Terms Of Service
Logosys Software Solutions Private Limited (“LOGOSYS”, “we”, “us”) provides cloud platform and configuration services, including but not limited to smart dedicated servers, graphics processing units, object storage, content delivery network service and continuous data protection backup services (“Services”). Except as otherwise indicated, customers using the Services shall be referred to as “you” or “your”.

We provide these Services, subject to the terms of this document (“Terms”). Your use of the Services or your registration with us constitutes your agreement to these Terms. If you purchase our Services through a separate written agreement/master services agreement, these Terms shall be deemed to be incorporated into that agreement, whether it is specifically called out or not. When you access or use our Website and/or the Services, these Terms shall apply and shall be legally binding on you and to your access and use of the same even if not accepted by you separately.

These Terms constitute a binding legal contract required to use our Website and Services. As such, you may only use our Website and Services if you agree to be bound by these Terms. We may modify these Terms at any time by posting a revised version of the same at https://logosys.cloud/terms-of-service.php , on our website (“Website”), and the amended version of these Terms shall become automatically binding on you if you continue to avail of the Services. The amended terms will be applicable even if not accepted by you separately. If you do not wish to be bound by the updated Terms, we request you to stop accessing the Website and the Services and to reach out to us to deactivate your Customer Account. You shall have the responsibility to review these Terms on a regular basis.

1. Definitions

In these Terms, except where the context otherwise requires, the following words and expressions shall have the following meanings:

1.1. “Affiliates” means, in relation to any Person, any entity which Controls or is directly or indirectly Controlled by, or under common Control with, such Person.

1.2. “Applicable Law(s)” shall mean and include any (i) rule of law, statute, bye-law, ruling or regulation having the force of law; or (ii) any code of practice, rules, consent, license, requirement, permit or order having the force of law or pursuant to which a Person is subject to a legally enforceable obligation or requirement; or (iii) any notification, circular or guidelines issued by a regulatory authority; and / or (iv) any determination by or interpretation of any of the foregoing by any judicial authority, whether in effect as of the date of these Terms or thereafter and in each case as may be amended; (v) all the regulations, notification, circulars, guidelines, directives and all other statutory requirements issued by the statutory or Government Authority as may be applicable.

1.3. “Charges” shall mean, unless the Services are being availed by you through free trial facility, the amount payable by you for the Services either through self-service portal available to you via your Customer Account accessible at the link https://zbill.logosys.cloud or provisioned manually by our provisioning team for you and shall be computed on the basis of time-based rate (e.g. per hour or per month etc.) or usage-based rate (e.g. per GB per month applied on peak usage of the calendar month) as may be applicable for the particular service. Further, in case Minimum Billing Amount is applicable for a particular service, the Charges payable by you shall be subject to the applicable Minimum Billing Amount for each calendar month such service is used.

1.4. “Claims” shall mean all actions, suits, proceedings or arbitrations pending or threatened, at law, in equity or before any Government Authority (as defined below) or competent tribunal or court.

1.5. “Confidential Information” means and includes the Intellectual Property and any and all business, our technical and financial information or of any of our affiliates that is related to any of the arrangements contemplated in these Terms or any other agreement in which these Terms is incorporated by reference or otherwise disclosed by us to you. It shall include any information which relates to our financial and/or business operations, including but not limited to, specifications, models, merchant lists/information samples, reports, forecasts, current or historical data, computer programs or documentation and all other technical, financial or business data, information related to its internal management, customers, products, services, anticipated products/services, processes, financial condition, employees, merchants, marketing strategies, experimental work, trade secrets, business plans, business proposals, customer contract terms and conditions, compensation/commission/ service and other valuable confidential information and materials that are customarily treated as confidential or proprietary, whether or not specifically identified as confidential or proprietary.

1.6. “Controlling“, “Controlled by” or “Control” with respect to any Person, shall mean: (a) the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person whether through the ownership of voting share, by agreement or otherwise, or the power to elect more than half of the directors, partners or other individuals exercising similar authority with respect to such Person and (b) the possession, directly or indirectly, of a voting interest of more than 50% (Fifty Percent).

1.7. “Customer Data” means all data, including all text, sound, software, image or video files, and all derivatives of such data that are created by or originated with you or your End Users. You and/or your End Users retain ownership of all and any such Customer Data. The right granted to us to access and use such Customer Data is limited to the sole purpose of providing the Services or for compliance of legal obligations and shall not be understood as granting us any ownership rights thereto or any right to use or transfer, except as specifically provided herein.

