Table of Contents
This is an agreement between you 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.
Scope of the agreement, acceptance, and changes
What services are covered by this agreement?
This agreement applies to Clrstream and any other software, website, or support services that link to this agreement (collectively the "services"). The services might not be compatible with software or services provided by third parties (depending on the ability of third party software to communicate with the open standards and protocols supported by Clrstream).
What terms must I abide by when using the services?
Our goal is to provide Email security and continuity solution for your Connect Xf, MS Exchange, Office 365, MDaemon, Postfix, PostMaster, Zimbra & other mail solutions. Therefore we require that when using the services, the users abide by these terms and the Mithi Zero-Spam policy, which are incorporated into this agreement by this reference (the "agreement"). You shall not do or omit to do any act by which you become a party (by allowing use of services provided by Mithi knowingly or unknowingly) to the "theft of data", "information" or "Intellectual Property" from, by or through the use of the services.
How do I 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 I 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 I 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.
Description and Scope of the ClrStream service
Description of Terms
Incident is all the correspondence of the system administrator with the Mithi Customer Care staff to resolve an issue. An incident is opened when the system administrator registers a problem and is closed upon resolution of the same. The incident is also closed when the resolution of the same lies outside the scope of the support provided by the Support Policy.
Complementary services are all services, which may include hardware and network set-up requirements to ensure proper functioning of the mail server. These include but are not limited to DNS, NATing, router setting, procuring static IP etc.
Evaluation or POC means the period during which you try the service. The period of evaluation may not exceed 15 days.
Subscribed means to have submitted and paid the registration/subscription fee to Mithi or to have an equivalent agreement with Mithi for use of the Clrstream service.
Migration means the process of moving from an alternate email security vendors product to Clrstream. Migration services are limited to the shifting of the MX provider and do not include the migration of data.
Configuration is the term covering all the settings/tasks covered by the system administrator. These include but are not limited to settings for hosting the required domain, adding/deleting users, setting user properties etc.
Defect means any undesirable facet of the application that would require changes to the product documentation or to the functionality or behavior of the product itself as documented in the respective product manual. A defect can further be classified into a Clrstream defect or a defect in the underlying OSS (open source software), OS (Operating System) or hardware. While Mithi will provide upgrades/patches for the defects in Clrstream in reasonable time, it cannot guarantee resolution of the defects in the OSS, OS or hardware components of the set-up. Mithi will try and ensure that the hardware, OS and OSS components recommended by it are validated and tested for defect free functioning with Clrstream.
Software Update A newer version of the software that remedies a defect reported in the software.
Software Upgrade means newer versions of the Product with new or substantially improved features, which may include changes to the underlying OSS components.
Next Generation Release means a newer version of the software that may have newer user interface and/or system architecture.
User Support covers the support/training required by the end users for effective and correct use of the system. It also involves handling user grievances and managing the scheduled down times for upgrades and any routine maintenance tasks. You may note that Mithi does not provide direct support or training to your end users. We can at best provide documentation, support and training to your internal IT team, which will equip them to handle end user support requests.
Administrator Training refers to the remote training Mithi provides to your IT team to help them effectively manage the setup and also equip them to train the end users. You may also note that the administrator training which Mithi provides will be over a remote virtual session only and is provided as an exception in situations where your IT team needs more help than that provided by the online documentation and videos. Mithi does not do any onsite training.
Reports means the usage statistics and related data for the messaging system. The reports include mail delivery reports, web mail client usage report, configuration reports, event logs etc.
Outages means a loss of service and application as defined by Clrstream. Outages can be caused due to various factors such as Hardware failure, OS failure, Internet connectivity loss, Network failure, service failure, and in-accessible web applications.
Recovery from outages means re-starting the services and applications of ClrStream. The recovery process may include, using the available configuration and mail-store backups to restore the system after a system crash.
Monitoring means reviewing the server resources to ensure that the essential services are up and that the resource usage is not exceeding threshold limits. Monitoring is required to ensure the system is functioning within the defined limits.
Feature requests are request for additional services, applications and/or features to Clrstream.
Performance tuning are all the programs, settings and configurations relating to enhancing the performance or response time of the ClrStream services and applications.
Solution upgrades include re-configuring Clrstream for mail flow.
