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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE/PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE/PLATFORM.

Introduction

The domain name www.pidatacenters.com, an internet based portal (“Website” or “Platform”), is owned and operated by Pi Data Centers Private Limited and/or its subsidiaries, affiliates and authorized service provider (hereinafter referred to as “Pi” or “We” or “Our” or “Us” or “Company”). Your access or use of this Platform, transaction on the Platform, its content and use/access of services offered by Pi, are governed by the following terms and conditions (hereinafter referred to as the “Terms & Conditions”), including the applicable policies which are incorporated herein by way of reference. These Terms & Conditions constitutes a legal and binding contract between you (hereinafter referred to as “Customer” or “You” or “Your” or the “User”) on one part and Pi on the other part. Pi and Customer are hereinafter individually referred as “Party” and collectively referred to as “Parties”.

By accessing, browsing, engaging in any transactions on the Platform, using this Platform or utilizing any services provided by, Pi, and its affiliates, You indicate Your agreement to accept and abide by these Terms & Conditions. Furthermore, by either implicitly or explicitly accepting these Terms & Conditions, You also acknowledge and consent to adhere to Our policies, including the Privacy Policy and the Acceptance Use Policy (collectively referred to as “Policies”) which regulates Your usage of the Platform and the services and helps You understand Our practices. Additionally, You are subject to other rules, guidelines, policies, terms, and conditions as required by applicable laws in India and other jurisdictions for accessing, browsing, transacting on the Platform, or utilizing any services. These rules, guidelines, policies, terms, and conditions are considered to be an integral part of these Terms & Conditions and are automatically incorporated into them.

Copyright

All content included on this Website, its pages and all other screens displaying the content, such as text, graphics, icons, logos, images, language, audio clips, videos, digital downloads or any other data or content, including relevant software, is the property of Pi or its suppliers and is protected by Indian copyright laws, protected by India copyright laws. All
hardware / software used on this Website is the property of Pi or its suppliers and protected by India copyright laws.

By using this site, You signify Your agreement to Pi’s Terms & Conditions. Your continued use of Pi and/or its affiliates’ sites following the posting of changes to these terms will mean You accept those changes.

Trademarks

Pi, the Pi’s logo, and other marks indicated on Our Website are trademarks of Pi or its affiliates. Other Pi’s graphics, logos, page headers, icons, scripts, and service names are trademarks or trade dress of Pi or its affiliates. Pi and its affiliates' trademarks and trade dress may not be used in connection with any product or service that is not Pi or its affiliates' as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Pi or its affiliates. All other trademarks not owned by Pi or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pi or its subsidiary or affiliates.

Any links to other sites via the Pi’s Platform, over which Pi has no control, are subject to the terms of those links/sites and Pi's Policies. Pi is not responsible for the availability of such external sites or resources, and it does not endorse or accept responsibility for any content, advertising, products, or other materials on or available from such sites or resources. The information and materials contained in these pages ‑ and the terms, conditions, and descriptions that appear ‑ are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to Pi’s final determination and acceptance.

The use/ access of the Platform are only available to natural persons, other than those who are ‘incompetent to contract’ under the applicable law of the relevant jurisdictions that is, persons including minors, un-discharged insolvents etc. are not eligible to use/ access the Platform. By accessing or using the Platform, You accept the terms of these Terms & Conditions and represent and warrant to Pi that You are ‘competent to contract’ under the contract Act and have the right, authority and capacity to use the Platform and agree to and abide by these Terms & Conditions.

The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Pi for the technical administration of the Website, research and development and for User administration.

The cookies support the integrity of Our registration process, retain Your preferences and account settings, and help evaluate and compile aggregated statistics about User activity. We will begin collecting information about You or from activity on devices You use as soon as You use the Website and/or Our services. By using Our services, You permit Us to collect or receive and use Your information from activity on devices you use in accordance with this Terms & Conditions.

Certain cookies We use last only for the duration of Your web or application session and expire when You close Your browser or exit the application. Other cookies are used to remember You when You return to use the services and, as such, will last longer.

