Vaultastic Service Level Agreement- SLA
Table of Contents
This is an agreement between you, the buyer of the service (the "Customer") and Mithi Software Technologies (or based on where you live, one of its affiliates) that describes your rights to use the software and services identified in this section. For your convenience, we have phrased some of the terms of this agreement in a question and answer format. You should review the entire agreement because all of the terms are important and together create a legal agreement, once accepted by you, that applies to you.
Revisions to the SLA
|Date||Summary of key changes|
|3rd Jan 2019||
|5th Oct 2018||
|3rd Oct 2018||
|19th June 2018||
|14th May 2018||
|26th Feb 2018||
Scope of the agreement, acceptance, and changes
What is the Purpose of this document?
This document describes the services and conditions related to the Vaultastic Service and does not apply to, nor describes any other Mithi product or service.
The use of the Vaultastic, Cloud Email Archival Service is subject to acceptance of the terms and conditions of the applicable Mithi License Agreement of Mithi Software Technologies pvt. ltd. or a licensed affiliate (“Mithi”). This document shall be an integral part of such License Agreement. The terms and conditions of the Mithi License Agreement shall apply to the use of the Service described in this document. In the event of a conflict between the terms of the License Agreement and those of this document, those of this document will prevail. All other terms and conditions of the License Agreement will remain in full force and effect.
How do you accept this agreement?
By using or accessing the services, or by agreeing to these terms where the option is made available to you in the user interface, you agree to abide by this agreement without modification by you. If you don't agree, you can't use the services.
Can Mithi change these terms after you have accepted them?
Yes. From time to time, Mithi may change or amend these terms. If we do, we'll notify you, either through the user interface, in an email message, or through other reasonable means. Your use of the services after the date the change becomes effective will be your consent to the changed terms. If you don't agree to the changes, you must stop using the services and cancel any paid services by following the instructions in section Canceling the services. Otherwise, the new terms will apply to you.
What types of changes can you expect to the services?
We continuously work to improve the services and may change the services at any time. Additionally, there are reasons why Mithi may stop providing portions of the services, including (without limitation) that it's no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. We may release the services or its features in a beta version, which may not work correctly or in the same way the final version may work.
Service Description and Scope of the Vaultastic Service
How does the Service work?
- The Service is an archival service, which stores a copy of every mail sent and received by an email system, on the cloud, referred herein as “the Service”.
- The service can be configured to archive mail from ConnectXf, Mithi SkyConnect, Google Aps, Microsoft O365, and other email platforms
- The service is available in different plans to suit different requirements, primarily based on mail retention criteria.
- The service is capable of receiving mail from most popular primary email systems on the cloud and also if they are deployed in premise. During on-boarding of in premise deployments, the IP address of the source server would need to be configured as a trusted IP address in the security configuration of the service.
- The service offers the users and administrators a self service portal to manage their accounts, search for mail from the archive store, restore mail selectively and restore all the contents of the archive account for recovery and compliance.
- The service allows users to recover all the mail from the archive using an export option, with options to receive the data in multiple formats.
- The service retains mail in the archive depending on the retention period as per the chosen purchased plan.
Mail meant to be archived are pushed by the Primary mail server to Vaultastic using the journaling capability on the Primary mail solution.
This means, there are two systems involved to ensure that 100% of email is archived - one, the Primary mail solution (o365, GSuite, Zimbra, SkyConnect, or whatever) and two, the Vaultastic platform.
As owners and publishers of the Vaultastic platform, it is our responsibility to ensure that once a mail reaches our platform, it will be archived successfully and if for any reason the mail cannot be archived, the transaction will be recorded to provide an audit trail.
Since the primary mail system is outside our control, it is obvious that we cannot be held responsible for mail not archived due to misconfigurations or some changes on the primary mail platform, which impact the behaviour of the journaling capability. Essentially this covers upgrades, updates, misconfigurations, changed configurations or any other change which impacts the journaling capability on the primary mail solution
What are the Service Limits (shared)?
The following shared limits/conditions apply to all Customers alike
- Bandwidth to our servers is Unmetered but limited to the policies in force with our cloud infrastructure provider. Normally the limits offered by the ISPs are more than sufficient for normal functioning.
- The maximum size of any inbound mail accepted by the archival service for storing in the Archive is 45MB. This is a very generous limit and has been designed keeping in mind the limits imposed by most popular and widely used email platforms.
- There is no restriction on the number of recipient email ids in a mail which is received by the service.