Server maintenance covers system administrator tasks such as making disk space, taking backups, changes to the configurations etc., to accommodate changes in the usage patterns.
Third-party software integration includes but is not limited to integration with spam/virus control software, integration with DLP applications and other services for providing Email security.
FM is facilities management. This includes all the services related to maintenance and management of the mail or IT infrastructure.
Customer is a buyer of our software, specifically the IT team of the customer's organisation. This may also include a partner's FM team who provides the facilities management services to the customer. They are Mithi's customer within the subscription period and as long as they renew the subscription. The end users from your company/organisation, who use our services are not eligible to directly contact Mithi support for their queries/concerns. They must have a point of contact within your organisation, who will in turn communicate with our support desk.
Partner is a system integrator organisation who provides services FM services to our customers.
Self Help Customer may use the training provided and the available resources from Mithi to perform the desired maintenance task using their internal resources. Resources available to the customer include
- Custom Operations Guide
- Product literature
- Forums & Blogs
- Trouble shooting documentation
- Process documents and templates
- Test plans
Ticket is an issue which is reported and stored in Mithi's helpdesk system. A ticket can be opened by sending a mail to email@example.com. All interaction on the ticket can happen by simply replying to the ticket email and retaining the ticket number in the subject.
Site readiness is a process prescribed by Mithi to prepare the servers, network and other environmental factors to enable the consumption of Clrstream.
Service helpdesk issues These are issues related to misbehavior or queries related to the normal functioning of the already deployed system. This might include help with simple problems or general "how-to" questions and serious problems like server crashes etc. Some examples of such incidents are:
- Reports of missing mail
- Reports of mail delays
Subscription Manager A software component in the application which restricts the usage of the software based on a Subscription Key. The restriction is done on 2 counts viz. Number of users and Time.
Subscription Key This is an encrypted key which is provided by Mithi to activate the subscription. This will contain the details of the customer's order viz. number of subscribed users and the duration of the subscription. Once the number of users exceeds the limit set by the key, the administrator wont be able to add more users, unless he purchases a new key from Mithi with the additional users as part of the key. Similarly when the subscription period expires, the service capabilites will be limited as mentioned below.
What all is backed-up and How are backups taken?
Mail storage backups are taken Daily, once a day within the cloud. Mail store backups taken as a snapshot at a fixed time during the night. This means that changes/deletions between backups would be captured in the next backup. Thus the backup always represents the view at the time of backup. E.g. if a mail is received and deleted between backups the next backup will not capture the mail. Please note that the backup of the mailstore is taken only for restoration in bulk during a disaster recovery operation. For normal day to day operations, as per our policy, we retain mail as per retention allotted to the users.
Configuration, profile backups are taken daily from each server for the purpose of disaster recovery, within the within the cloud.
Both types of backups are maintained only for the last 2 days.
The backups are monitored daily for successful copy.
What are the shared policies applicable?
The Clrstream hosted collaboration service provided by Mithi is available with the following policies, which apply to all customers alike. Since the service is hosted for all our customers on the same servers (shared), these policies have been designed to maximize throughput for the mail flow.
- Bandwidth to our servers is Unmetered but limited to the policies in force with our data center provider. Normally the limits offered by the ISPs are more than sufficient for normal functioning.
- For mail sent via Baya the web client, the maximum attachment size is 10 MB and max number of attachments is 15
- For mail sent via any client (mobile, desktop or Baya), each user is restricted send only upto 1500 mail in a 24 hour period (midnight to midnight).
If you want to exclude any users from this limit, we would expect a written authorization from your end, and we can white list them to be able to send upto 7000 mail in a 24 hour period (midnight to midnight). This you may do for email ids which need to communicate in bulk with your external contacts.
If any user crosses this limit, the user is assumed to be a spammer, is blacklisted and an automatic alert is sent to our support staff and to your administrator accounts for your action. The sender and your organization administrator will get an alert regarding the blacklisting. You would need to approach our help-desk to remove the id from the blacklist. Please note that some ids may not be de-listed from the black list (if they are repeat or habitual offenders). You would need to respond to the alert mail with details of the action taken by you to prevent that user from doing this again. Please refer to Mithi's Zero Spam Policy for more details.