1.8. “De-provisioning of Services” in relation to the Services, shall mean termination of the Services being provided to you, release and reallocation of all resources allocated to the Customer and deletion of Customer Data stored on our servers.

1.9. “End User” means any individual or entity that directly or indirectly through another user accesses or uses the Services under the Customer Account. The term “End User” does not include individuals or entities when they are accessing or using the Services or any LOGOSYS services under their own LOGOSYS account, rather than under the Customer Account.

1.10 “Force Majeure Event” includes but is not limited to significant failure of a part of the power grid, significant failure of the internet, systemic electrical, telecommunications or other utility failures, natural disaster, war, riot, insurrection, embargoes, epidemic, outbreak of infectious disease(s) which has an impact of frustrating the performance of the affected party’s obligations under these Terms, pandemic, fire, strikes or other organised labour action, terrorist activity, acts of Government Authority, acts of God, or other events of a magnitude or type for which precautions are not generally taken in the industry and acts/reasons which are beyond the control of any party or any other cause which cannot be predicted by men of ordinary prudence.

1.11. “Government Authority (ies)” shall mean:
  • a government, whether foreign, federal, state, territorial or local which has jurisdiction over LOGOSYS;
  • a department, office or minister of a government acting in that capacity; or
  • a commission, agency, board or other governmental, semi-governmental, judicial, quasi-judicial, administrative, monetary or fiscal authority, body or tribunal.

1.12. “Infra Credit Prepaid Customer” shall mean a customer who gets infra credits which can be used for availing various services being provided by us.

1.13. “Inherent Business Risk” means those risks that are in the ordinary course associated with the provision of cloud services, including but not limited to loss of data due to attack on our servers by Malware, malfunction of our servers and other equipment under our control, malfunction of our software or supporting Third-Party Software.

1.14. “Inactive Customer” shall mean a customer who, at any point of time, has not consumed or utilised any of the Services in the preceding 90 (Ninety) days. If a customer only has free credits/coupons in its Customer Account and it has not consumed any of our services in the preceding 60 (Sixty) days, it will automatically be considered as an ‘Inactive Customer’ for the purposes of these Terms.

1.15. “Intellectual Property” or “IP” includes patents, trademarks, service marks, trade names, registered designs, copyrights, rights of privacy and publicity and other forms of intellectual or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets and any licences and permissions in connection therewith, in each and any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing and “Intellectual Property Rights” or “IPR” shall mean all rights in respect of the Intellectual Property.

1.16. “Losses” shall mean any loss, damage, injury, liabilities, settlement, judgment, award, fine, penalty, fee (including reasonable attorneys’ fees), charge, cost or expense of any nature incurred in relation to a Claim(s).

1.17. “Malware” shall mean any malicious computer code such as viruses, logic bombs, worms, trojan horses or any other code or instructions infecting or affecting any program, software, client data, files, databases, computers or other equipment or item, and damaging, undermining or compromising integrity or confidentiality, incapacitating in full or in part, diverting or helping divert in full or in part an information system from its intended use.

1.18. “Managed Services” shall mean the provision of professional services for additional payment to a customer by us to enable management of cloud computing infrastructure. Unless specifically stated, the Services provided to you shall be deemed to be “Self-Managed Services” and not “Managed Services”.

1.19. “Material Adverse Effect” shall mean any state of facts, change, development, effect, condition or occurrence that adversely affects either party’s ability to perform its obligations under these Terms.

1.20. “Person” shall mean any natural person, limited or unlimited liability company, corporation, general partnership, limited partnership, proprietorship, trust, association, or other entity, enterprise, or business organisation, incorporated under Applicable Law or unincorporated thereunder, registered under Applicable Law or unregistered thereunder.

1.21. “Minimum Billing Amount” shall mean the minimum amount of usage charges pertaining to a particular service provided by us for a calendar month regardless of the actual time-based usage of such service during such calendar month.

1.22. “Refund Policy” means the Refund Policy published on the Website accessible at https://www.e2enetworks.com/refund-policy, as may be amended by us from time to time. The most current version would always be published on the Website.

1.23. “Privacy Policy” means the Privacy Policy published on the Website accessible at https://www.e2enetworks.com/privacy-policy, as may be amended by us from time to time. The most current version would always be published on the Website.

