Services ("Services") to an individual or Entity ("Customer") as agreed upon configuration
  • PRICING : Pricing shall be subject to T&C in the offer from NxtGen. NxtGen shall reserve the right to revise the prices with a 1 month notice to the customer. The T&C mentioned here is valid for the period the customer is availing the Services ("Term").
  • PAYMENTS, REFUNDS AND CANCELLATIONS :
  • Amount: The fees applicable for the Services ("Fees") are available on the Site and/or in NxtGen's then-current and applicable published price list.
  • Fees. Customer will pay, and authorizes NxtGen to charge using Customer's selected payment method, for all applicable fees. Fees are non-refundable. Customer is responsible for providing complete and accurate billing and contact information to NxtGen. Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.
  • Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account. If you don't agree to these changes, you must cancel and stop using the Service. If you fail to cancel in accordance with these Terms, we will automatically renew the Service at the then-current price and for the same subscription period and will charge your credit card on file with us commencing on the first day of the renewal of the subscription period.
  • Payment Details:
    • All Fees will be billed to the credit card/Debit Card/Net Banking you designate during the payment process. If NxtGen is unable to successfully charge your credit card for fees due, NxtGen reserves the right to revoke or restrict access to your stored Content and the Services, delete your stored Content, or terminate your account. You must be authorised to use the credit card that you enter when you create a billing account. You authorise us to charge you for the Services using your credit card and for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you've approved, and we'll notify you in advance of the difference for recurring subscription Services. We may bill you simultaneously for more than one of your prior billing periods. You must keep all information in your billing account current. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you can access and modify your billing account information on the Site. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel the Services.
    • All Services shall be paid for in accordance with the applicable purchase order (PO) and the Scope of Work (SOW). The fees are exclusive of all applicable taxes. Subject to with-holding taxes, the payments and fees cannot be with-held for any reason, whatsoever.
    • The commercial terms are computed based on Services captured in the applicable SOW, any further capacity or services required by the Customer shall be billable at an additional cost, which shall be mutually consented by the Parties.
    • The payment shall be made within 21 days from the date the Company raises and invoice. In case of any delayed payment beyond the above mentioned date the Company shall charge interest @ 2% per month (i.e., interest @ 24% per annum) for the period of time when the payment is due till the actual date when the payment is received.
    • The customer shall be responsible for highlighting any billing discrepancies and get the same rectified within 10 days from the date of the invoice.
    • Unless notified otherwise by the Customer in writing, all invoices are to be mailed to the Customer at the address listed on the purchase order (PO) and/ or the signature page of the Agreement, attention the Accounts Payable Department.
    • NxtGen shall not be liable to honour/ meet the SLA commitments to the Customer, in case the Customer fails to make the payments for a period exceeding 40 days from the due date (i.e., the date of the invoice).
    • NxtGen further, reserves the right to suspend the services immediately without any notice, in case the Customer has fails to make the payments for a period exceeding 60 days from the due date (i.e., the date of the invoice).
  • Refunds: Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable
  • GOODS & SERVICES TAX (GST): 
    • Except where otherwise stated any amount payable under this Agreement is exclusive of GST. For any supply made under this Agreement which is subject to GST, Customer agrees to pay the amount for the supply plus the GST payable (“GST Amount?).
    • The GST Amount will only be paid after NxtGen has provided the Customer a valid tax invoice (which mentions among other requirements of GST Laws, the GST Number and ‘Place of Supply’) and the invoice details have been reported to the tax authority, as required by law.
    • For any adjustment on account of deficiency of services / goods or price revision, appropriate debit notes/ credit notes (disclosing the details as prescribed under the applicable GST law) will be issued, for the such adjustment.
    • NxtGen agrees to indemnify the Customer against any loss or damages that the Customer may suffer due to a non-compliance or breach of applicable GST and related laws by NxtGen.
    • Further, in case of any non-compliance of applicable law by the Customer and because of which a demand is made on the NxtGen by the tax authorities, the Customer shall be immediately liable to pay the applicable taxes / amounts (including interest, penalty and associated litigation cost) if any upon notification by NxtGen.
    • Either party acknowledges and agrees that the other party shall be (without prejudice to its rights under law) free to terminate this Order/ Agreement at will, without any liability, if the party breaches the GST and related laws after the Appointed Date (mandated by GST Council) or fails to maintain a good compliance rating under the GST Laws or fails to comply with provisions stated herein above.
  • NxtGen shall provide a reliable and highly-efficient infrastructure in relation to the Services rendered under this AGREEMENT with an uptime of 99.982%. Not applicable for evaluation version.
  • However, the following outages shall be deemed to be excused outages for the purpose of calculating service uptime of the hosted cloud environment:
  • Anything which is not due solely to the fault or negligence of NxtGen or its employee(s); or
  • Anything caused by a Force Majeure Event; or
  • For the purpose of aforesaid clause Force Majeure Event shall mean any event outside the NxtGen reasonable control, including without limitation, acts of God, earthquake, labour disputes, riots, wars, fire, epidemics, or any other events of similar nature
  • Any obstruction to NxtGen by the customer, which prevents or delay the performance of NxtGen’s obligations including necessary maintenance or emergency work in time; or
  • Any outages caused due to virus attacks, security issues and Internet service provider related.
  • The customer shall ensure that infrastructure provided by NxtGen is only used in relation to the Services provided by NxtGen and in strict adherence with all the applicable laws in India. NxtGen will not be responsible in any manner for any default in co mpliance with the applicable laws in India or any unauthorised or illegal activity by the customer in relation to Services.
  • The customers will not use or publish any advertising or promotional material without prior written approval when using NxtGen’s name or any of its trademarks.
  • The customer shall indemnify and keep indemnified NxtGen its officers, employees and its representatives from and against all claims, demands, actions, proceedings, losses, damages costs charges and expenses and all other liabilities of whatsoever nature made, brought against, suffered or incurred by the NxtGen, either prior or future, by virtue or as a result of the non-performance or non-observance or noncompliance of any of the terms and conditions of this AGREEMENT or any applicable laws in India by the customer in relation to Services.
  • Notwithstanding anything contained herein, NxtGen’s liability for any such breach of obligations or any T&C in this AGREEMENT shall in no circumstances exceed the payment for the Services with respect to which the claim is made.
  • If NxtGen fails to maintain the guaranteed uptime of the Services in any time of the whole month due to the act or omission of NxtGen, then customer shall be entitled to receive a service extension at the end of the Term as set below only should the customer log a service outage ticket and registers a claim.