We may use cookies to:

  • Remember that You have visited us or used the services before. This allows Us to identify the number of unique visitors We receive, so that We can provide enough capacity to accommodate all of Our users.
  • Customize elements of the promotional layout and/or content of Our services.
  • Collect data about the way You interact with Our services (e.g., when You use certain features).
  • Collect data to assess and improve Our advertising campaigns, including sending information to Our business partners.
  • Allow Our business partners (including third parties) to use these tracking technologies to track Your behavior on Our behalf on Our website/platform (including when You use multiple devices) and on partner websites.
  • Enable third parties to collect data about the way You interact across sites outside of Our services.
  • Collect anonymous statistical information about how You use the services (including the length of Your web or application session) and the location from which You access the services, so that We can improve the services and learn which elements and functions of the services are most popular with Our users.

In the course of optimizing services to You, Pi may allow authorized third parties to place or recognize a unique cookie on the Your browser.

Below are the list of third parties that may set cookies when You use Pi’s services. You can learn more about how these third parties use information collected through cookies by reviewing the privacy policies on their sites.

We also embed features from third parties on Our Website(s), and those third parties may set cookies if You engage with those features.

Pi does not store personally identifiable information in the cookies. Without prejudice to the foregoing You agree that Pi shall not be held liable or responsible for 'phishing attacks' on You. You may accept or decline the cookies when You access Pi’s Website. It is the User’s responsibility to set his/her browser to alert him/her to accept or to reject cookies.

Pi, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website, at any time while Pi investigates complaints or alleged violations of these Terms & Conditions or any services, or for any other reason.

User Content

1. Any content You upload, transmit, or store using Our services is Your responsibility. Pi does not claim ownership of Your content. Customer shall ensure that it has taken all necessary approvals, licenses from concerned authority(ies) within or outside the territory for availing the services to be provided by Pi. The Customer shall be liable for any default committed by it or by its authorized person and the Customer shall be solely responsible for any claims or liabilities that may arise on account of any such default.

2. You grant Pi the necessary permissions and consent to access, collect, use, host, store, and transmit Your voluntarily provided content, User details or other information through Our Website, as required to provide Our services or to complete a transaction on this Website.

3. We will exercise no control whatsoever over the content of the information passing through the network or on the Your websites.

4. We do not provide any warranties or guarantees, whether expressed or implied, for the services We offer. Furthermore, We disclaim any warranty of merchantability or fitness for a particular purpose. We shall not be held responsible for any damages that may be suffered by You, including data loss resulting from delays, non-deliveries, service interruptions, gaps caused by any reason, or errors or omissions made by You.

5. Pi bears no responsibility for any loss, erasure, or corruption of Your data or files, unless otherwise agreed upon.

6. The use of any information obtained through the Pi’s services is entirely at Your own risk, and We explicitly disclaim any responsibility for the accuracy or quality of information obtained via Our services.

Restrictions

You are specifically restricted from publishing any Website content in any form on media, selling sub-licensing and/or otherwise commercializing, publicly performing and/or showing, using in any way that is or may be damaging to this Website in any way that impacts user access to and is contrary to applicable laws and regulations, or in any way may cause harm and to any person or business entity and engage in any data mining, data harvesting, data extracting or any other similar activity to achieve any advertising or marketing results without legal authorization from Pi. Certain areas of this Website are restricted from being accessed by You and Pi may further restrict access by You to any areas, at any time, in its absolute discretion.

Payment Terms

Unless otherwise agreed, the below payment terms would be applicable for all purchases from this Platform:

Payment Model Payment Terms Cloud Products Non-Cloud Products
Monthly (Pay per use) On Demand ✔. ✔.
(Applicable only for power billing model 'Power on Actuals')
Monthly (Fixed) Monthly payment in advance ✔. ✔.
1 year (Monthly Advance) One Year Contract; Monthly payment in advance, subsequent invoices will be generated on monthly advance basis thereafter ✔. ✔.
1 year (Quarterly Advance) One Year Contract; Quarterly payment in advance, subsequent invoices will be generated on quarterly advance basis thereafter ✔. ✔.
1 year (50% Advance) One Year Contract; Half-yearly payment in advance, subsequent invoices will be generated on half yearly advance basis thereafter ✔. ✔.
1 year (100% Advance) One Year Contract; 100% payment for the contract period to be paid in advance and in full ✔. ✔.
2 years (Monthly Advance) Two Year Contract; Monthly payment in advance, subsequent invoices will be generated on monthly advance basis thereafter ✔. ✔.
2 years (Quarterly Advance) Two Years Contract; Quarterly payment in advance, subsequent invoices will be generated on quarterly advance basis thereafte ✔. ✔.
2 years (Half Yearly Advance) Two Years Contract; Half-yearly payment in advance, subsequent invoices will be generated on half yearly advance basis thereafter ✔. ✔.
2 years (Annual Advance) Two Years Contract; Annual payment to be paid in full in advance, subsequent invoice will be generated on yearly advance basis ✔. ✔.
3 years (Monthly Advance) Three Years Contract; Monthly payment in advance, subsequent invoices will be generated on monthly advance basis thereafter ✔. ✔.
3 years (Quarterly Advance) Three Years Contract; Quarterly payment in advance, subsequent invoices will be generated on quarterly advance basis thereafter ✔. ✔.
3 years (Half Yearly Advance) Three Years Contract; Half-yearly payment in advance, subsequent invoices will be generated on half yearly advance basis thereafter ✔. ✔.
3 years (Annual Advance) Three Years Contract; Annual payment to be paid in full in advance, subsequent invoices will be generated on yearly advance basis thereafte ✔. ✔.