These numbers (1500 and 7000) are a count of total mail deliveries across all recipients of all mail sent by a user. E.g. if a user sends a mail to 4 recipients, the system will count this as 4 email. If a user sends mail to a group (distribution list) of 50 email ids, the system will count these as 50 emails, and so on. The sum of all such mail deliveries by a user is compared against the allowed thresholds. [This new policy comes into effect at 12 noon of 27th August 2015]
- For mail sent via any client, the maximum message size permitted is 30 MB (including attachments)
- The maximum number of recipients in a single mail can be 200. This means that any one mail cannot be destined for more than 200 recipients (this is typically done to prevent spammers from making one connection and pushing junk mail into the queue without any limit). This prevents users from copying and pasting a large list of comma separated recipients into the TO, CC or BCC box of the mail and sending the mail. Normally not a good practice anyways.
- For mail destined to remote users, stuck in the queue due to temporary delivery failures, the lifetime is 2 days before the mail are returned (bounced) to the sender.
- The system will retain inbound and outbound mail in the user's cloud mailbox account for last 7 days only.
- The servers deploy Spoof check to dissuade users from masquerading as somebody else and sending mail on their behalf.
- System logs are retained for life as a policy.
- SecureMailFlow captures spam and virus infected mail into a quarantine and also maintains logs for these, allowing the administrator to search and release these mail from the SecureMailFlow console and the end user to release these mail using the daily mail traffic report. Please note that these are maintained only for 15 days. This means that any mail in the quarantine, older than 15 days will be automatically deleted and wont be available for release.
What are the clean mail services offered
Clrstream comes bundled with the SecureMailFlow service, for cleaning Inbound and Outbound Mail. All Inbound and Outbound mail will pass through the SecureMailFlow system and be scrubbed for Virus and Spam.
What all facilities are available to me via the Administration console
Your role would be defined to allow you to administer your domain(s), their users, groups (distribution lists) and COS (Class of Service) via the Admin Panel. You would not be given access to the server properties (which are taken care of by Mithi personnel). The SecureMailFlow administration console for the clean mail service management would be available to you. From time to time as Mithi feels appropriate, your role may be changed to include more or less properties. Your personnel will not be given command line access to the servers.
What all customizations are permitted on my account
For your web client access, you can deploy your own logo with the specified size and change the color theme using one of the predefined themes which closely matches your corporate color scheme.
* Baya - Web based client The web client is the interface via which most of the users in your organization will access their mail. Most of the elements of this interface can be customized.
|Customer Company Logo||Yes|
|Ready links to other URLs||Yes|
|Control Features available via web mail client||Yes|
|Look and feel of Help||No|
|Changing labels||No (some are allowed as per documentation in the help)|
|Error & Status messages||No|
|Product Name, Product Logo, Mithi Name, Mithi Logo||No|
* Web based Domain Administration interfaces The Domain Administration console is a web-based interface, which the domain manager uses to manage their accounts on the cloud setup. Any PC connected to the server via a browser can access these interfaces. Since these interfaces are available only to a select group of users, we do not support customization of these interfaces.
* Bounce messages When a mail server rejects or bounces a mail due to reasons such as Real-time Black Hole List etc., the sender/recipient receives a bounce or a reject message generated by the mail server. People may find the message cryptic and would like to customize the same. Unfortunately these messages cannot be customized as the Mail Transfer Agent (MTA) of the recipient server generates them. In Clrstream the MTA is an open source component. Mithi refrains from modifying open source components as the flexibility of integrating the latest open source components reduces as the customization of the open source component increases.
* Standard Disclaimers Every mail which is sent via Clrstream will carry a standard footer stating that this mail has been sent via Clrstream and has been scrubbed by SecureMailFlow clean mail service.
This footer message is configured at a system outgoing route level. Its primary purpose is to establish authenticity of the message and inform the recipient that the mail is sent from a dependable source and is virus/spam free, which will give them confidence and also increase brand value of the sender.
All outgoing mail from our setup for all our customers and domains is routed via the clean mail service to maintain hygiene of the mail and establish strong reputation of your brand.
This footer can be turned off selectively if you so desire.