- System logs are retained only for 7 years as a policy. This means that any investigation or diagnosis can only be done on information collected over the last 7 years. It may be noted that the logs are maintained in a hierarchical storage, which implies that accessing older logs may take a longer time and would therefore impact response time on investigation tickets needing access to very old logs.
- For users on the Continuity, Tracer or Durability plan, the storage available has no limits, however the maximum number of mail in a vault cannot exceed 1 million (this is equivalent to about 40 years of mail for an average business user)
- Durability users can upload/import upto 10 GB of historical email data into the vault as part of the plan. You may choose to import more data if required, but you will be billed a recurring extra charge per GB per year as the holding price for this extra data beyond 10 GB.
- All data which is imported into Vaultastic using any means attracts a one time charge per GB to cover costs of compute, services, temporaray storage, indexing etc.
- For each plan, users can export data upto a defined limit in a year. If the user exceeds that within the year, a pro rata bill is sent for the extra usage, priced per GB.
How are Backups taken on the Service?
The service is configured to backup the entire node (as a snapshot), once a day to facilitate disaster recovery. The information on the node includes the directory information, Customer and User accounts, filters, logs, and other server and domain level configurations required for the Service to function.
The archived mail data is stored on a highly durable and reliable cloud storage, which is inherently redundant across multiple data stores and provides multiple 9’s of durability. This essentially means the data store is nearly 100% available and durable.
What all customizations can you do on the Service?
Customisations possible to the Vaultastic web client (self service portal) are listed and available from the Administration Panel.
What is a Vaultastic account?
To access portions of the Archival services covered under the Vaultastic brand, you will need a Vaultastic account. The Vaultastic account, is the credentials you will use to authenticate with our network. Mithi will create this account for you once you sign up for the services. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your Vaultastic account.
What if you can't access your Vaultastic account?
If you've forgotten your administrator password or otherwise can't access your Vaultastic account, you can get help from the online password recovery tool via the sign in page. If you are still unable to gain access to your account, you can approach our help-desk, as described in the Support section of this document, to help you reset your password. Please note that if your password is stolen, Mithi cannot guarantee that your Vaultastic account and the data within, will be safeguarded. We recommend deploying all the password policies available to help you keep up with the best security practices and secure your account.
License Regularisation Policy
Vaultastic incorporates a License Manager, which is a software component in the application that helps you manage the usage of the software based on a License Key.
The License contains the details of your purchase viz. the number of users for each plan and the validity period.
Once the number of users exceeds the limit set by the key, the administrator won’t be able to add more users. However, the end user functions will be unrestricted.
The license also holds a validity period. When the license expires, the administrator won’t be able to perform any changes or onboard new users, via the administration console. The end user functions will be unrestricted for a period of 15 days after the license expires. If the license is not renewed within 15 days of the license expiry, the customer account and all associated data and archive mail data will be automatically marked for deletion and cleared during the scheduled data cleanup times of our system.
Validity of the licenses
The validity of the license is determined by the subscription period and the payment terms. It is set or updated as given below.
A license for the purchased number of users and plans will be applied for a period of one month starting from the date of the PO. This is to provide a buffer to cover the deployment & onboarding period. Please note, your subscription period will ONLY start once the deployment is complete.
Addition of licensed users
To update the number of licensed users, you need to purchase a new key from Mithi with the additional users. On placing the PO, the license will be updated with the additional users and an invoice will be generated for the additional users on a pro-rata basis. The validity period of the license will be automatically changed to end 15 days from the date of invoice. Once the payment is received and applied to your account, the license period will be reset to the original period.
Deletion of licensed users
If users are deleted from the system, the license count is updated automatically to reflect the availabilily of additional seats/users. You can use this to onboard new employees/email ids. Please note that since you would have already paid for these users via an advance subscription charge, then this does not qualify for a refund.
Disabling licensed users
Vaultastic allows you to disable users, such that all activity on the account is suspended while their data is held intact until you delete the user or your subscription is cancelled. Since there is a carrying cost to disabled users, they count as fully active users and do not impact the license count.
License update within the subscription period
Once you go-live, the license will be updated to reflect the subscription period and payment terms.
So if you are on an annual payment plan and have subscribed for a year, a 15-day license will be applied to cover the time required to release the payment. On the receipt of the payment, the license will be updated such that its valid for a year from the go-live date.
Suppose your subscription is for a year and the payment terms are monthly, then on receipt of the first payment, the license will be updated to be valid for a month from the go-live date. Subsequent payments will update the license end date to the next month. Similarly, if the payment terms are quarterly or 6 monthly, on receipt of payment, the license is updated to be valid till the next payment date.
