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TERMS AND CONDITIONS

www.cloudzenia.com (“Website”), is owned and operated by CloudZenia (“CloudZenia,” “we,” or “us”). By accessing or using the www.cloudzenia.com Website and its Services (“Services”), provided by CloudZenia, you (“you”, “Client” or “person”) agree to adhere to the terms outlined in these Terms and Conditions (“Terms” or “Agreement”). These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity and CloudZenia, concerning your access to and use of the www.cloudzenia.com Website, its Services, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”). You agree that by accessing the Website, you have read, understood, and agreed to be bound by all of these Terms and Conditions. 

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND ITS SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

In the event any Client breaches or CloudZenia has reasons to believe that such a Client has breached these Terms, or has illegally or improperly used its Services, Clouzenia may, at its sole and absolute discretion, and without any notice to the Client, restrict, suspend, or terminate such Client’s access to all or any part of the Website and its Services.

Additionally, the information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

To enter this Agreement you must be an adult of legal age in your jurisdiction, this Website is intended for ages 18 or above or the age of majority in your country. Clients in this age group have full access to our Website and its Services. CloudZenia prohibits Clients under the age of majority or legal age from using or purchasing the Services of this Website without involvement from a parent or a legal guardian. 

By using the Website, you affirm that you have the legal capacity to enter into a contract and acknowledge this Agreement and our Privacy Policy. We may collect and use personal information for service provision and optimization, employing robust security measures. We do not intentionally collect or maintain personal information from individuals who are under the legal age of majority.  Thus, if we obtain factual knowledge that a Client is under the legal age of majority, we will take steps to remove that Client’s personal information permanently from our databases and internet servers.

COLLECTION OF INFORMATION

We collect information, only voluntarily submitted by our Clients to the Website in order to assist us in responding to various requests from the respective Clients. We are dedicated to protecting the privacy of all Clients of our Website, except as disclosed below. We do not sell, barter, give away, rent, or permit a third party to use your personal information.

DATA RETENTION

CloudZenia retains Client data adhering to specific retention periods determined by data type and collection purpose. Client account information, encompassing profiles, preferences, and credentials, remains active for the duration of the Client account, with post-termination retention for legal compliance and dispute resolution. Usage data, including Website analytics, is retained for performance analysis, with aggregated and anonymized data potentially stored for extended periods. Marketing and communication data, tied to Client consent for receiving communications, is retained accordingly, and the Client can manage preferences through account settings. To meet legal and regulatory requirements, certain data may be kept longer, ensuring alignment with applicable laws and regulations. The Client can request data deletion by contacting Cloudenia via mail at [email protected], and such requests will be promptly processed, considering legal and contractual obligations. Our commitment to data security involves the implementation of appropriate technical and organizational measures, safeguarding Client data from unauthorized access, disclosure, alteration, and destruction from any emerging cyber-attacks, threats or viruses. More information about our data retention methods and practices is detailed in our Privacy Policy.

CONFIDENTIALITY

Any information shared with CloudZenia, including but not limited to company practices, business strategies, technical data, or proprietary information, will be treated with the utmost confidentiality. CloudZenia will not disclose, reproduce, or use such information for any purpose other than the provision of Services without explicit consent.

CONFIDENTIALITY OF CLIENT DATA

At CloudZenia, we take the confidentiality and security of your Client data seriously. This clause outlines our commitment to protecting your information:

  • COLLECTION AND USE OF CLIENT DATA
    When you use our Services, we may collect certain Client data to provide and improve our offerings. This data may include but is not limited to personal information, usage patterns, and preferences. CloudZenia will only use this information for, including but not limited to, providing Services, communication with the Client, analysing and improving the Client’s experience and complying with legal obligations.

  • PROTECTION OF CLIENT DATA
    CloudZenia employs industry-standard security measures to safeguard your Client data from unauthorized access, disclosure, alteration, and destruction. We use encryption, access controls, and other security protocols to protect your information.

  • PURPOSE LIMITATION
    We collect and process Client data solely for the purpose of delivering our Services and improving Client experience. We do not use your data for any other purposes, including but not limited to our Services, Website analysis, Client experience and cookies, not without obtaining your explicit consent.

  • DATA RETENTION
    We retain your data only for as long as necessary to enforce this Agreement and to fulfil the purposes for which it was collected unless a longer retention period to prevent fraud, resolve a claim, or comply with any other acts permitted by law.

  • LEGAL COMPLIANCE
    CloudZenia may disclose a Client’s data if required to do so by law or in the good-faith belief that such action is necessary to comply with legal obligations, protect and defend our rights, or protect the security and integrity of our Services.