Transport security. Now that the data is safe in the stored form, its time to secure the transmission. All data transfers across servers and clients happens over SSL (encryption)
What is a Clrstream account?
To access portions of the services and applications covered under the Clrstream, you will need a Clrstream account. The Clrstream 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 Clrstream account.
What if I can't access my ClrStream account?
If you've forgotten your password or otherwise can't access your ClrStream account, you can approach our help-desk as described in section Support. Mithi doesn't guarantee that your ClrStream account will be restored or your content (as defined later) will be safeguarded.
What if I obtained my ClrStream account from someone other than Mithi?
License Regularisation Policy
Clrstream 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.
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.
Who owns the content that I put on the services?
Content includes anything you upload to, store on, or transmit through the services, such as data, documents, photos, video, music, email, and instant messages ("content"). Except for material that we license to you that may be incorporated into your own content (such as clip art), we don't claim ownership of the content you provide on the services. 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 others make available on the services.
Who can access my content?
You have initial control over who can access your content. If you share content in public areas of the services or in shared areas available to others you’ve chosen, you agree that anyone you've shared content with can, for free, use, save, reproduce, distribute, display, and transmit that content in connection with their use of the services and any other services or products. If you don't want others to have that ability, don't use the services to share your content. If you use or share content on the services in a way that infringes others’ copyrights, trademarks, other intellectual property rights, or privacy rights, you are breaching this agreement. You represent and warrant that for the duration of this agreement you have (and will have) all the rights necessary for the content you upload or share on the services and that the use of the content, as contemplated in this paragraph, won't violate any law.
What does Mithi do with my content?
Mithi has no reason to access your content manually for any purpose what so ever. During the course of its flow the content is passed through automated filters, scanners, and tools for detection of spam 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 upload your content to the services, you agree to the above mentioned conditions.
What type of content isn't permitted?
Content that violates this agreement (which includes the Mithi Zero-Spam policy) 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, 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 my 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.
What happens if I 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 I 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 the services section for more details).
How can I 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, 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 or delete your email). 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 my 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 authorisation to use our software ends. You must then uninstall the software, or, alternatively, we may disable it. If your services are 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
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
To pay the charges for a service, you will be presented with an electronic invoice before the payment is due.
- All renewal formalities for the subscription 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.
- For monthly, quarterly, or half yearly billing cycles, the subscription will be reset once the next due invoice is cleared.
Note: Put simply, any payment which is due has a grace period of only 7+7 days, which is explained below.
- 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
- Receive a response to tickets raised on our helpdesk,
- Receive Emergency support during any outage or server failure,
- 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
- Mithi would be suspending support to your organisation which means that you will not be able to
- 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 hosted email setup
- After 30 days of the due date, 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 will notify you by email at least 15 days before the price change. If you don't agree to the price change, you must cancel and stop using the services before the price change takes effect. If there is a fixed term and price for your service offer, that price will remain in force for the term.
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 services don't 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.
Scope of Service Availability Commitment: Mithi’s Service Availability Commitment for the Basic Services defined under First Schedule is up to 99.9% over a calendar year of usage.
- Server instance availability = 100* ( Total minutes per year – unscheduled downtime minutes) / Total minutes per year
Service Availability Commitment Process:If Mithi fails to maintain Availability in any whole calendar year of the Service Term, due to any act or omission of Mithi, then the Customer is entitled to receive a credit against the annual Recurring Charge as set out in the online Order and reflected in invoice against such service. The Service Credits will only be paid in respect of the impacted cloud server instance and only if the annual Recurring Charge has been paid for that year. The Service Credits are non-cumulative and cannot be carried and accumulated on year – on – year basis. The service Credits are set out below:
Between 95-99% availability, 2% of the annual recurring charge. Below 95% availability, 4% of the annual recurring charge. In order to qualify for a Service Credit, the Customer must notify Mithi within seven (7) days of any event giving rise to a Customer entitlement, by invoking a Support ticket with the Mithi’s Helpdesk, Pune. Failure to so notify will void the Customer's eligibility for any credit for such events.
- Mithi will then determine in its reasonable judgment, the cause of the service unavailability. Service unavailability shall not be deemed to occur as a result of network maintenance activities; acts or omissions of Customer or its agents; failure of Customer supplied hardware/software; network unavailability outside the Mithi network; or events of Force Majeure.