License update at the end of a subscription
The license applied will also depend on the subscription period. So if you have subscribed for the service for a year, then the license applied will not go beyond the subscription end date. The license will be updated only on the renewal of the subscription.
We know you are busy and so our system starts reminding you 30 days before the expiry date and follows up with reminders up to 15 days after the expiry date (a total of 45 days). In some rare situations, if you need some extra time to cover any internal process delays to release the PO, please do inform us and we would be happy to consider an extension.
One Vaultastic user corresponds to one Primary email system user
Vaultastic works by archiving mail as per the user/mailbox on the primary email system. So one user on Vaultastic corresponds to a single user on the Primary email system. Thus, while creating a user on Vaultastic, you have to specify the primary email id of that user. E.g. if you create a user "email@example.com", you would need to configure her primary email address, which is "firstname.lastname@example.org".
Please note that you cannot archive mail for multiple email users into one user in Vaultastic. This is prevented through a system in Vaultastic, where a user in Vaultastic can only receive mail, which corresponds to the mail sent or received by the configured primary email account. All other mail coming to that user on Vaultastic are automatically rejected.
In addition, we have traffic monitoring systems in place, which will throw up an alert if such flow is observed. Mithi reserves the right to suspend or terminate the service for your account if such unnecessary mail flow is observed.
Thus e.g. if you would like to safe keep mail of 50 users in your organisation, you would create 50 users in your Vaultastic account (recommended to do this with the same user id as on the Primary mail system) and start archiving mail for these 50 users from your primary email system.
Who owns the content that you put on the service?
Content includes anything you upload to, store on, or transmit through the services, essentially email which is archived and its attachments ("content"). We don't claim ownership of the content you store on the service. Your content remains your content, and you are responsible for it. We don't control, verify, pay for, or endorse or otherwise assume any liability for the content that you and your users store on the services. You represent and warrant that for the duration of this agreement you have (and will have) all the rights necessary for the email content you store on the service and that the use of the content won't violate any law.
Who can access my content?
Only you and your users can access your content. Please note that if there is an investigation from a government authority regarding your content, we may be required to submit portions or all of your content to them. This is after we have received an authorised and official request from the investigation agency in writing.
What does Mithi do with your content?
Mithi has no reason to access your email content manually for any purpose what so ever. During the course of its flow the email content is passed through automated filters, scanners, and tools for detection of virus and malware, generating automated MIS reports, monitoring any misuse, etc. If any detailed troubleshooting is required, our team will be requesting you for samples, headers, relevant portions of the content to aid in the deep diagnosis. When you store your content to the services, you agree to the above mentioned conditions.
What type of content isn't permitted?
Content that violates this agreement and the Mithi Code of Conduct or your local law isn't permitted on the services. Mithi reserves the right to review content for the purpose of enforcing this agreement. Mithi may block or otherwise prevent delivery of any type of email, or other communication to or from the services as part of our effort to protect the services or our customers, or otherwise enforce the terms of this agreement.
Can Mithi remove your content from the services?
Yes. We may ask you to remove your content from the services if it violates this agreement or the law. Failure to comply may result in loss of access to, or cancellation of, the services or your Mithi account. Additionally, Mithi may remove your content without asking you if we determine it's in violation of this agreement or the law, or if we receive a notice of intellectual property infringement from a third party.
Conditions of the Service
- 1. To use the Service, Customers must have an email system which is connected to the Internet and has the capability of diverting a copy of every mail sent and received by a user. Typically this capability to send a copy of every mail sent and received is a user attribute on most email platforms. Depending on the source of the email (your primary email platform), and the connector deployed in Vaultastic, it may be required that your email originate from a fixed IP address. This will be used to secure the tunnel between your primary mail platform and Vaultastic. Our service team will explain the requirement to you during the on-boarding phase.
- The Customer must have access to a browser application supported by the Service to use the Web-based administrative console. End users must have access to a supported browser application to access the self service portal offered by the Service.
- The Customers of this service understand that the email traffic (sent and received) for users configured to archive mail, is routed to the Vaultastic archive storage on the cloud via the Internet.
- The Customer must provision valid users, for whom archiving is to be enabled. This information is necessary so that only mail for valid configured users is accepted by the Vaultastic system. This also provides adequate protection against bulk mail attacks such as Directory Harvest Attacks and bounced mail attacks. It is the responsibility of the Customer to maintain an accurate list of email users on the Service. Mithi deploys a license to help the customer stay within the purchased limits and to track subscription periods.