Taxes

All the products, services and other infrastructure purchased by Customer or any other recipient shall be exclusive of any taxes. All products and/or services shall attract applicable taxes, with respect to Indian Tax regulations.

Cancellation & Refund Policy (Cloud Products)

Customers may cancel the order at any time by emailing on support@pidatacenters.com, along with their order number. This is exclusively applicable for cloud products. The cancellation would be effective in 24 hour working hours from the time of receipt of valid cancellation request. Unless otherwise agreed in written between the Customer and Pi, total amount shall be refunded, if the cancellation request is placed within 24 hours from order placement. 50% of the paid amount shall be refunded, if the cancellation request is placed after 24 hours but within 48 hours from order placement. Cancellation would not warrant any refund if done in more than 48 hours of order placement or post deployment of the in-scope infrastructure, whichever is earlier. Any cancellation of order placement would be eligible for interest free refund within 7 working days from the date of valid cancellation request by the Customer. Pi holds the discretion to cancel the order without any notice, and/or de-provision the in-scope product(s) or services, in the scenario of non-payment by the Customer within a maximum period of 48 hours of new order placement and/or renewal, and/or if the purpose is found to be malicious and/or illegal as per the law of the land. For active orders/services, the Customer is required to make payments for monthly, quarterly, or annual charges as per the opted plan, within five (5) calendar days from the date of the invoice. Failure to do so may result in temporary suspension of the specified product(s) or services. However, if the customer continues to delay payments for any reason beyond ten (10) calendar days from the date of temporary suspension, Pi reserves the right to take the following actions without further notice: (i) Release all resources allocated to the customer; (ii) Delete all content and data owned by the customer and stored on Pi's storage/servers; and (iii) Reallocate these resources to other Pi customers.

Contract Cancellation Policy (Non-Cloud Products)

Minimum contract period for any services / products, other than cloud products shall be of 1 year, from the date of order placement. In case of enterprise servers, dedicated physical servers, high-end servers, network devices, firewalls, switches and/or any other infrastructure that needs bare-metal machines to be procured & provisioned, any contract being cancelled by the Customer, then the Customer would be liable to remit value equivalent to the total contract period or the remaining contract value, whichever is less, in favour of Pi.

Pi holds the discretion to cancel the order without any notice, and/or de-provision the in-scope product(s) or services, in the scenario of non-payment by the Customer within a maximum period of five (5) business days of new order placement and/or renewal, and/or if the purpose is found to be malicious and/or illegal as per the law of the land. For active orders/services, the Customers are required to make payments for monthly, quarterly, or annual charges as per the opted plan, within ten (10) business days from the date of the invoice. Failure to do so may result in temporary suspension of the specified product(s) or services i.e., the power and the bandwidth to the Customer equipment’s shall be disconnected. However, if the Customer continues to delay the payments for any reason beyond ten (10) calendar days from the date of temporary suspension of the in-scope product(s) or services, Pi shall have the right to restrict the access to the Customer allotted rack space and the Customer hosted equipment’s at Pi’s datacenter, and all other resources allotted to the Customer shall be released, and those released resources shall be allocated to other Pi customers, without any further notice. The Customer shall not be permitted to remove any of Customer’s equipment’s from the Customer allotted space at Pi’s datacenter premises at any time when Customer is delinquent in meeting any of its payment obligations, or is otherwise in breach of any other material term mentioned in the Terms & Conditions. Full payment shall be a condition of Customer receiving access to the Customer space and the datacenter premises or removal of Customer’s equipment.

