Cloud Services – Terms & Conditions

1. Scope of Services

NV Global Tech Solutions may provide or arrange cloud hosting services including:

• Tally on Cloud
• Application on Cloud
• Virtual Private Server (VPS)
• Dedicated or Shared Cloud Infrastructure
• Remote Application Hosting
• Hybrid Cloud Solutions
• Cloud Backup and Storage, where specifically subscribed
• Other cloud-based services offered by NV Global Tech Solutions

The exact configuration, resources, storage, users, applications, support, backup, and other deliverables will be as specified in the applicable quotation or service agreement.

2. Third-Party Service Providers

The cloud infrastructure and related services may be provided by third-party hosting, cloud, data-centre, software, connectivity, or technology providers.

NV Global Tech Solutions may procure and resell such services to customers as part of its cloud solutions.

Availability, infrastructure specifications, maintenance schedules, network connectivity, and certain service conditions may therefore be subject to the terms and policies of the respective third-party service provider.

3. Service Availability

We will make reasonable efforts to provide reliable and continuous access to the subscribed cloud services.

However, uninterrupted availability cannot be guaranteed.

Service interruptions may occur due to:

• Scheduled maintenance
• Emergency maintenance
• Server or hardware failure
• Network or internet failure
• Data-centre issues
• Third-party infrastructure failure
• Cybersecurity incidents
• Software or operating-system issues
• Government or regulatory restrictions
• Events beyond our reasonable control

Where reasonably possible, scheduled maintenance will be communicated in advance.

4. Application and Software Licensing

The customer is responsible for ensuring that all software, applications, Tally licenses, operating systems, databases, and other software hosted on the cloud environment are legally licensed and authorized for use.

NV Global Tech Solutions shall not be responsible for any licensing violation arising from software or applications supplied or instructed to be installed by the customer.

Third-party software licenses may be subject to the respective software provider’s terms and conditions.

5. Tally Hosting

Where TallyPrime or related Tally software is hosted on the cloud, the customer must possess valid and authorized Tally software licenses as applicable.

NV Global Tech Solutions does not transfer ownership of any Tally software or related intellectual property.

Tally software remains subject to the terms, licensing conditions, and policies of the respective software owner.

6. Customer Data

All business data, accounting data, documents, databases, files, and information uploaded or stored by the customer remain the property of the customer or the respective rights holder.

NV Global Tech Solutions does not claim ownership of customer data.

The customer is responsible for ensuring that the data uploaded to the cloud environment is lawful and that the customer has the necessary rights and permissions to store and process such data.

7. Data Backup

Cloud hosting and data backup are separate services unless specifically included in the customer’s subscription or quotation.

The customer is responsible for maintaining appropriate backups of critical business data unless a backup service has been specifically subscribed to.

Where backup services are included, the applicable backup frequency, retention period, storage capacity, and restoration terms shall be as specified in the service agreement.

8. Data Loss

NV Global Tech Solutions will take reasonable measures to protect the hosted environment; however, no cloud infrastructure can be guaranteed to be completely immune from hardware failure, software failure, cyber incidents, accidental deletion, corruption, or other unforeseen events.

Customers are strongly advised to maintain independent backups of critical business data.

NV Global Tech Solutions shall not be liable for loss of business, revenue, profit, opportunity, or data arising from circumstances beyond its reasonable control.

9. Security

Reasonable security measures will be implemented based on the subscribed cloud infrastructure and service configuration.

The customer is responsible for maintaining secure passwords, user access, authentication credentials, and appropriate access controls.

Customers must immediately notify NV Global Tech Solutions if they suspect unauthorized access or compromise of their account.

10. User Access

Cloud access credentials provided to the customer are confidential and must not be shared with unauthorized persons.

The customer is responsible for all activities performed using its authorized accounts and credentials.

NV Global Tech Solutions may suspend or restrict access where there is a reasonable suspicion of unauthorized access, misuse, security threats, or violation of these Terms & Conditions.

11. Prohibited Activities

The cloud infrastructure must not be used for unlawful, fraudulent, malicious, abusive, or unauthorized activities.

The customer shall not use the service for activities including:

• Hacking or unauthorized access
• Malware distribution
• Phishing or fraudulent activities
• Spamming
• Unauthorized scanning or attacks
• Hosting illegal content
• Copyright or intellectual-property infringement
• Activities that compromise the security or availability of the infrastructure

Any such activity may result in immediate suspension or termination of the service.

12. Resource Usage

The customer shall use the allocated cloud resources within the limits specified in the subscribed plan.

Excessive CPU, RAM, storage, bandwidth, database, or other resource consumption may require an upgrade or may be subject to additional charges.

NV Global Tech Solutions reserves the right to recommend resource upgrades where the customer’s usage affects system performance or service stability.

13. Technical Support

Technical support will be provided according to the support level included in the customer’s selected plan or quotation.

