Cloud Service Agreement

Effective Date: August 17, 2025

Parties

This Cloud Service Agreement (“Agreement”) is entered into between Atfenix Data Centre Private Limited (“Atfenix”, “Provider”) and the Client (“Customer”), whose details are provided at the time of service subscription.

1. Services Provided

  • Virtual servers, storage, networking, and related infrastructure.
  • Platform services (databases, load balancers, security firewalls, etc.).
  • Managed services and technical support as per the selected plan.
  • Services are delivered on a shared or dedicated infrastructure hosted within Atfenix Tier-3 Data Centres or its partner facilities.
  • Atfenix will ensure service availability and performance in accordance with the Service Level Agreement (SLA).

2. Term & Renewal

  • The initial term shall be [12 months] or as specified in the order form.
  • The Agreement will automatically renew for equal periods unless terminated with 30 days’ prior written notice.

3. Fees & Payment

  • Customer agrees to pay charges as per the pricing plan.
  • Fees are billed monthly/quarterly/annually in advance.
  • Additional usage (e.g., bandwidth, storage, or compute beyond allocated limits) will be billed separately.
  • Late payments may lead to suspension after 10 days and termination after 30 days of non-payment.

4. Customer Responsibilities

  • Use the services in compliance with applicable laws and the Acceptable Use Policy (AUP).
  • Be solely responsible for the data, applications, and configurations hosted.
  • Maintain appropriate data backups unless using Atfenix’s managed backup service.
  • Ensure secure access credentials and prevent unauthorized use.

5. Atfenix Responsibilities

  • Provide services with 99.9% uptime (unless otherwise stated in SLA).
  • Maintain secure, redundant infrastructure with 24/7 monitoring.
  • Provide customer support as per selected plan (Standard, Premium, Enterprise).
  • Ensure physical security, power, and cooling for the hosting environment.

6. Data Ownership & Protection

  • Customer retains full ownership of all data hosted on Atfenix infrastructure.
  • Atfenix shall not access, modify, or disclose Customer data except as required to provide services, as directed by the Customer, or as required by law.
  • Atfenix implements encryption, access controls, and compliance measures (ISO, GDPR-aligned) to protect data.

7. Service Suspension & Termination

  • Atfenix may suspend services if payments are overdue, Customer violates the AUP, or legal or security threats require urgent suspension.
  • Customer may terminate with 30 days’ written notice after the initial term.
  • Atfenix may terminate with immediate effect for breach of Agreement or unlawful use.
  • Customer must extract all data within 15 days of termination.

8. Liability & Indemnity

  • Atfenix’s liability shall not exceed the fees paid by the Customer in the preceding 3 months.
  • Atfenix is not liable for indirect damages (e.g., lost profits, business interruption, or data loss).
  • The Customer indemnifies Atfenix against claims arising from illegal use of services or third-party content hosted.

9. Force Majeure

  • Neither party will be liable for delays or failure caused by events beyond reasonable control (natural disasters, government orders, network failures, etc.).

10. Confidentiality

  • Both parties agree to maintain confidentiality of business, technical, and personal data exchanged under this Agreement.

11. Governing Law & Jurisdiction

  • This Agreement shall be governed by the laws of India, with jurisdiction of the courts at Noida, Uttar Pradesh.

12. Notices

13. Entire Agreement

  • This Agreement, together with the SLA, Privacy Policy, Refund & Cancellation Policy, and Acceptable Use Policy, represents the entire understanding between the parties.

Contact Us

For any inquiries regarding this agreement, please contact us.