1.24. “Service Level Agreement” or “SLA” means the Service Level agreement published on the Website and accessible at https://www.e2enetworks.com/standard-service-levels, which sets out the service levels that we offer with respect to our Services. This may be amended from time to time at our sole discretion and the most current version would always be published on the Website.

1.25. “TDS” shall mean tax deducted at source in accordance with Applicable Law.

1.26. “Term”. These Terms shall be binding on you from the date on which you begin to avail the Services from us and shall remain valid till you continue to avail the Services.

1.27. “Third Party” shall mean a Person except you and us.

1.28. “Variable Usage Charges” shall mean the Charges that may vary depending on the usage of any E2E service by you and which may increase over a period of time due to increase in use without any explicit action being taken by you to avail such additional usage. For instance, the Variable Usage Charges with respect to the backup services being availed by you shall increase over a period of time based on your backup frequency, the increase in data being backed up on the servers and the peak storage usage in a calendar month.

2. Use Of The Services

2.1. By availing the Services, you are required to comply with these Terms and all other operating rules, policies and procedures that may be published from time to time on the Website, including but not limited to the Privacy Policy, SLA and Refund Policy (“ Company Policies”).

2.2. When you register for our Services with us, you may be required to provide us with some information about yourself, such as your name, email address, and a valid form of payment, and you may also provide other information about yourself on a voluntary basis. The collection of such account-related information, and our use and disclosure thereof, is subject to the terms of our Privacy Policy.

2.3. We may make commercially reasonable updates to the Services and the Company Policies from time to time.

2.4. We may, in our sole discretion, refuse to provide or continue providing the Website and Services to you at any time, for any reason, including but not limited to your failure to comply with these Terms. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any customer accounts or access to the Website and Services at any time, at our sole discretion.

3. Representations And Warranties

3.1. We hereby represent and warrant to you as follows:
  1. We are duly organised and validly exist under the Applicable Laws and have all requisite legal power and authority to provide the Services to you;
  2. We are not insolvent and no insolvency proceedings have been instituted, nor threatened or pending by or against us before any court of competent jurisdiction;

3.2. You hereby represent and warrant to us as follows:
  1. You are duly organised and validly exist under the Applicable Laws and have all requisite legal power and authority to be bound by these Terms. In the event that you are registering for the Services on behalf of an incorporated entity, you represent and warrant that you and the entity are bound by these terms and you are legally authorized to act on behalf of such incorporated entity;
  2. You are not insolvent and no insolvency proceedings have been instituted, nor threatened or pending by or against you;
  3. You have complied with Applicable Law in all material respects and have not been subject to any fines, penalties, injunctive relief or any other civil or criminal liabilities, which in the aggregate has or may have a direct Material Adverse Effect;
  4. There are no actions, suits, Claims, proceedings or investigations pending or, to the best of your knowledge, threatened in writing against you at law, in equity, or otherwise, whether civil or criminal in nature, before or by, any court, commission, arbitrator or Government Authority, and there are no outstanding judgments, decrees or orders of any such courts, commissions, arbitrators or Government Authorities, which materially and adversely effects your ability to perform your obligations under these Terms;
  5. All information disclosed by you in relation to the Services has been reasonably identified and truthfully disclosed to us to the best of your knowledge and there is no misrepresentation in the information being shared with us. You acknowledge that any misrepresentation of information can adversely affect the quality of the Services to be rendered to you;
  6. Our Website and Services are not targeted towards, nor intended for use by anyone under the age of 18 years. By using our Website and Services, you represent and warrant to us that you are 18 years of age or older.
  7. You have had adequate opportunity to read and understand these Terms and agree to be legally bound by them


4. Your Obligations

4.1. Customer Account

4.1.1. You are responsible to monitor the activities under your LOGOSYS account (“ Customer Account ”), regardless of whether the activities are authorised or undertaken by you or your employees or by a Third Party (including but not limited to your contractors, agents or any End Users). We shall not be held or deemed responsible for any unauthorized access to the Customer Account.

4.1.2. You should ensure the setting of strong passwords and access control mechanisms and other data protection control measures prescribed under Applicable law in order to protect Customer Data and prevent unauthorised access to the Customer Account.