Version Updated on : 12th April 18

NxtGen Infrastructure Service Level Agreement

Service Level Agreement ("SLA") is a policy governing the use of NxtGen's IT Infrastructure Services and IT Continuity Services (listed below). This SLA applies separately to each account using NxtGen's IT Infrastructure Services and IT Continuity Services.

Products & Services subjugated to SLA Adherence

IT Infrastructure Services (subscription based

  • Cloud IAAS on NG3 or VMware platform

    • Compute
    • Connectivity (Internet / Cross-connects)
    • Firewall
    • Load Balancer
    • Switches
    • WAF
    • OS/DB Licences
  • Datacenter Services (Hosting Space, Power, Cooling, Cross-connects)

IT Continuity Services

  • Backup & Restoration as a service
  • Disaster recovery as a service
  • Data Protection as a service
  • Infinite Vault

Service Commitment

NxtGen will use commercially reasonable efforts to make the listed Services each available with a Quarterly Uptime Percentage (defined below) of at least 99.5%, in each case during any quarterly cycle (the "Service Commitment"). In the event any of the Services do not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definations

  • "Quarterly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the quarter in which any of the listed Services, as applicable, was unavailable. Quarterly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion (defined below).
  • "Unavailable" means

    • Compute stack(NG3 or VMware) on which you are running virtual instances or subscription to IT Continuity Services, as applicable, is "Unavailable" to you, with no external connectivity.
    • Storage, when your disks perform zero read write IO with pending IO in the queue.
    • In Colocation when Power, Cooling or Cross-connects are interrupted
  • A "Service Credit" is additional service days, calculated as set forth below, that we may add to your subscription.

