Terms & Conditions

Welcome to Destek Technologies Private Limited. These Terms and Conditions ("Terms") govern your use of our cloud computing services, website, and related products. By accessing or using our services, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you must not use our services.

1. Acceptance of Terms

By creating an account, accessing our website, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you ("Customer," "User," "you") and Destek Technologies Private Limited ("Destek," "we," "us," "our").

If you are entering into these Terms on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Service Description

Destek Technologies provides cloud computing services including but not limited to:

• Infrastructure as a Service (IaaS) - Virtual servers, dedicated servers
• Platform as a Service (PaaS) - Development and deployment platforms
• Backup as a Service (BaaS) - Data backup solutions
• Disaster Recovery as a Service (DRaaS) - Business continuity solutions
• Migration as a Service (MaaS) - Cloud migration services
• Desktop as a Service (DaaS) - Virtual desktop infrastructure
• Managed Services as a Service (MSaaS) - Infrastructure support and monitoring
• Office 365 and G-Suite Solutions
• Cloud security and compliance services

3. Account Registration and Security

3.1 Account Creation

To use our services, you must:

• Provide accurate, current, and complete information during registration
• Be at least 18 years of age or the legal age of majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Not have been previously suspended or banned from our services

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using strong passwords and enabling multi-factor authentication
• Not sharing your account credentials with third parties

3.3 Account Information

You agree to keep your account information up to date and accurate. We reserve the right to suspend or terminate accounts with invalid or outdated information.

4. Service Plans and Billing

4.1 Service Plans

We offer various service plans with different features, resources, and pricing. Plan details, specifications, and pricing are available on our website and may be updated from time to time.

4.2 Payment Terms

• All fees are due in advance unless otherwise agreed in writing
• Payments can be made via credit card, bank transfer, or approved payment methods
• Monthly plans are billed on a recurring basis on the same date each month
• Annual plans must be paid in full at the beginning of the term
• All prices are quoted in Indian Rupees (INR) unless otherwise stated

4.3 Late Payments

If payment is not received by the due date:

• Your services may be suspended without notice
• Late fees may be applied as per our billing policy
• We reserve the right to terminate services after 15 days of non-payment
• You remain liable for all outstanding fees and charges

4.4 Price Changes

We reserve the right to modify our pricing with 30 days' notice. Price changes will not affect existing prepaid terms but will apply upon renewal.

5. Acceptable Use Policy

5.1 Permitted Use

You may use our services only for lawful purposes and in accordance with these Terms. You agree to use our services responsibly and ethically.

5.2 Prohibited Activities

You must not use our services to:

• Violate any applicable laws, regulations, or third-party rights
• Distribute malware, viruses, or malicious code
• Engage in hacking, phishing, or unauthorized access attempts
• Send spam, unsolicited emails, or conduct mass marketing
• Host or distribute pirated content or infringing materials
• Engage in cryptocurrency mining without prior authorization
• Conduct DDoS attacks or network disruption activities
• Host adult content, gambling sites, or illegal marketplaces
• Violate export control or sanctions regulations
• Abuse or overload system resources affecting other users
• Resell services without written authorization

5.3 Resource Usage

You must use resources fairly and within allocated limits. Excessive resource consumption may result in service throttling, additional charges, or account suspension.

5.4 Compliance Monitoring

We reserve the right to monitor service usage to ensure compliance with these Terms. We may investigate suspected violations and take appropriate action.

6. Service Level Agreement (SLA)

6.1 Uptime Guarantee

We strive to maintain the following uptime levels:

• Standard Plans: 99.5% monthly uptime
• Business Plans: 99.9% monthly uptime
• Enterprise Plans: 99.95% monthly uptime (with custom SLA)

6.2 Exclusions

The SLA does not cover downtime caused by:

• Scheduled maintenance (with advance notice)
• Force majeure events (natural disasters, wars, etc.)
• Issues caused by customer actions or configurations
• Third-party service failures outside our control
• Network or connectivity issues at customer's location

6.3 SLA Credits

If we fail to meet the SLA, you may be eligible for service credits. Credits are calculated based on the duration and severity of the outage and will be applied to your next billing cycle.