4.1.3. You should immediately notify us of any unauthorized use of the Customer Account or any other breach of security and cooperate with our investigation of service outages, security issues or any suspected breach of these Terms.

4.1.4. We shall not be held responsible for any security breach resulting due to your failure to implement and/or comply with security measures or due to any other cause, which in our opinion is beyond our control. All and any liability(ies) arising out of or in connection with such security breach shall be solely and totally borne by you, and neither you, nor your representatives having gained access to your Customer Account or any Third Party gaining unauthorized access to your Customer Account shall have any Claims against us for such liabilities.

4.1.5. You shall defend, indemnify and hold harmless, us, our Affiliates, or any of our respective employees, agents or suppliers (“ Indemnified Parties”), from and against any and all Claims and/or Losses arising out of or attributable, whether directly or not, to such security breach.

4.2. Backup of Customer data: You should take appropriate action to secure, protect and backup the Customer Data including programs, data, software and any other Customer Data. We shall not be under any obligation, while providing the Services to the Customer, under these Terms, to maintain any copy or back up Customer Data.

Notwithstanding that you are availing backup services from us, you shall remain responsible to ensure that adequate back-up is taken by you and to test the accuracy of such back up of Customer Data. We shall not be responsible for the same. Further, you shall be liable to pay us, without dispute, any Minimum Billing Amounts and/or Variable Usage Charges that accrue due to the use of such backup services.

4.3. Use of Licensed Software

4.3.1. You hereby acknowledge that the software provided with the Services, is provided by Third Party(s) (“ Third Party Software ”). All Third Party Software is being licensed to you subject to terms and conditions of an End-User License Agreement (EULA) and you hereby agree to abide by the terms and conditions of the EULA associated with the Third Party Software.

4.3.2. You shall, at all times during the Term, be under the obligation to use the licensed version of the software to be used by you in relation to the Services. You shall not use any pirated software in availing the Services. Further, you shall be solely liable for any Losses or Claims arising out of your use (or use by the End Users) of any unmaintained open source software or any obsolete Third Party Software to run your workloads while using the Services and you shall accordingly indemnify, defend and hold harmless the Indemnified Parties.

4.3.3. If any Claims are made against the Indemnified Parties in relation to use of such Third Party Software by you, your representatives or End Users, without complying with the terms and conditions of the applicable EULA or due to such use of a license beyond the agreed upon or paid-for level, then you shall be liable for such Claims and any Losses arising out of the same, and shall hold harmless the Indemnified Parties.

4.3.4. We shall not be responsible for any Third Party Software, neither shall we be responsible for damage caused by such Third Party Software. Further, we may, in our sole discretion, at your request and on paid basis, configure the Third Party Software with your equipment, and the configuration of such software shall be done as per the instructions of the respective Third Party. Provided however that, this shall not be construed as imposing any obligation upon us to provide such services. We shall not be liable for any damages, whether such damages are direct, indirect or consequential, arising due to configuration of the Third Party Software with your equipment.

4.3.5. You shall be responsible to update any Third Party Software provided with the Services, as and when you receive notification from the Third Party Software provider. We shall not be responsible to ensure such updation and we shall not be liable for any disruption in the Services on account of unforeseen software conflict or bug issues due to your failure to update the Third Party Software.

4.3.6. You shall not remove or tamper with the copyright, trademark or patent notices contained in the Third Party Software.

4.4. You shall document and promptly report all errors or malfunctions noticed by you to E2E. If you provide any feedback in relation to the Services, we shall be entitled to use such feedback to improve our Services, without incurring any obligations towards you.

4.5. You shall ensure that all legal compliances as per Applicable Laws/ applicable regulatory framework as may be required for you to access the Services, are fulfilled by you. You shall be responsible for the security of the Services (including the equipment used to access these Services) being availed by you and at no point of time, shall we be held responsible if the security of the Services or the related equipment employed by you is breached. You shall be responsible to take reasonable measures, including but not limited to encryption of data, for ensuring protection of data stored/uploaded by you through the Services.

4.6. In order to facilitate the provision of the Services, you shall provide us with the required assistance, as reasonably requested by us from time to time.

4.7. You should ensure the availability and stability of the computing environment to support the Services, if and to the extent required in connection with the delivery of the Services.