CLIENT RESPONSIBILITIES

By using CloudZenia’s Services, you acknowledge and agree to adhere to the following responsibilities:

  • LAWFUL AND ETHICAL USE
    You are obligated to use CloudZenia’s Services for the purposes, including but not limited to, of receiving and practising the Services, for lawful and ethical purposes. This includes compliance with all applicable laws, regulations, and ethical standards governing the use of IT Services globally.

  • RESPECT FOR OTHERS’ RIGHTS
    Your usage of CloudZenia’s Services should not infringe upon the rights of others. This encompasses respecting intellectual property rights, avoiding defamation, and refraining from engaging in any activities that could violate the privacy or confidentiality of any individual or organization.

  • NON-INHIBITION OF SERVICE USAGE
    It is imperative that your actions do not inhibit or disrupt the use of CloudZenia’s Services by others. This includes but is not limited to, refraining from engaging in activities that could cause harm, interfere with the functionality of the Services, or adversely impact the experience of other Clients.

  • COMPLIANCE WITH SERVICE POLICIES
    You are required to comply with all policies and guidelines set forth by CloudZenia in connection with the use of its Services. This includes but is not limited to, acceptable use policies, security protocols, and any other guidelines provided by CloudZenia to ensure the proper functioning and security of the Services.

  • RESPONSIBLE DATA HANDLING
    If your usage of CloudZenia’s Services involves handling data, you must do so responsibly and in accordance with applicable data protection laws. This includes but is not limited to, protecting sensitive information, obtaining necessary consent, and ensuring the confidentiality and integrity of data.

  • NON-ABUSE OF RESOURCES
    You shall not engage in activities that abuse or excessively strain CloudZenia’s resources. This includes actions including, but not limited to, network abuse, excessive data storage, or any activity that could compromise the stability and performance of the Services.

  • REPORTING VIOLATIONS
    If you become aware of any violations of these Client responsibilities or suspect any unauthorized use of CloudZenia’s Services, you are encouraged to report such incidents promptly to CloudZenia’s support team.

INTELLECTUAL PROPERTY RIGHTS

All title, ownership rights and intellectual property rights in and to the Services (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Services, individually or in combination) and any and all copies thereof are owned by CloudZenia. The Services are protected by national and international laws, copyright treaties and conventions and other laws.

  • The Client acknowledges and agrees that the overall design, layout, and graphical elements of the Website and its Services, including, but not limited to, underlying website code, are proprietary and protected by intellectual property laws.

  • The Client is responsible for the accuracy and legality of any content they upload or share on the platform, including any modifications to the website code. CloudZenia reserves the right to remove any content that violates its policies or adversely affects the website code integrity.

  • CloudZenia strives to provide a reliable and secure service, including the functionality of its Website code. However, the Client understands that occasional disruptions or maintenance may occur, and CloudZenia is not liable for any resulting inconvenience or impact on the Website code, design, functionality or any other element.

  • The Client agrees not to engage in any unauthorized modifications or alterations to the Website code. Any such unauthorized changes will be held in violation of this Agreement and may lead to the termination of Services and legal action by CloudZenia.

ASSET LICENSING

  • All assets provided by CloudZenia, including but not limited to software, intellectual property, and documentation, are licensed for use as part of the Services outlined in this Agreement.

  • You agree not to reproduce, modify, distribute, or create derivative works based on the licensed assets without explicit written consent from CloudZenia. Any unauthorized use is strictly prohibited and will be held in violation of this Agreement and may lead to the termination of Services and legal action by CloudZenia.

LICENSE MODIFICATION

  • CloudZenia reserves the right to modify the terms of the license with prior notice. Such modifications will be communicated through written updates or amendments to the Service agreement.

  • In the event of a license modification, CloudZenia will provide reasonable notice to the client. Continued use of the Services after the effective date of the modified license constitutes acceptance of the updated Terms. It is the Client’s sole responsibility to read up on the modifications, CloudZenia is not responsible for any non-compliance or issues occurring due to the Client’s negligence over the Agreement changes.

THIRD-PARTY SITES, SERVICES, AND CONTENT

  • CloudZenia may provide links to third-party websites for your convenience or as part of our Services. These links are not an endorsement of the content, products, or services offered on these sites. We do not have control over the content or practices of third-party websites and are not responsible for any damages or losses incurred through interactions with these external sites.

  • CloudZenia may integrate with third-party services to enhance your Client experience. These Services may include but are not limited to, payment gateways, authentication providers, and data storage solutions. While we strive to ensure the compatibility and security of these integrations, we are not liable for any issues arising from the use of third-party services. These third-party websites and services are regulated via their own terms and policies and the Client is encouraged to review the terms and privacy policies of these services independently before using them.