Service Commitments and Service Credits

Service Credits are calculated as a extension of additional service days for any of the Included Products and Services (whichever was Unavailable, or all if all were Unavailable) affected for the quarterly cycle in which the service unavailability occurred in accordance with the schedule below.

Quarterly Uptime % = Maximum Available Minutes - Downtime / Maximum Available Minutes

Services Availability Service Credit
99.50%-99.00% Service extension for 1 day
99.0%-98.0% Service extension for 2 days
<98% Service extension for 7 days

We will apply any Service Credits only at the end of the tenure for the Included Products and Servicesas subcribed in the PO. Service Credits will not entitle you to any monetary compensation from NxtGen Datacenter & Cloud Technologies Pvt Ltd. Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Included Products and Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Service Credit Corroboration Procedures

To apply a Service Credit, we may request you to provide the logs / screenshots in time that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of the Included Products and Services, or any other performance issues affecting the Included Products and Services: (i) that result from a suspension due to non-payment beyond due date after having provided notice for suspension; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of the Included Products and Services (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to our data centers, including at your site or between your site and our data center); (iii) that result from any actions or inactions of you or any third party, including failure to prescribe for recommended services, issues resulting from subscription of inadequate resources /bandwidth or for licenses reserved, but not paid for, at the time of the Incident; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) arising from our suspension and termination of your right to use the Included Products and Services in accordance with the Agreement;(vi) That result from your unauthorized action or lack of action when required, or from your employees, agents, contractors, or vendors, or anyone gaining access to our network by means of your passwords or equipment, or otherwise resulting from your failure to follow appropriate security practices;(vii) That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance;(viii) That result from faulty input, instructions, or arguments (for example, requests to access files that do not exist);(ix)That result from your attempts to perform operations that exceed prescribed quotas or that resulted from our throttling of suspected abusive behavior

If availability is impacted by factors other than the above mentioned, then we may issue a Service Credit considering such factors at our sole discretion.

Products with SLA Adherence in conjunction with OEM Support

All physical devices & Software licenses procured on Capex will be subject to SLA as per the support subscribed with the OEMs. NxtGen will be responsible to interface between Customer & OEM to ensure adherence & service levels.

Products & Services (On-Premises)

All physical devices, Hypervisor / any software licenses provided by NxtGen On-premise will be subject to the SLA adherence as mentioned above. The Datacenter Infrastructure, Network & uplink Network devices will be responsibility of the customer.

Severity Grading & Escalation Procedure Definition:

Issues reported are categorized as follows:

Issue Priority

Description

Response time

Resolution Time

P1 (High)

An incident that results in complete unavailability of services impacting business operations.

30 mins

95 mins

P2 (Medium)

An incident that results in users being impacted due to performance degradation and not being able to perform critical business functions.

60 mins

2 hours

P3 (Low)

This category is reserved for Managed Services customers for addressing OS and DB related managed services

30 mins

24 hours


Service requests are categorised as follows:

Request Priority

Description

Response time

P1 (High)

Change Requests

1 business day

P2 (Medium)

Information / Reports.

2 business days


Report Issue Process:

To report a Service related issue, log on to NxtGen Service Now Portal or Email - support@nxtgen.com

To speak to our Service Desk contact @ 080-30986111 / +91 9686303314

Within 30 mins of reporting the incident, service desk responds with acknowledgement and assigns task to relevant Shift Engineer.