4.8. Neither you, nor your representatives and/or End Users, shall remove or tamper with the copyright, trademark or patent notices contained in any content provided by us in the course of providing the Services, or in the software provided by us (which shall not include Third Party Software). You shall defend, indemnify and hold harmless the Indemnified Parties from and against any and all Claims arising out of or attributable, whether directly or not, to the violation of this Clause 4.8 by you, your representative and/or the End Users.

4.9. You shall observe proper ethics and transparency in all your actions in the course of discharging your obligations under these Terms and you shall not, in any circumstances, take any action or make any statement that may mislead any other existing E2E customer or prospective E2E customer regarding the Services or E2E itself, or impact E2E’s business or goodwill adversely.

4.10. You shall comply with all your obligations pursuant to these Terms and ensure that all payments due to us are paid in a timely manner in accordance with the due dates mentioned in the invoices/reminder emails sent by us.

4.11. You are responsible to monitor the functioning of resources utilised on your cloud server for the purpose of accessing the Services, and to undertake appropriate action to resolve any issues with respect to such server resources. In no event are we responsible to monitor or maintain such server resources.

5. Seizure Of Data And Hardware

5.1. You agree that in case of any seizure of hardware provided by us to you for storage of any data or information pursuant to the Services, by any Government Authority, for the purpose of an investigation against you, your employees, agents or End Users, or for any other purpose as per the requirement of the Government Authority, you shall be liable to pay, without any protest or demur, upfront (i) the cost of providing such data or information to the Government Authority, and (ii) the cost of server or equipment seized by the Government Authority.

5.2. Further, you agree that we will not be liable to make any backup or copy the Customer Data stored on E2E’s server or equipment and you will not raise any Claim for loss of data including a monetary claim against us on account of loss of data. In case of seizure of hardware or data or both by the Government Authority, we will not be liable to inform you about such seizure of hardware or data or both, prior to or at the time of seizure of hardware or data or both by the Government Authority. Further, the Government Authority may provide such instructions for seizure of data or hardware or both through any mode of communication, whether in writing or by oral communication, and we will not be required to produce a copy of the written order of the Government Authority before the Customer.

6. Business Risk And Losses

6.1. You agree and acknowledge that the Services provided by us have Inherent Business Risk and such Inherent Business Risk may be beyond our control, and you may incur losses including but not limited to direct and indirect losses. We will not be liable, in whatever manner, for any losses incurred by you due to the foregoing. You hereby assume all risks arising out of the provision of the Services to you, your agents (including contractors and sub-contractors) or employees and shall indemnify, defend and hold harmless the Indemnified Parties from any and all Claims and/or Losses, caused by or arising in connection with any use or abuse of the same.

7. Third Party Audit

7.1. You acknowledge that in respect of licenses/software acquired from Third Party(s), an audit may be conducted by competent Third Party(s) duly authorised to conduct the audit (“ Competent Third Party (ies)”) during the Term and you agree that in case of such audit being initiated by Competent Third Parties, you will cooperate and provide relevant information required by the Competent Third Parties. All our customers are expected to cooperate in case any Competent Third Party conducts an audit on our infrastructure, which shall include the cloud service platform provided by us. You will provide all information as may be requested by the Competent Third Party, which may include verification of licensing compliance, evidence of licenses for products used by you, etc. Further, in case you do not cooperate for the conduct of a Third Party audit, and fail to provide all information necessary for the proper conduct of such Third Party audit, then we, at our sole discretion, shall have a right to terminate the Services.

8. Regulation Of Use Of Services

8.1. Customer Data: You hereby acknowledge that we exercise no control of whatsoever nature over the Customer Data. You represent and warrant to us that you have the right to transmit, receive, store, or host, using the Services, all Customer Data that you so transmit, receive, store, or host on our cloud platform. Further, it shall be your sole responsibility to ensure that you, your representatives and End Users who transmit, receive, store or host the Customer Data, comply with Applicable Law, and with any other policies published by us on the Website from time to time, including but not limited to the Company Policies. You will be solely responsible for the development, operation, maintenance and use of Customer Data.

8.1.1. End User Customer Data: You shall be responsible for the End Users’ use of the Customer Data and the Services and shall ensure that all End Users comply with your obligations under these Terms and Company Policies. Further, you shall ensure that the terms of your agreement with each End User is consistent with the terms of these Terms and the Company Policies. If you become aware of any violation of your obligations under these Terms caused by an End User, you should immediately suspend access to the Customer Data and the Services by such End User.