  • CloudZenia may display advertisements from third-party advertisers. These advertisements are provided for informational or promotional purposes only and do not imply an endorsement or recommendation by CloudZenia. The Client should be aware that interacting with third-party advertisements is at their own discretion, and any transactions or engagements are solely between the Client and the advertiser.

  • Certain content on CloudZenia may include embedded media, such as videos, images, or articles, sourced from third-party platforms. We strive to ensure the accuracy and appropriateness of such content, but we do not control the content on these external platforms. The Client is encouraged to report any concerns related to third-party content, and we will investigate and take appropriate action as necessary.

  • CloudZenia is not responsible for any damages, losses, or disputes arising from your interaction with third-party sites, services, or content. The Client’s use of such external elements is at their own risk. It is recommended to exercise caution and review the terms and conditions of third-party entities independently.

  • CloudZenia reserves the right to modify, update, or remove links to third-party sites, services, or content at any time without prior notice. The Client is encouraged to review these terms regularly to stay informed about any changes.

INTELLECTUAL PROPERTY

All intellectual property rights related to CloudZenia’s Website and Services, including but not limited to software, designs, and methodologies, are the exclusive property of CloudZenia unless otherwise specified. The license granted does not convey any ownership rights or transfer of intellectual property.

SERVICE AGREEMENT AND PAYMENT TERMS

When engaging with CloudZenia’s Services, clients will be required to enter into individual service agreements. These agreements will outline the scope of Services, deliverables, timelines, and any other relevant terms specific to the engagement.

Payment terms are an integral part of our service agreements and invoices. The following outlines the general payment terms:

  • INVOICING: Invoices shall be issued according to the payment schedule specified in the service agreement. The Client is responsible for promptly reviewing and confirming the accuracy of the invoices.

  • TAXES & ADDITIONAL CHARGES: The Client is responsible for any applicable taxes associated with the Services provided by CloudZenia.

  • PAYMENT METHODS: CloudZenia accepts payments through various methods, as specified in the invoice. Common methods include bank transfers, credit cards, or other agreed-upon electronic payment methods.

  • CURRENCY: Invoices are typically issued in the currency agreed upon in the service agreement. The Client is responsible for any currency conversion fees or charges associated with payments made in a different currency.

  • DUE DATE: Payment due dates will be clearly indicated on each invoice. The Client is expected to make payments on or before the specified due date to avoid any potential disruptions to Services.

CHANGES TO SERVICE SCOPE, PROCESS, AND RETENTION

  • SCOPE OF SERVICES
    The agreed-upon scope of Services is outlined in the service agreement. Any modifications or additions to this scope must be formally requested and agreed upon in writing through service amendments.

  • AGREEMENT AMENDMENTS
    Changes to the scope of Services, project timelines, or other relevant terms necessitate written agreement through formal amendments to the service agreement. Both parties, CloudZenia and the Client, must approve these changes in writing to ensure clarity and transparency.

  • RIGHT TO ADJUST PRICING
    CloudZenia reserves the right to adjust pricing based on changes to the initially agreed-upon scope of work. This includes modifications, additions, or extensions to the Services outlined in the original agreement.

PROCESS OF SERVICE AMENDMENTS

  • FORMAL REQUEST
    If the Client wishes to alter the scope of the Services, they shall submit a formal written request to CloudZenia. This request should detail the proposed changes and the reasons for the modification.

  • REVIEW AND APPROVAL
    CloudZenia shall review the proposed changes and assess their feasibility and impact on the project. Both parties will engage in discussions to reach a mutual understanding. Once an agreement is reached, formal written approval is required.

  • DOCUMENTATION
    All approved changes are documented through the service amendments. These documents shall clearly outline the updated scope, timelines, and any other pertinent details. Both parties retain a copy for their records.

SERVICE RETENTION

  • CLIENT RESPONSIBILITIES
    Clients are responsible for providing accurate and comprehensive information regarding their requirements during the initial scoping phase. This information forms the basis for the service delivery and ensures alignment with client expectations.

  • RETENTION OF SERVICE RECORDS
    CloudZenia shall retain Service records, including the initial agreement, service amendments, and any relevant communication, to ensure a comprehensive record of the project’s evolution. Clients are encouraged to maintain their copies for reference.

  • POST-SERVICE SUPPORT
    In the event of service completion, CloudZenia offers post-service support as outlined in the service agreement. This support includes addressing issues arising from the delivered services within the defined support period.