- The service assumes that the primary email system is adequately protected from spam and virus in email. This implies that the mail which reaches the Vaultastic platform for archival should be clean. The service deploys protection mechanisms to guard against SMTP attacks. All or any part of the Service may be suspended if bulk email or spam is sent through the Service until such use of the Service is terminated.
- The Customer shall take all necessary measures to ensure that it and all of its employees are aware of any responsibilities that pertain to them in relation to any applicable data privacy and protection laws and/or regulations. Mithi has no control over the content of the emails processed by the Service.
- In the event that the Customer believes it is entitled to a remedy in accordance with this document, the Customer must submit a Remediation Request within ten (10) business days of the end of the calendar month in which a specified Service level was not met. The Remediation Request and all supporting material must be submitted to email@example.com. Subject to verification of such entitlement by Mithi, Mithi will issue a credit or payment to the Customer in accordance with the appropriate provisions of the specified Service level. Any questions concerning the contents of this document can also be submitted to the same email address.
- The Customer recognizes that logs and other records are only kept for a limited period of time and therefore any Remediation Request submitted after ten (10) business days following the end of the applicable calendar month will be deemed invalid.
- All claims must be verified by Mithi’s internal logs, records, or provision of appropriate email documentation or in information provided by the Customer as reasonably requested by Mithi to determine the merit of the Remediation Request. The Customer must provide information that is reasonably requested by Mithi to assess the claim within five (5) business days or the Remediation Request will be deemed invalid.
- To submit a Remediation Request, the Customer must be a Paid Customer for a minimum of 30 days; the Customer must have the Service configured based on Mithi’s recommended standard setting as outlined in the Getting Started Guide or in other documentation that is published from time to time, prior to the incidents listed in the Remediation Request.
- Remediation Requests are not valid if the claim is based on incidents caused by the following: Scheduled Maintenance; non-availability due to force majeure; acts or omissions by either the Customer or a third party; Network issues at the Customer end (ISP quality and availability); and suspension of Service by Mithi in accordance with this document.
- The remedies set out in this document shall be the Customer’s sole and exclusive remedy in contract, tort, or otherwise related to the levels of Service as provided in this document.
- The maximum cumulative liability of Mithi for all Service levels contained in this document in any calendar month shall be no more than 100% of the monthly fee paid by the Customer for the Service.
- The Service is hosted twenty-four (24) hours a day, seven (7) days a week on the AWS Cloud. The Service systems, network, and capacity are continually monitored to provide optimal availability and efficiency to Service Customers.
- Subject to applicable legislation, Mithi may provide any part of the Service from any data center or cloud region anywhere in the world. In addition, at any time and for any reason, Mithi may transfer the Service provided to the Customer from one data center or cloud region to another. Mithi does not guarantee that any Cloud region, or part thereof, is dedicated to the sole use of the Customer, unless otherwise specified in writing.
- In relation to the Customer’s inbound email that is routed to the Service for the purpose of Archival, “Service Availability” pertains to the Service’s ability to receive the Customer email, subject to the correct configuration by the Customer of their primary email service/system, network or any intermediate system in between, as per the Vaultastic guidelines.
- In relation to the Customer’s access to the administration console or the self service portal, "Service Availability" pertains to the Customer being able to access the administration or end user portal, anytime, 24/7. Our platform is monitored 24/7 by digital eyes and ears and the response time and quality of each active service is continually monitored. In case of an unusable service (slow or total outage), the system logs/records it as an event. These events are used to compute the total service availability in a period.
If in any calendar month, Service Availability is calculated to be below 99.9%, the Customer will be entitled to a percent credit based on the parameters listed in this section against the pro-rated fees paid to Mithi for the calendar month in which the non-availability occurs. Such credit shall be pro-rated to cover the number of users affected by the non-availability.
Percentage Availability per Calendar Month Percentage Credit of Monthly Charge < 99.9% but > 99.0% 20% < 99.0% but > 98.5% 40% < 98.5% but > 98.0% 60% < 98.0% 100% and termination at Customer’s discretion
- In the event Service Availability falls below ninety-eight percent (98%) in any calendar month, the Customer shall be entitled to terminate the Agreement forthwith and receive a pro rata refund of unused prepaid fees. Such termination shall be the Customer’s sole and exclusive remedy in contract, tort, or otherwise with respect to Service availability.
