Managed Services: Terms of Services

Acceptance of Terms

Syntegrate provides its Managed Service to your organization either on-site or through its Cloud Platform Infrastructure located at Pulchowk, Lalitpur, and Butwal, Rupandehi. As a end user of our services you are subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these TOS.

Syntegrate may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://syntegrate.asia/index.php/terms-of-service. The revised terms and conditions will become effective upon posting and if you use the Service after that date, Syntegrate will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service

Description of Service

The “Service” includes all forms of Managed and Cloud Services provided by Syntegrate, in particular on-site managed services and cloud services including DR on the cloud, Mail Services, Virtual Private Servers, Infrastructure-as-a-Services, Application Delivery Service, Network Services, Infrastructure Monitoring Service, Infrastructure Management Service, Software-as-a-Service, High Availability Managed Servers and Self Service Cloud Packages.

General Conditions / Access and Use of the Service

Subject to the terms and conditions of this TOS, you may access and use the Service only for your internal business purposes as contemplated by this TOS. You shall not nor allow any third party to

1. license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS;
2. use the Service to process data on behalf of any third party,
3. use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components;
4. modify, decompile, disassemble or reverse engineer the Service for any purpose whatsoever;
5. copy, frame or mirror any part or content of the Service;
6. access the Service in order to
   1. build a competitive product or service, or
   2. copy any features, functions or graphics of the Service, or
7. use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, or store or transmit any virus or other malicious code through the Service. Without limiting the generality of the foregoing, the Service is not designed to be compliant with, and you are solely responsible for using the Service in compliance with, any applicable data privacy or personally identifiable information.

If you install or enable any add-on services or application for use with the Service, you acknowledge that you are responsible for such services or add-ons or applications as well as consequences arising from the installation or enablement.  Syntegrate shall not be responsible for any disclosure, modification or deletion of your content resulting from any such installation or enablement of any add-on services or application.

You are responsible for all information, data, text, messages or other materials that you store, post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your under the particular service allows.

Syntegrate reserves the right to access any or all of your accounts in order to respond to your requests for technical support following your permission to access the accounts. Syntegrate shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data. Syntegrate will not disclose your data except if compelled by law or if permitted by you.

you understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve

1. transmissions over various networks;
2. changes to conform and adapt to technical requirements of connecting networks or devices and
3. transmission to Syntegrate third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Syntegrate will use reasonable efforts to publish on the Site or notify you of any planned downtime of the Service.

The failure of Syntegrate to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Syntegrate, even though it is electronic and is not physically signed by you and Syntegrate, and it governs your use of the Service and takes the place of any prior agreements between you and Syntegrate; provided that clauses of this TOS will be superseded by respective clauses under any signed agreement between Syntegrate and you specifically concerning your use of the Service.

Any use of third party Licenses or Services will be governed by the Terms of Use and or  Terms of Services of the respective License or Service Provider.

Non Paying Services

Trial Services: Trial services will be provided for a maximum of 15 days for cloud based managed services with the exception of services which does not come with a trial period. Syntegrate will not charge for services under trial period unless the trial requires major effort from Syntegrate or includes equipment and services which are chargeable. During the trial period all responsibility of the data and application will be yours and at the end of the trial period Syntegrate is not responsible for providing access to the data or applications.

Free Plans: A number of services offered under Free Plans might be limited by duration and/or resources being consumed. These Free Plans are made available so that users can discover the features and educate themselves regarding the services. No support is provided on Free Plans. Notwithstanding any contrary provision in this TOS, in no event may you use the Free Plans to mine for virtual currencies, to perform cryptographic operations such as brute-force attacks of encryption keys or to launch remote attacks from the services such as DDoS. You may not create multiple accounts in order to benefit from multiple Free Plans. In the event that Syntegrate suspects abuse of a Free Plan for any reason, Syntegrate has the right without notice to cancel and delete the accounts in which those Free Plans were created.

Terms of Payment

Payment Plans: Syntegrate offers two payment plans, Pre Payment and Post Payment, where "Pre Payment" means that the payment is made before the services is rendered and "Post Payment" means the payment is made after the service period is rendered for the duration within a periodic interval also known as "Billing Cycle".

Payment Schedule: Terms of payment and Schedule of Payments will be as per the Table 1 below.

Billing Cycle: Billing Cycle is when an Invoice will be raised by Syntegrate for the duration of a Service Period and can be Monthly, Quarterly or Yearly under English Calendar unless otherwise exclusively mentioned under an agreement between you and Syntegrate. Billing period  begins at the 1st day of a given month for the start of the service period regardless of the day the service was started unless specified explicitly.

Payment Terms: Payment terms are in calendar days and not working days. If the Due Date falls under a holiday, the Due Date will be the next working day. Payment should be made by AC Payee Cheque with beneficiary "Syntegrate".

Change in Plan: Upgrade in Plan is either increment of Users or Resources and request for such upgrade will have to made in writing or through email addressed to support.

1. If you choose to upgrade your plan during your elected subscription period, any incremental cost will be prorated over full month during which the changes were made.
2. Any request for upgrades will be billable from the beginning of the month regardless of when the upgrade was initiated.
3. Regardless of your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if you close your account or downgrade your plan before the end of your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base.
4. Downgrading your plan level may cause the loss of content, features, or capacity of your account and Syntegrate does not accept any liability for such loss.
5. Any retraction of request for upgrade has to made within 24 hours of the request, otherwise the upgrade will be deemed an upgrade for the Billing Cycle.

Taxes:  You will pay directly any taxes arising out of this TOS, including applicable local, state, federal and international sales taxes, value added taxes, withholding taxes, and any other taxes or duties of any kind, but excluding taxes on Syntegrate's net income and all employer reporting and payment obligations with respect to Syntegrate's personnel. If any applicable law requires you to withhold amounts from any payments to Syntegrate under this TOS,

1. you will effect such withholding, remit such amounts to the appropriate taxing authorities and promptly furnish Sytegrate with tax receipts evidencing the payments of such amounts and
2. the sum payable by you upon which the deduction or withholding is based will be increased to the extent necessary to ensure that, after such deduction or withholding, Syntegrate receives and retains, free from liability for such deduction or withholding, a net amount equal to the amount Syntegrate would have received and retained absent the required deduction or withholding.