Warranties

By using Pi’s services You agree to the following disclaimers. The information and materials contained in this site, including text, graphics, links or other items ‑ are provided “as is,” “as available”. You acknowledge and agree that the services are provided "as is" and "as available," and that Your use of the services is at Your sole risk. To the fullest extent permitted by applicable law, Pi, its affiliates, and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors, disclaim all warranties, whether express or implied, in connection with the services, and Your use of them. To the fullest extent permitted by applicable law, Pi make no warranties or representations regarding the services being provided with due skill, care, and diligence or the accuracy and completeness of the services content. Pi does not warrant the accuracy, adequacy or completeness of the information and materials and expressly disclaims liability for errors, mistakes, inaccuracies in content or omissions therein. No warranties of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, are given in conjunction with the information and materials. Pi assumes no responsibility for any of the following: (a) personal injury or property damage resulting from Your access to and use of the services; (b) unauthorized access to or use of Our servers and any personal information stored therein; (c) interruption or cessation of transmission to or from the services; (d) bugs, viruses, Trojan horses, or similar harmful elements transmitted to or through the services by third parties; (e) loss of Your data or content from the services; (f) errors or omissions in any content or any loss or damage incurred from using any content posted, emailed, transmitted, or made available through the services; (g) the disclosure of information pursuant to these Terms & Conditions and Our Privacy Policy; (h) Your failure to keep Your password or account details secure and confidential; (i) loss or damage resulting from causes beyond Pi’s reasonable control.

Any material downloaded or obtained through the services is at Your own discretion and risk, and You are solely responsible for any damage to Your computer system, other devices, or data loss resulting from such downloads. Pi will not be involved in or responsible for monitoring transactions between You and third-party providers of products or services. You are solely responsible for Your communications and interactions with other users of the services and individuals You communicate with or interact with as a result of using the services. Pi provides no representations or warranties express or implied, with regard to third party components, and Pi will not be liable for any failure of any Third Party Services or Third Party Products to function as expected or intended. “Third Party Products” or “Third Party Services” means the equipment, software, products or services procured from a third party vendor which Pi, in turn, provides to Customer as part of, or in combination with, Pi own products and services which are part of the Pi’s services. In connection with technical support, Pi makes no representation or warranty that Pi will be able to find the cause of, or resolve, the problem for which Customer contacts for technical support. Pi is not responsible for providing technical support, or any other support (including customer service, billing support, and sales support), to Customer’s resellers, or Customer end users.

No advice or information obtained from Pi or through the services, whether oral or written, creates any warranty not expressly stated in these Terms & Conditions. Unless You have received express written authorization from Pi, You agree not to use any trademark, service mark, trade name, or logo of any company or organization in a manner that may cause confusion about the owner or authorized user of such marks, names, or logos.

Pi’s sole obligation and Your sole and exclusive remedy in the event of interruption to the services or loss of use and/or access to Pi’s services, shall be to use all reasonable endeavors to restore the services and/or access to services as soon as reasonably possible.

Exclusion of Liability

In no event shall Pi be liable to You for any damages, including without limitation direct or indirect, special, incidental, punitive, exemplary, or consequential damages however caused and under any theory of liability, loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procuring substitute goods or services, or other intangible losses or expenses arising in connection with this Website, services or use thereof or inability to use by any Customer, or reliance on the contents of this Website, or in connection with any failure of performance, error, omission, interruption, defect, delay or failure in operation or transmission, computer virus or line or system failure, even if Pi, its representatives, are advised of the possibility of such damages, losses or expense, hyperlinks to other internet resources are at Your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by Pi. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Pi has been advised of the possibility of such damage. This limitation of liability will apply to the fullest extent permitted by law.

Submission

All information submitted to Pi via this Platform shall be deemed and remain the property of Pi who shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this site provides Pi through this site. Pi shall not be subject to any obligations of confidentiality or privacy regarding submitted information except as agreed by the Pi or as otherwise specifically agreed or required by law. The content on the Website, including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content, solely contains content provided by Pi. This content is the property of Pi and is protected under copyright, trademark, and other applicable laws. You shall not modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose or for personal gain.