- Remediation Requests submitted pursuant to this section are not valid if the claim is based on incidents caused by the following: (a) Scheduled Maintenance; (b) non-availability due to force majeure; (c) acts or omissions by either the Customer or a third party; and (d) suspension of Service by Mithi in accordance with this document.
- Measurement of Service Availability will be based on alerts and logs recorded through the Vaultastic network monitoring system. If a Customer submits a Remediation Request relating to Service Availability, Mithi will issue a report with information on the Service Availability measurement for the pertinent time period to determine the validity of the Remediation Request.
- Scheduled Maintenance of the Service must occur periodically to ensure on-going efficiency. “Scheduled Maintenance” means a period of maintenance of which the Customer has been given at least one (1) days prior notification by Mithi and which may cause disruption of the Service, including unavailability of the Service. Whenever possible, scheduled maintenance will be conducted without affecting the Service provided to Customers. Whenever possible, Scheduled Maintenance will be conducted during periods of anticipated low email traffic and will be conducted on part, not all, of the network at any one time to minimize the disruption to the Service.
- Unscheduled downtime is defined as those times when the Service is unavailable and not able to process email traffic. This does not include those times when the Service is undergoing Scheduled Maintenance as described in point 7 above. Mithi will inform Customers as quickly as possible following the onset of unscheduled downtime.
- If at any time the continued availability of the Service would compromise the security of the Service due to, but not limited to, hacking attempts, denial of service attacks, mail bombs, or other malicious activities either directed at or originating from the Customer’s domains, the Customer agrees that Mithi may temporarily suspend the Service to the Customer. In such an event, Mithi will promptly inform the Customer and will work with the Customer to resolve such issues, reinstating the Service at the earliest opportunity. These will not constitute unscheduled downtime
The Service Level Guarantee shall not apply to the following performance issues:
- Caused by factors outside of Mithi's reasonable control, such as but not limited to network bottlenecks, ISP throttles on certain ports, VPN connectivity issues, etc.
- That resulted from any actions or in-actions of the Customer or any third parties, such as but not limited to end point upgrades, firewall upgrades, reconfigurations, etc.
- Any Network outage arising out of Virus / Denial Of Service attacks and / or the usage / utilization in excess of 80% of the contracted bandwidth (rate-limit customers) / capacity of physical link.
- That resulted from the Customer's software and / or third party software, not within the control of Mithi, such as but not limited to connectivity and performance of ADS servers, ADFS servers in the cloud, connectivity between AD master in premise and the ADFS in the cloud, password changes on the ADS systems, etc.
- Caused by a Force Majeure event.
- Planned / Scheduled Maintenance for which Mithi had provided an advance notice.
- Any restrictions placed / imposed upon Mithi by the Customer, which prevent or delay the performance of Mithi's obligations.
What happens if you don't abide by these terms?
If you violate this agreement, we may take action against you including (without limitation) removing your content from the services, suspending your access to the services, asking you to refrain from certain activities, canceling your services, and/or referring such activity to appropriate authorities. Additionally, we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers. In the event we take action against you for a violation of this agreement, we may permanently delete, and you may permanently lose some or all of your content stored on the services and/or we may cancel your services in its entirety. Data that is deleted may be irretrievable.
Are there other ways you could lose access to the services?
Yes. If you sign up for a paid portion of the services and fail to make an on-time payment, we may suspend or cancel that service (see Canceling services section for more details)
How can you terminate the services?
You may terminate the services at any time and for any reason. To cancel a paid portion of the services, see section Canceling Services. If you are canceling your services, your account will remain active for a period as per terms listed here, and the quickest means of eliminating/downloading your content, which is on the services is to manually remove it from the various components of the services (for example, manually download your email. For any help required with this, please contact our team on the service desk. However, please note that while content you've deleted or that is associated with a closed account may not be accessible to you, it may still remain on our systems for a period of time.
What happens if your services are canceled or terminated?
If your services are canceled or terminated (whether by you or us), your right to use the services stops immediately and your license to use our software ends. If your service is canceled or terminated, we may permanently delete your content from our servers and we have no obligation to return content to you.
Payments to Mithi
Vaultastic's pricing is based on a Fixed + Variable model. The fixed plans come at a price with some allowances and limits. The limits and allowances cover the volume of historical data to be imported, migration charges and export of data from the console. Any usage beyond these limits is billed on a prorata basis in arrears on the month end.
For active users of your enterprise, the Vaultastic licensing model is a per user license with retention period as the main critirion differentiating the various plans. So each user on your primary mail platform gets a corresponding Vault (Vaultastic account) to hold all the email of that user. You may choose between the 3 plans of Continuity, Tracer or Durability for that user. You can also mix plans to suit the role of the users.