The Service Level Guarantee shall not apply to the following performance issues:
- Caused by factors outside of Mithi's reasonable control.
- That resulted from any actions or in-actions of the Customer or any third parties.
- That resulted from the Customer's software and / or third party software, not within the sole control of Mithi.
- Caused by a Force Majeure event.
- Planned / Scheduled Maintenance for which Mithi had provided notice of forty eight (48) hours or more.
- Any restrictions placed / imposed upon Mithi by the Customer, which prevent or delay the performance of Mithi's obligations.
- 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.
Normally barring all the excluded causes mentioned above, Mithi commits to take all necessary and standard measures to monitor and maintain the setup and deliver on the committed up-time. Despite this best effort if some unfortunate and unforeseen incident does occur, Mithi cannot be held liable beyond the specified service credits penalties. Also, Mithi is committed to continuously improve so in the eventuality of such an incident, Mithi will perform a postmortem and incorporate the learning into the processes and tools.
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 your services fee for one month. 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.
You may be able to access third-party websites or services via the services. Mithi isn't responsible for third-party websites, services, or content available through those third-party services. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party websites or services may be subject to that third-party’s terms and conditions.
Setup and Deployment
The system would be set up within a time frame of four weeks from the date of receipt of the Purchase Order along with the requisite advance payment. (subject to domain having been registered and also considering 3 days extra for domain entry change to point to our server)
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
- 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 clients (email clients, browsers etc) 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.
Change Management process
Every request for change (internally initiated or externally initiated) lands up in the Reconfiguration queue. Each ticket in this queue, goes through the following process.
- Understanding the requirements by a call and documenting these in the ticket as the full scope.
- Asking customer to sign off on these requirements as understood to confirm both teams are on the same page
- Mithi Reconfiguration team then makes a CMR (Change Management Request) form, which has the following key elements
a. The requirements and scope
b. Impact of this change on end users
c. The Phases, Steps and Commands to perform the change with the schedule.
d. Total Downtime
e. Roll back plan
- The CMR is sent across to customer for review and approval.
- Once the CMR is approved, the mithi team executes these as per schedule given and monitors the impact.
Configuration Management process
Configuration management follows our kaizen plan and vision for the setup to make it more reliable, manageable and high performing.
The entire plan is broken down into steps to be done through the year. Each step in the plan then follows the Change management process to implement in the setup.
The customers are kept update of the well in advance of the change to be done and their feedback is also accommodated.
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 daily 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.
The setup is regularly updated to the latest application version as they are released. The customers are informed well in advance of the upcoming scheduled downtime..
|Activity||Maintenance and Management||Reconfigurations||Fresh deployments and migrations|
|L0 - Self Help||Customer may use the Self Help tools provided by Mithi to perform the desired maintenance task using their internal resources.||Customer may use the Self Help tools provided by Mithi to perform the desired reconfiguration and upgrade task using their internal resources.||Customer may use the Self Help tools provided by Mithi to perform the desired deployment and migration activity using their internal resources. If not the entire activity, the customer has to at least ensure that the Site is ready as per specifications provided by Mithi.|
|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
|Customer may open a ticket in Mithi's help-desk system to request Mithi team to perform the activity or help the customer's team to perform the activity.
If the customer would like Mithi's team to perform the activity, the activity would be charged separately.
If the customer is performing the activity on their own and would need help from Mithi, that wont be charged. Please note that in this condition, Mithi would point the customer to appropriate documentation resources or provide steps only.
|Customer may open a ticket in Mithi's help-desk system, to request Mithi team to perform the activity or help the customer's team to perform the activity.
If the customer would like Mithi's team to perform the activity, the activity would be charged separately.
If the customer is performing the activity on their own and would need help from Mithi, that wont be charged. Please note that in this condition, Mithi would point the customer to appropriate documentation resources or provide steps only.
|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.||If the reconfiguration activity is not being performed 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.||If the fresh deployment or migration activity is not being performed 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.||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.||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 priorities 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 ClrStream 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.
Any service request or change request that is not categorised as an incident.
|Next Business Day||Next Business Day||N/A|
*Severity 1 incidents not in the control of Mithi (3rd party incidents) are subject to that providers’ 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 ClrStream domains 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.