7. Data Management and Backup

7.1 Your Data

You retain all rights, title, and ownership of your data. We do not claim any ownership rights to your content or data stored on our services.

7.2 Data Responsibility

• You are solely responsible for your data and its backup
• We provide infrastructure but do not guarantee data preservation
• You should maintain independent backups of critical data
• We are not liable for data loss due to user error or system failures

7.3 Backup Services

If you purchase our backup services:

• Backups are performed according to your selected plan
• Backup retention periods vary by service level
• Restoration requests are subject to availability and may incur fees
• Backups are not guaranteed to be complete or error-free

7.4 Data Portability

You may export your data at any time. We provide tools and support for data migration upon request.

8. Intellectual Property Rights

8.1 Our IP

All content, software, trademarks, logos, and materials provided by Destek Technologies are our intellectual property or licensed to us. You may not:

• Copy, modify, or distribute our software or documentation
• Reverse engineer or decompile our systems
• Remove or alter any proprietary notices
• Use our trademarks without written permission

8.2 Your IP

You retain ownership of your content and data. By using our services, you grant us a limited license to host, store, and process your data solely to provide services to you.

8.3 Feedback

Any feedback, suggestions, or ideas you provide to us may be used by us without compensation or attribution.

9. Confidentiality

Both parties agree to maintain the confidentiality of information marked as confidential or that should reasonably be understood as confidential. This obligation continues for 3 years after the termination of services.

Confidential information does not include information that:

• Is publicly available through no breach of these Terms
• Was rightfully in possession prior to disclosure
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

10. Warranties and Disclaimers

10.1 Service Warranty

We warrant that our services will be provided in a professional manner consistent with industry standards. However, we do not guarantee uninterrupted, error-free, or secure service.

10.2 Disclaimer

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• Services will meet your specific requirements
• Services will be uninterrupted, timely, or error-free
• Results obtained from services will be accurate or reliable
• Defects will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESTEK TECHNOLOGIES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Third-party actions or services
• Any damages exceeding the amount paid by you in the 12 months preceding the claim

This limitation applies regardless of the legal theory (contract, tort, negligence, etc.) and even if we have been advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Destek Technologies, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

• Your use or misuse of our services
• Violation of these Terms or applicable laws
• Infringement of third-party rights
• Your content or data stored on our services
• Unauthorized access to your account due to your negligence

13. Term and Termination

13.1 Term

These Terms remain in effect while you use our services or have an active account.

13.2 Termination by You

You may terminate your account at any time by following our cancellation procedures. See our Cancellation & Refund Policy for details.

13.3 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• You fail to pay amounts due
• Your use poses a security or legal risk
• We are required to do so by law
• We discontinue services (with 90 days' notice for non-violations)

13.4 Effect of Termination

Upon termination:

• Your access to services will be immediately disabled
• You remain liable for all outstanding fees
• Your data will be deleted after the retention period (typically 30 days)
• Provisions that should survive termination will remain in effect

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will:

• Post updated Terms on our website with a new "Last Updated" date
• Notify you of material changes via email or service notification
• Provide at least 30 days' notice before changes take effect

Your continued use of services after changes become effective constitutes acceptance of the modified Terms. If you do not agree with changes, you must discontinue using our services.

15. Dispute Resolution

15.1 Informal Resolution

In the event of any dispute, we encourage you to contact us first to seek an informal resolution.

15.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

15.3 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Coimbatore, Tamil Nadu, India.

15.4 Arbitration

For enterprise customers, disputes may be resolved through binding arbitration as specified in your service agreement.

16. General Provisions

16.1 Entire Agreement

These Terms, along with our Privacy Policy and other referenced policies, constitute the entire agreement between you and Destek Technologies.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

16.3 Waiver

Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, wars, strikes, or government actions.

16.6 Notices

All notices must be sent to the email addresses on file or to our registered address. Notices are deemed received upon email delivery or 3 business days after mailing.