For inactive users or ex-employees, Vaultastic provides a storage based licencing plan, HOLD, which retains mail of all your inactive users in a single vault, limited only to the amount of storage purchased for the HOLD plan.
If there is a charge associated with a portion of the services, you agree to pay that charge. The price stated for the service excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the services if we don't receive an on time, full payment from you. Suspension or cancellation of the services for non-payment could result in a loss of access to and use of your account and its content.
Your billing account
To pay the charges for a service, you will be presented with an electronic invoice before the payment is due.
Renewals and Payments
All renewal formalities for subscription/AMC to be completed before the due date for Renewal. The payment for the above, to be remitted on or before the due date for Renewal. The CRM system will automatically initiate a reminder regarding a due renewal in advance to provide you with enough notice to work your processes with approvals etc. If for any reason, the Renewal order and/or any Payment due to Mithi is delayed more than 7 days beyond the due date:
Mithi would be suspending support to your organisation which means that you will not be able to
1) Receive a response to tickets raised on our helpdesk,
2) Receive Emergency support during any outage or server failure,
3) Receive a response to phone calls for Emergency support 24/7 (for Priority customers) Mithi would not be refreshing any subscription certificates, which means that you may lose access to the administration interface or may not be able to add users
If the renewal and payment thereoff is delayed more than 15 days, beyond the renewal due date: Mithi would be cancelling your account on the service and all your data including archived mail would be deleted permanently. For all delayed payments, Mithi would charge an interest of 24% annual.
We may change the price of the services at any time and this will be updated on our website. However, please note that your price is protected by your contract and price changes done midterm of a contract will not impact the ongoing contract for any customer. You will continue to pay as per the agreed terms and prices. At the point of renewal the new prices become active and come up for discussion.
If you cancel your services midway with reasonable justification of deficiency of service to the extent that your users are unable to use the service, Mithi may consider refunding the prorata portion of the remaining period of the already paid for services (e.g. if you have paid for a year and you decide to terminate the contract after 6 months, the refund due would be only for the amount for 6 months). In any case, the claim will be limited to a refund not exceeding the customers purchase price for the product or service.
Cancelling the services
You may cancel the services at any time, with or without cause. Unless otherwise required by the law of your jurisdiction, you should refer back to the offer describing the services as
(i) Refer to the Refund policy clause in this contract
(ii) You may lose access to and use of your account when you cancel the services. If you cancel, your services end at the end of your current service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs.
Payments to you
If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
Internet access services and charges
The service does not include Internet access, you are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the services. If you access the services through wireless devices (for example, mobile phones and tablets), your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the services through any wireless or other communication service.
Limitation of liability
If Mithi breaches this agreement, you agree that your exclusive remedy is to recover, from Mithi or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to the prorata portion of the remaining period of the already paid for services (e.g. if you have paid for a year and you decide to terminate the contract after 6 months, the refund due would be only for the amount for 6 months). In any case, the claim will be limited to a refund not exceeding the customers purchase price for the product or service in the running and active contract. You can't recover any other damages or losses, including, without limitation, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this agreement such as loss of content; any virus affecting your use of the services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability; negligence; misrepresentation or omission; trespass; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.
Definition of who can ask for support
Mithi's helpdesk is available for the customer as defined in the description of terms above. In your company, you would have a group of IT people, who manage the setup and also support your end users, viz internal/user customers. Mithi does not directly support the end users in your organisation. Mithi will only support your IT team via a single registered email id/group id. This means that only mail from registered email ids would be treated as valid inputs and would be logged as tickets in our system. To support your end users, you may want to setup an internal help desk system.
Support Incident Process
Mithi is committed to resolving customer problems quickly and professionally. When you contact Mithi:
- Every service request is logged into the Help desk system and is accessible to all Service Team members.
- The tickets are sorted into separate queues depending on the type of request. The queues through which your ticket can flow are
~ L2 escalation
~ L3 product escalation
~ Preventive work to be initiated
- The Services Team assigns case priority based, in part, on the Severity Level that you indicate or we analyse
- After reasonable troubleshooting, an unresolved case will be escalated to Engineering directly for resolution (L3).
- Enhancement and bug requests also funnel in through the same ticketing process. Typical resolution for enhancements will be bugs filed with Engineering who will work with the Support team to provide target release dates.
- Cases initially opened via email will be assigned a Severity Level of Sev-4.