LIABILITY AND DAMAGES TERMS

  • LIMITATION OF LIABILITY
    CloudZenia, its affiliates, officers, employees, and agents shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our Services. This includes, but is not limited to, damages for loss of profits, data, business interruption, or any other commercial damages or losses.

  • SERVICE PERFORMANCE
    Clients understand and acknowledge that the performance and capabilities of CloudZenia’s Services may be influenced by factors beyond our control, such as internet connectivity, hardware specifications, and third-party services. CloudZenia is not liable for any limitations in service performance caused by these external factors.

  • THIRD-PARTY SERVICES
    CloudZenia may integrate third-party services to enhance our service offerings. Clients agree that CloudZenia is not responsible for any damages resulting from the use of third-party services, and Clients are encouraged to review and accept the terms and conditions of these integrations.

  • SERVICE CHANGES
    CloudZenia reserves the right to modify, suspend, or discontinue any aspect of its Services at any time without prior notice. Clients acknowledge that CloudZenia shall not be liable for any damages arising from such changes, including but not limited to the suspension or termination of Services.

  • DATA PROTECTION
    While CloudZenia implements robust security measures to protect Client data, Clients acknowledge that CloudZenia is not liable for any loss, corruption, or unauthorized access to data. Clients are responsible for regularly backing up their data to mitigate potential risks.

  • INDIRECT DAMAGES
    CloudZenia shall not be held liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of its Services, including but not limited to loss of revenue, loss of profits, or loss of data.

  • LEGAL COMPLIANCE
    Clients are responsible for compliance with local laws and regulations relevant to the use of CloudZenia’s Services. CloudZenia shall not be held liable for any legal consequences arising from Client activities.

  • SERVICE-SPECIFIC LIMITATIONS
    Each Service provided by CloudZenia may have specific limitations and conditions. Clients should refer to the Service-specific documentation/agreement for detailed information on each offering.

  • UPDATES TO LIABILITY AND DAMAGES TERMS
    CloudZenia reserves the right to update this section to reflect changes in technology, legal requirements, or Services. Any updates will be added to this Agreement and posted on this page, and Clients are encouraged to review this section periodically.

INDEMNITY CLAUSE

By using CloudZenia’s services, you agree to indemnify, defend, and hold harmless CloudZenia, its affiliates, officers, directors, employees, agents, and third parties from and against any claims, losses, damages, liabilities, costs, and expenses, including but not limited to reasonable attorney’s fees, arising out of or related to your use of the Website, any content you submit, your violation of these Terms, or your violation of any rights of another. You also agree to promptly notify CloudZenia of any claims and cooperate in the defence and settlement of such claims. CloudZenia reserves the right to assume exclusive defence and control of any matter subject to indemnification by you, in which case you will still be required to indemnify and hold harmless CloudZenia for any losses or damages.

GOVERNING LAW

Any disputes related to payments or Services shall be resolved through an amicable and fair negotiation process between CloudZenia and the Client. These conditions are governed by and construed in accordance with the laws of India in which CloudZenia operates.

  • DISPUTE RESOLUTION
    Any disputes arising from payments or Services will be diligently addressed through a comprehensive resolution process. Both parties, CloudZenia and the Client, are committed to fostering an amicable and fair negotiation environment to reach a satisfactory resolution.

     

  • NEGOTIATION PROCESS
    In the event of a dispute, both parties agree to engage in good-faith negotiations to resolve the matter swiftly. This negotiation process aims to consider the interests of all parties involved and find mutually agreeable solutions.

     

  • COURT SETTLEMENTS
    If an amicable resolution cannot be reached through negotiations, both CloudZenia and the client may opt for a court settlement. In such cases, the parties agree to submit to the exclusive jurisdiction of the courts located in the jurisdiction of India, where CloudZenia operates.

     

  • INDEPENDENT SETTLEMENTS
    Alternatively, the parties may choose to pursue an independent settlement outside of court. Independent settlements may involve the appointment of a neutral mediator or arbitrator to facilitate discussions and guide the resolution process. Both parties commit to participating in good faith in any such alternative dispute resolution mechanisms.

     

  • GOVERNING LAW AND JURISDICTION
    These conditions are subject to and governed by the laws of India, the jurisdiction in which CloudZenia operates. Any disputes, interpretations, or conflicts arising under or in connection with these Terms will be construed in accordance with the laws of India.
    The parties agree that the courts located within the jurisdiction of India will have exclusive jurisdiction over any disputes that may arise in connection with these Terms or the use of CloudZenia’s Services.

     

  • COMPLIANCE WITH LEGAL PROCESSES
    Both parties commit to complying with any legal processes initiated in accordance with the governing law. This includes but is not limited to responding promptly to legal notices, attending court proceedings, and participating in alternative dispute resolution mechanisms as required.