Support may include:

• Cloud server administration
• Application accessibility
• User access assistance
• Basic configuration
• Server monitoring, where included
• Backup assistance, where subscribed

Application-level support, software customization, data correction, accounting assistance, or third-party application support may be charged separately unless specifically included.

14. Third-Party Application Support

For applications developed or supplied by third parties, support may be subject to the policies and availability of the respective application provider.

NV Global Tech Solutions will make reasonable efforts to coordinate with the relevant service provider where applicable but cannot guarantee resolution of issues originating entirely from third-party software or services.

15. Payment and Renewal

Cloud services are generally provided on a subscription basis.

The customer shall make payment within the agreed payment period.

Failure to receive payment within the applicable due date may result in suspension of the cloud service.

Applicable taxes, renewal charges, resource upgrades, additional storage, additional users, software licenses, and other services will be charged separately where applicable.

16. Suspension of Services

NV Global Tech Solutions may suspend the service in circumstances including:

• Non-payment
• Security threats
• Unauthorized use
• Violation of these Terms & Conditions
• Excessive or abusive resource usage
• Instructions or restrictions imposed by the underlying service provider
• Legal or regulatory requirements

Where reasonably possible, the customer will be provided prior notice before suspension for non-payment.

17. Service Termination

Either party may terminate the service in accordance with the applicable subscription or service agreement.

Upon termination, the customer is responsible for retrieving its data within the applicable data-retention period.

After the applicable retention period, customer data may be permanently deleted from the hosted environment.

The customer is responsible for requesting data migration, backup, or transfer before termination where required.

18. Migration and Data Transfer

Data migration to or from the cloud environment is not included unless specifically mentioned in the quotation or service agreement.

Migration, backup restoration, application installation, database conversion, or data transfer services may attract additional charges.

Migration timelines depend on the size, format, accessibility, and condition of the data.

19. Third-Party Infrastructure Changes

The underlying cloud or hosting provider may modify infrastructure, hardware, network architecture, service plans, pricing, security policies, or technical specifications.

Where such changes materially affect the subscribed service, NV Global Tech Solutions may provide an alternative configuration or service arrangement where reasonably possible.

Any additional cost resulting from infrastructure upgrades or third-party pricing changes may be applicable to the customer after appropriate communication.

20. Pricing and Renewal

Cloud subscription prices are based on the resources and services included at the time of subscription.

Renewal pricing may differ due to changes in:

• Cloud infrastructure costs
• Software licensing
• Storage requirements
• Resource requirements
• Third-party provider pricing
• Taxes or regulatory charges

Any revised renewal pricing will be communicated to the customer as applicable.

21. Limitation of Liability

NV Global Tech Solutions shall not be liable for indirect, incidental, consequential, special, or business losses, including loss of profits, revenue, business opportunities, or data resulting from cloud service interruptions or failures beyond our reasonable control.

This includes failures or interruptions caused by third-party infrastructure providers, internet service providers, software vendors, data centres, force majeure events, cyber incidents, or other circumstances beyond our reasonable control.

To the extent permitted by applicable law, the liability of NV Global Tech Solutions shall be limited to the amount paid by the customer for the affected cloud service for the applicable service period.

22. Force Majeure

NV Global Tech Solutions shall not be responsible for delays, interruptions, or failure to provide services caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, power failures, internet failures, telecommunications failures, cyberattacks, war, strikes, government restrictions, regulatory actions, or third-party service provider failures.

23. Intellectual Property

All software, platforms, cloud infrastructure, trademarks, technologies, tools, and intellectual property belonging to NV Global Tech Solutions or third-party providers shall remain the property of their respective owners.

Nothing in these Terms & Conditions grants the customer ownership of such intellectual property.

24. Confidentiality

NV Global Tech Solutions will take reasonable measures to maintain the confidentiality of customer information and data accessed in the course of providing the service.

The customer also agrees to maintain the confidentiality of account credentials, technical information, and other confidential information provided by NV Global Tech Solutions.

25. Taxes and Government Charges

All applicable taxes, duties, levies, or government charges shall be payable by the customer as applicable under prevailing laws.

26. Changes to These Terms

NV Global Tech Solutions may update these Terms & Conditions from time to time to reflect changes in technology, service providers, applicable laws, or business practices.

The latest version will be made available on our website or communicated to customers where appropriate.

27. Governing Law

These Terms & Conditions shall be governed by and interpreted in accordance with the applicable laws of India.

Any dispute arising in relation to the cloud services shall be subject to the jurisdiction of the appropriate courts in India, unless otherwise agreed in writing.

28. Acceptance

By subscribing to, purchasing, accessing, or using the cloud services provided by NV Global Tech Solutions, the customer acknowledges that it has read, understood, and agreed to these Terms & Conditions.

The specific quotation, subscription plan, service agreement, or work order issued to the customer shall prevail where there is any conflict between the specific commercial terms and these general Cloud Services Terms & Conditions.

Contact

NV Global Tech Solutions Email: info@nvglobaltechsolutions.com