Remote access to user clients - policy
Sometimes we come across situations where the end users are facing some challenges with their access to the self service portals and even though we attempt to support these situations via instructions provided remotely, in some rare occasions we may need to suggest that the customer allows us to access the client's PC remotely so we can get a first hand view of the problem faced by the user. This is typically done using some screen sharing software like AmyAdmin or GotoMeeting, etc.
While we will make all possible attempts to avoid this, for some chronic situations, it may still be required to do this. For all such situations, please take note of the following policies governing this access.
- It is upto the customer to ensure privacy of the data residing on the client PC. We advice that the user or administrator always be available and looking at the PC to audit what all our operators are doing. Please DO NOT leave the PC unattended while a remote investigation is in progress.
- We advice and require that all applications and all windows on the PC, except the client application being investigated, be switched off.
- We require that during the investigation, the user should not be doing any operation on the PC whatsoever. If the user needs the PC urgently, we would log off the session and continue at a later time.
- Mithi will not entertain any complaints of any kind related to privacy violation since this exercise is to be conducted in mutual agreement, at a mutually convenient time and when both parties are working on the PC together.
Problem Management process
For every ticket which is reported by customers, the following action is taken once the ticket has been responded and resolved using the Incident management process. The bias is towards prevention.
Depending on the RCA done for the reported incident, one or more of the following actions are triggered to prevent such incidents from recurring
a. Knowledge Base: If the incident is not already documented in our KBase, it is added as a Troubleshooting or How to topic
b. External Training: Sending useful information to the customer to educate them and also walking them through the resolution to Train their team
c. Internal Training: Mithi runs a edaily training program for the services team members. This incident gets added as a topic to discuss.
d. Product defect/enhancement: The product team is informed of the incident so they can consider changing the product interface/behavior to prevent recurrence.
e. Process enhancement: The deployment and Reconfiguration processes may need a change to prevent such incidents.
|Activity||Maintenance and Management|
|L0 - Self Help||Customer may use the Self Help tools provided by Mithi to perform the desired maintenance task using their internal resources.|
|L1 - Service Desk||Customer may open a ticket in Mithi's help-desk system to report an issue or query regarding their running setup. The response time is decided by the incident type and support type included in the subscription. Refer to table below for more details on response time. The charges for this are included in subscription|
|L2 - Escalations||If the issue is not being resolved in a timely manner or in a satisfactory way, either the customer or Mithi's L1 support staff, may escalate the issue to an L2 support manager (Mithi senior person). The escalation matrix is provided below in a separate table.|
|L3 - Product Escalations||If the issue has been reviewed by an L2 support manager and needs intervention by the product team, it is internally escalated to the Service delivery Manager (L3) who inturn will review the ticket and escalate it to the product team for a resolution. Meanwhile the support team will try and provide a work around or first aid to keep the system running smoothly.|
Ticket retention policy
Mithi will retain closed/resolved tickets for a period of upto 3 months earlier than today. All tickets older than 3 months would be deleted from the system. This would be done as part routine cleanup to maintain high performance of the ticketing system. If as part of your process, you need historical data of more than 3 months, you may need to establish a system to capture and store this at your end.
Mithi’s support desk is available 24/7/365 for all our customers and ongoing trials and this support is provided via email and Phone.
Response and Resolution times
In order to prioritise issues and define standard response types and windows, Mithi works on a severity system. Below is a table of severities/response times that Mithi will endeavour to provide in respect of Vaultastic, email archival service hosted on the AWS cloud:
|Severity Level 1 (S1-Show stopper)||
Critical Service Outage
The Service is unusable and work practices are severely impacted. This may be due to the production system being down, unreachable, or unusable.
A critical production service – such as access and mail delivery is down or not responding. Your business operations have been severely disrupted. More than 50% of users on a platform or server are affected.
A service outage does not include the loss of connectivity or access for a single or relatively small subset of users, and a service outage should only be filed on cases thought to be problems with the server or service. S1s cannot be filed on a case thought to be a problem in a messaging user agent.
|1 hour||4 hours||24 hours|
|Severity Level 2 (S2-Major Functionality impaired)||
The Service has considerably degraded performance.
Operations can continue in a restricted fashion, although long-term productivity might be adversely affected. The business is considerably affected.
|1 hour||12 hours||72 hours|
|Severity Level 3 (S3-Minor Functionality impaired)||
The Service has slightly degraded performance.
Minor functionality not working – workaround available. Partial, non-critical loss of functionality of the software. Impaired operations of some components, but allows the user to continue using the software.
|1 hour||Next Business Day||N/A|
The Service is unaffected by misspellings or monitoring errors.