These Terms & Conditions constitute an electronic record in terms of the Information Technology Act, 2000, and rules framed thereunder, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Variation

Please be aware that Pi reserves the right to update or amend these Terms & Conditions and any referenced policies without prior notice to the User. Therefore, it is advisable to periodically review this page or the provided link to ensure You have the most up-to-date version of the Terms & Conditions (the "Revised Version"). The Revised Version becomes effective when it is posted but does not apply retroactively. Your continued use of the services following the posting of a Revised Version signifies Your acceptance of that Revised Version. Any dispute that arose prior to the changes will be governed by the terms that were in place at the time the dispute arose.

Force Majeure

Pi shall not be liable for any failure to perform any of its obligations under this Terms & Conditions or any agreement or order placed by the Customer if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. “Force Majeure Event” means any event due to any cause beyond the reasonable control of Pi, including, without limitation to natural disasters and other “acts of God”, floods, fire, earthquakes, and other destruction, sabotage, terrorism, war, hostilities, or war like operations (whether a state of war be declared or not), invasion, act of foreign enemy, and civil war, explosion, insurrection, embargo pandemic, quarantine, epidemics and other acts of any governmental body, acts of government, including any changes in law or regulations, government restrictions or strikes and other labour disturbances, industrial dispute, energy crises, shortage restriction of power supply by the government or other actions taken by labour organizations or acts or omissions of third parties or delays in transportation or any other causes beyond the reasonable control of Pi.

Governing Law & Jurisdiction

By accessing and using this Website and obtaining the facilities, products or services offered through this Website, You agree that the laws of India shall govern such access and the provision of such facilities, products and services and You agree that in the event of any disputes, differences, legal action, claims or proceedings related to or arising out of this Terms & Conditions, the services or in any way relating to any term, condition or provision herein mentioned or in the construction or interpretation of any of the clauses, the Parties shall first endeavor to settle such disputes, differences or claims by friendly consultation failing which the same shall be referred to the arbitration before a sole arbitrator appointed jointly by both the Parties. The arbitration will be in India at Hyderabad and the arbitration will be subject to and be governed by the provisions of the Arbitration and Conciliation Act 1996 or any statutory amendment or re-enactment thereof, for the time being in force. The decision of such arbitration shall be binding and conclusive upon the Parties and may be enforced in any court of competent jurisdiction. The Parties to the arbitration shall equally share the costs and expenses of any such arbitration. All arbitration proceedings shall be conducted in English. Nothing in this paragraph shall prevent the Parties from seeking injunctive relief from a Court of Law. The Parties herein agree to submit to the exclusive jurisdiction of courts in Hyderabad alone. In the event of the arbitrator so appointed dies or unable to proceed with the arbitration proceeding for any reason whatsoever, then Parties shall appoint another arbitrator in his place, who shall proceed with the arbitration proceeding from the stage at which it was left by his/her predecessor.

Miscellaneous

1. Without the prior written consent of Pi, the Customer agrees not to issue or release any articles, advertising, publicity or other material relating to any of Pi’s infrastructure or mentioning or implying the name of Pi, except as may be required by law and then only after providing Pi with an opportunity to review and comment thereon.

2. This Terms & Conditions shall remain in effect until it is terminated by Pi. Customer will use the infrastructure only for the purpose of their businesses in good faith, bound by law.

3. Pi does not provide any license or conveyance of rights under any patent, copyright, trade secret, trademark or any other intellectual property rights through these Terms & Conditions. The Terms & Conditions only grants limited rights necessary for accessing and utilizing the services as specified in the respective service order accepted by Pi, contingent upon the Customer's payment to Pi for accessing or using said services.

4. If any provision of these Terms & Conditions is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any of the remaining provisions.

5. Pi and Your relationship is that of independent contractors and not principal-agent, subordination, subcontracting, association, partnership or joint venture. Neither of the Parties is the agent for the other, and the Customer does not have the right to bind Pi on any agreement with a third party.

6. No provision of these Terms & Conditions shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Pi. Any consent by Pi to, or a waiver by Pi of any breach by User(s), whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

7. The obligations and duties imposed by this Terms & Conditions with respect to any information related to infrastructure and services provided by Pi, may be enforced by Pi of such information against the Customer or the Customer’s recipients of such information. All terms and provisions of this Terms & Conditions will be binding upon the Customer and their respective affiliates, and upon their respective successors and assigns.