First Escalation

1 hour after the issue is reported contact –

Mr. Nagajaneyulu Gadela (Level 1 – Support Desk Head)

Email – ngadela@nxtgen.com

Phone- +91-9008899699

Second Escalation

2 hours after the issue is reported contact –

Mr. Prakasha S (Level 2 – Priority Support Desk Head)

Email – prakasha@nxtgen.com

Phone- +91-9886294345

Final Escalation

After 3 hours contact

Ms. Jollydeep Kaur (Chief Customer Officer)

Email jollydeep@nxtgen.com

Phone - +91 9820392355


Raise a Request Process:

To raise a request for any service change or information request, log on to NxtGen Service Now Portal or Email - support@nxtgen.com

To speak to our Service Desk contact @ 080-30986111 / +91 9686303314

Within 30 mins of raising the request ticket, service desk responds with acknowledgement and assigns task to relevant Shift Engineer. The engineer will respond on the time that will be required to accomplish the task assigned. For any business impact or urgency for fulfilment of the request you may use the escalation matrix as provided above.

  • This TERMS AND CONDITIONS is valid for the period the customer is availing the Services mentioned in the purchase order from the customer.
  • This will come into effect upon the customer accessing the services with the credentials shared and valid till customer is availing the services.
  • Termination process:
  • The Services can be terminated by either party providing to the other party 1 month prior notice.
  • NxtGen reserves the right to terminate the Services at any time in case there is default in payment for the Services availed.
  • Notwithstanding anything contained herein above, NxtGen shall have the right to terminate the Services if it is observed that the customer is acting in a manner prejudicial to the interest of NxtGen and NxtGen's customer, NxtGen shall not be liable for any consequences that may flow from such termination.
  • In case there is any dispute in relation to Services, NxtGen shall at its sole discretion terminate this Services without any consequences thereof to NxtGen.
  • SURVIVAL: The provisions relating to Governing Law and Jurisdictions and Indemnity shall survive the termination of this AGREEMENT.
  • GOVERNING LAW AND JURISDICTION: The construction, validity and performance of this AGREEMENT are governed by laws in India and the parties agree that the courts or forum in the city of Bengaluru alone shall have jurisdiction to entertain any application or other proceeding in respect of anything dispute arising under or in connection with this AGREEMENT.
  • Services "AS IS" and Disclaimer
  • We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, NXTGEN AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • NxtGen Privacy Policy
  • NxtGen does not collect and use your information for commercial purposes. However we collect and use the following information to provide, improve and protect our Services:
  • Account. We collect, and associate with your account, information like your name, email address, phone number, payment info, and physical address.
  • Law & Order. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of NxtGen or our users; or (d) protect NxtGen's property rights.
  • Retention. We'll retain information you store on our Services for as long as we need it to provide you the Services. If you delete your account, we'll also delete this information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
  • Changes. If we are involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We may revise this Privacy Policy from time to time, and will post the most current version on our website
  • Intellectual Property Rights.
  • Except as expressly set forth herein, this Agreement does not grant (i) NxtGen any Intellectual Property Rights in Customer Data or (ii) Customer any Intellectual Property Rights in the Services or NxtGen trademarks and brand features. "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, moral rights, and other similar rights.
  • Customer grants NxtGen only the limited rights that are reasonably necessary for NxtGen to offer the Services (e.g., hosting Stored Data). This permission also extends to trusted third parties NxtGen works with to offer the Services (e.g., payment provider used to process payment of fees).
  • NxtGen including without limitation, either trademarks, service marks or registered trademarks of NxtGen Datacenter & Cloud Technologies Private Limited, and may not be copied, imitated, or used, in whole or in part, without NxtGen's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
  • NxtGen may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Services. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Services does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
  • LIMITATION OF LIABILITY
  • THE TOTAL LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN TORT OR CONTRACT (INCLUDING FOR BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), WILL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BUT WILL NOT EXCEED THE FEES PAID, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF RECOVERY, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • Modifications
  • We may revise these Terms from time to time, and will always post the most current version on our website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
  • Entire Agreement
  • These Terms constitute the entire agreement between you and NxtGen with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
  • Contact
  • Have questions or concerns about NxtGen and, our Services and privacy? Contact us at compliance@nxtgen.com.