Means minor errors, bugs or misspellings in the Service that do not impact on the business or the program function.
|Next Business Day||Two Business Day||N/A|
The Vulnerability is remotely exploitable and no workaround is available.
Mithi notifies customer of the intention to patch and schedule of what patching is to be performed.
|Next Business Day||Next Business Day||N/A|
*Severity 1 incidents not in the control of Mithi (3rd party incidents) are subject to that provider's response/repair window; example: Amazon Web Services (AWS)
Mithi Response and Resolution time warranties
(a) If Mithi does not Acknowledge or Respond to more than 3 confirmed Severity 1 level issues within the timeframes (as defined in the table above), in one calendar month, it will provide a 10% rebate on the subscription fees for the impacted service/s as a Service Level Credit.
(b) If Mithi does not Acknowledge or Respond to more than 6 confirmed Severity 1 or 2 level issues with the timeframes (as defined in the table above), in one calendar month, it will provide a 20% rebate on the subscription fees for the impacted service/s as a Service Level Credit.
(c) If the Customer disputes the classification of a Severity 3 or 4 level fault (as defined in the table above) and the issue is impacting Service performance or availability, the Customer can request in writing (including via email) that the fault be escalated to a higher level severity. Mithi must acknowledge and respond within the Severity 3 or 4 level timeframe (as set out in the table above) with a reclassification of the Severity level or the Customer’s requested classification will automatically prevail.
Deployment & Migration time frames
Mithi will use its best endeavors to deploy Vaultastic by 5pm on the Business Day immediately following the Business Day on which the Customer placed the order, provided that the order was placed before 12pm and that the Customer has supplied all relevant and correct details required to allow Mithi to correctly deploy the Service.
Migration of historical data can continue in parallel and is likely to take a while depending on the data size and method chosen to upload the data. Vaultastic provides a console and documentation to help your team perform this migration (DIY) on an ongoing basis.
Contacting Mithi Helpdesk
Please use this information to contact the concerned people after you have opened tickets and have monitored the ticket for a response.
|L1 & L2 service desk||Help desk||Support firstname.lastname@example.org (24/7)
+91 20 67043430 (Mon-Fri 8AM to 8 PM IST)
+91 98224 07208 (24/7)
|L3 escalation||Anita Joshi||Head - Servicesemail@example.com (Mon-Fri 8AM to 8 PM IST)
+91 88888 02428 (24/7)
The Customer shall indemnify and hold harmless Mithi from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Mithi on the grounds that the content violates any copyright, proprietary right of any person, state and central regulations, or contains any matter that is libelous or scandalous, or harm sentiment of a particular religion, caste or community.
Section 56 of the Indian Contract Act shall apply to this Agreement. In addition, if at anytime, during the continuance of Service, the performance in whole or part, of any obligation under it shall be prevented or delay reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lock-out or act of GOD etc., Customer shall not have any claim for damages against Mithi in respect of such non-performance or delay in performance.
ENTIRE AGREEMENT AND UNDERSTANDING
This instrument and the application constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
This Agreement shall be governed by the laws of INDIA. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect. Courts in Pune alone shall have the jurisdiction touching this agreement in any manner what so ever.
Any dispute arising out of, or concerning this agreement shall be referred to a sole Arbitrator to be appointed By mutual consent, either on its own or upon receipt of a request from a Customer or any third party or claimant, the seat of the Arbitrator shall be Pune, the Arbitrator shall give his award within 120 days from the date of first hearing The period may be extended by mutual consent of all parties concerned.
You consent to Mithi providing you notifications about the services or information the law requires us to provide via email to the address that you specified when you signed up for the services. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receiving notices electronically, you must stop using the services. You may notify Mithi as stated in customer support for the services.
Claims must be filed within one year. Any claim related to this agreement or the services must be brought within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If not filed within that time, then it's permanently barred. SURVIVAL: The Privacy section, and Payments section (for amounts incurred before the end of this agreement), and those that by their terms apply after it ends will survive any termination or cancellation of this agreement.
ASSIGNMENTS and TRANSFER
We may assign this agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the services.
This is the entire agreement between you and Mithi for your use of the services. It supersedes any prior agreements between you and Mithi regarding your use of the services. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement won't change. The agreement’s section titles are for reference only and have no legal effect.
NO THIRD PARTY BENEFICIARIES
This agreement is solely for your and our benefit. It isn't for the benefit of any other person, except for Mithi’s successors and assigns.