ACCOUNT TERMINATION AND CLIENT INFORMATION

  • ACCOUNT TERMINATION
    CloudZenia reserves the right to terminate Client accounts for violations of these Terms, unauthorized activities, or any other reason deemed necessary by CloudZenia. Clients will be notified of termination and the reasons behind such actions.

     

  • CLIENT INFORMATION UPDATES
    Clients are responsible for keeping their account information accurate and up-to-date. Any changes to contact details, billing information, or other account details should be promptly updated to ensure effective communication.

     

  • FEEDBACK
    CloudZenia appreciates Client feedback and testimonials. By providing feedback or testimonials, Clients grant CloudZenia the right to use, reproduce, and display such content for marketing and promotional purposes, unless otherwise specified.
    Clients are encouraged to provide constructive feedback and report any issues with CloudZenia’s Website or Services promptly. Support inquiries and feedback can be directed to [email protected].
     
  • CLIENT RESPONSIBILITIES
    Clients are responsible for maintaining the confidentiality of their account credentials. Any actions taken using the Client’s account are their sole responsibility. CloudZenia can not be held liable for unauthorized access resulting from the Client’s failure to safeguard their account information.

    CloudZenia employs security measures to protect Client accounts. Clients are urged to report any suspicious activity or security concerns to [email protected].

  • CONSENT TO COMMUNICATION
    By using CloudZenia’s Website and Services, Clients consent to receive communication, including account-related notifications, newsletters, and promotional content. Clients can manage communication preferences through their account settings.

SEVERABILITY CLAUSE

In the event that any provision or part of these Terms is determined to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such invalidity, unlawfulness, or unenforceability shall not affect the validity and enforceability of the remaining provisions. The parties agree to replace the invalid, unlawful, or unenforceable provision or part with a valid, lawful, and enforceable provision that achieves, to the extent possible, the original objectives and intentions of the parties as reflected in the original provision.

MISCELLANEOUS

  • ACCEPTANCE OF SERVICE LIMITATIONS
    While CloudZenia strives to provide cutting-edge IT Services, Clients acknowledge that the speed, features, and capabilities of Services may be influenced by factors outside of CloudZenia’s controls, such as internet connectivity, hardware, and third-party Services.

  • SERVICE CUSTOMIZATION
    CloudZenia retains the right to customize, modify, or discontinue any aspect of its Services to enhance performance, security, or client experience. Clients shall be notified of any significant changes.

  • SERVICE LEVEL AGREEMENTS (SLAS)
    Clients engaging with CloudZenia’s Services may be subject to specific SLAs outlined in individual agreements. SLAs define service expectations, including uptime, response times, and support.

  • THIRD-PARTY INTEGRATIONS
    CloudZenia may integrate third-party Services or tools to enhance Service offerings. Clients are encouraged to review and accept the Terms and Conditions of these third-party integrations.

  • ACCESSIBILITY
    CloudZenia is committed to ensuring accessibility to its Services for Clients of all abilities. If you encounter accessibility barriers, please contact us at [email protected] for assistance.

  • ACCOUNT SECURITY
    Clients are responsible for maintaining the security of their accounts. If unauthorized access is suspected, Clients should notify CloudZenia promptly to take appropriate action.

  • BUSINESS CONTINUITY
    While CloudZenia takes measures to ensure business continuity, Clients acknowledge that unforeseen events or circumstances may impact Service availability. CloudZenia shall make reasonable efforts to mitigate disruptions.

MODIFICATIONS

CloudZenia reserves the right to modify, update, or discontinue any aspect of its Website, Services, Terms and Conditions, rules, regulations, and terms of use referred to herein at its sole discretion, with or without notice. Clients acknowledge that the continued use of CloudZenia’s services after modifications to the Website, Services, Terms and Conditions, rules, regulations, and terms of use constitutes acceptance of those modifications. CloudZenia shall not be liable for any loss or inconvenience resulting from such modifications, and Clients are encouraged to review the Terms periodically for updates. Clouzenia may also notify the Client of any change or modification in the Website, Services, Terms and Conditions, rules, regulations, and terms of use referred to herein. The Client may then exercise the options provided in such an email or notification to indicate their acceptance or non-acceptance of the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Clouzenia. Additionally, CloudZenia may, at its discretion, introduce new features or functionalities, alter existing features, or temporarily or permanently suspend access to the website or services.

CONTACT INFORMATION

For any inquiries regarding these Terms and Conditions or CloudZenia and its Services, please contact [email protected]. 

Our Terms and Conditions were last updated on 09/01/2024.