Cloudvara™ Terms and Conditions
Liability Disclaimer – It is expressly understood and agreed that Cloudvara LLC terms disclaims any and all warranties and liabilities with respect to services, materials, or equipment supplied hereunder and further disclaims any and all liability for any claim, suit, or liability that arises from or relates, in whole or in part to: (i) services provided or to be provided; (ii) interrupted access to client data; (iii) any failure of any hardware, software, or internet connection to perform as expected; and/or (iv) the use, misuse or loss of client data from any cause. Users agree to defend, indemnify and hold harmless Cloudvara from and against any and all such claims, suits, and liabilities. It is further expressly understood and agreed that Cloudvara disclaims any liability for, and that all users agree to hold Cloudvara harmless from and against, any alleged claim, suit, or liability that relates to or arises from, in whole or in part, any cause beyond Cloudvara’s reasonable control including, without limitation: malicious mischief, fire, flood, earthquake, lightning, strike or labor difficulty.
1. DATA HOSTING SERVICES:
Client understands that Cloudvara takes measures to ensure and assure that all Client data is maintained in a secure environment and is accessible only to authorized users. A client is aware that information maintained with Cloudvara could be subject to interrupted access due to failures relating to software, hardware or Internet connectivity issues. Interrupted access could also be caused by malicious intent or acts of nature. Users agree to hold Cloudvara harmless and indemnified against any and all liability for losses or damages suffered due to situations resulting from interrupted access to Client data.
It is expressly understood and agreed that Cloudvara disclaims any and all warranties and liabilities with respect to services or products supplied by Cloudvara to Client and further disclaims any and all liability for any alleged claim, suit, or liability that arises from or relates, in whole or in part, to work contemplated by Cloudvara. Client agrees to hold Cloudvara harmless from any such claims, suits, or liabilities. It is further expressly understood and agreed that Cloudvara disclaims any liability for, and Client agrees to hold Cloudvara harmless from and against, any alleged claim, suit, or liability that relates to or arises from, in whole or in part, any cause beyond Cloudvara’s reasonable control including, without limitation: malicious mischief, theft, fire, flood, earthquake, labor difficulty or natural disaster.
We guarantee 99.5% service uptime.
The “Systems” is the computer equipment and software that is approved by Cloudvara and used by Customers and contains the Customers’ data and applications located in the United States with industry standard data security including data backup and password protection for authorized access.
“Customer Data” means the data and applications that are owned by the Customers and reside on the Systems.
A “Session” means an active communications connection, measured from beginning to end, between Customer or one of its users, and the Systems.
An “Outage” means the accumulated time during which Customer or any of its users are unable to establish a Session with the Systems, or access Customer Data for reasons other than:
The failure of equipment that is not fully owned, leased or managed by Cloudvara
Scheduled or emergency maintenance performed by Cloudvara initiative
Maintenance or service interruption requested by Customer
Customer’s acts or failure to act in a timely and/or proper manner when notified to do so by Cloudvara
Failures caused by Customer Data
An “Outage” shall not be deemed to occur upon the occurrences of routine maintenance or upon the occurrence of an act outside the control of Cloudvara, such as loss of power at the Customers premises or an act of nature. An Outage will be deemed to commence when Cloudvara has opened a “trouble ticket” to track such an Outage and will be deemed end when Cloudvara has restored the availability of the Systems.
Cloudvara reserves the right to perform scheduled and emergency maintenance as needed. Cloudvara will make commercially reasonable efforts to inform Customer prior to performing scheduled or emergency maintenance. If such notice is not possible, Cloudvara shall notify Customer about such scheduled or emergency maintenance as soon as is practical. Know More