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)
Code of Conduct
This Code of Conduct applies to all ClrStream users that allow them to post or share content with others. Please read the Code of Conduct and any supplemental information below for additional details about particular services that you may use.
The services are designed for individuals 13 years of age or older. As a user of the service you will uphold this Code of Conduct, and are responsible for all activities and content you post/upload. In addition to upholding this Code of Conduct, you are responsible for adhering to all applicable local and national laws. Falsely impersonating a Mithi employee, agent, manager, host, or any other person with the intent to mislead or cause harm to others is forbidden.
You will not upload, post, transmit, transfer, distribute or facilitate distribution of any content (including text, images, sound, video, data, information or software) or otherwise use the service in a way that:
- depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art or manga.
- incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence.
- misrepresents the source of anything you post or upload, including impersonation of another individual or entity.
- provides or creates links to external sites that violate this Code of Conduct.
- includes content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
- is intended to harm or exploit minors in any way.
- is designed to solicit, or collect personally identifiable information of any minor (anyone under 18 years old), including, but not limited to: name, email address, home address, phone number, or the name of their school.
- invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and willing consent.
- is illegal or violates any applicable local and national laws; including but not limited to child pornography, bestiality, incest, illegal drugs, software piracy, and harassment.
- threatens, stalks, defames, defrauds, degrades, victimizes or intimidates an individual or group of individuals for any reason; including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incites or encourages anyone else to do so.
- harms or disrupts, or intends to harm or disrupt, another user's computer or would allow you or others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming.
- attempts to impersonate a Mithi employee, agent, manager, host, administrator, moderator, another user or any other person through any means.
- promotes or otherwise facilitates the purchase and sale of ammunition or firearms.
- contains or could be considered 'junk mail', 'spam', 'chain letters', 'pyramid schemes', 'affiliate marketing' or unsolicited commercial advertisement.
- mischaracterizes content you post or upload or contains the same or similar content to other content you have already posted.
- attempts to manipulate the services, including ranking and reputation systems in the services, by violating any of the provisions of this Code of Conduct, colluding with others on voting or using multiple profiles.
- offers to make international money transfers for amounts exceeding the asking price of an item, with intent to request a refund of any portion of the payment.
- contains advertising for money making schemes, discount cards, credit counseling, online surveys or online contests.
- violates intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary, permissions, licenses or consents.
- violate any copy right directly or indirectly. You will not use any form of automated device or computer program that enables the submission of postings without the express written consent of Mithi.
- Mithi shall not tolerate disruptive activity online, postings or statements that incite others to violate this Code of Conduct or participate in illegal activities.
- Mithi shall not allow the posting of destructive features, use of computer programs that contain such features, or access to any content that contains destructive features such as: viruses, worms, Trojan horses, or bots for the use of scrolling, showing multiple screens, and other activities that can be disruptive to online communication or Internet system or services.
- Mithi reserves the right to remove communities and chats that advocate or encourage expressions of violence, bigotry, racism, hatred, or profanity.
Termination and Cancellation
If any serious misconduct is noticed/reported with evidence (misconduct is defined but not limited to the points mentioned above in the section "prohibited uses") Mithi reserves the right, at its sole discretion, and without any obligation to do so, ban participants or terminate access to services. Once this is done then the terms of services cancellation come into effect.
Rights and Responsibilities
We encourage you to not share information that others could use to harm you. We encourage parents to be aware of and help exercise control over content posted by and activities of their children to keep them safe online.
Mithi is not responsible for the content of any user-created posting, listing or message. The decision to view content or engage with others is yours. We advise you to use your judgment.
You are responsible for protecting your computer against interference, spyware or viruses that may be encountered for downloaded items from the service. We recommend you install a virus protection program on your computer and keep it up to date.
You may use the Report Abuse link to report violations of this Code of Conduct.
Mithi reserves the right to amend or change the Code of Conduct or any service at any time without notice. We encourage you to periodically review these guidelines to ensure you are in compliance.
Some information you provide or upload to the service may be stored outside of the country in which you reside.
Zero Spam Policy
Customer, its agents, users or employees shall not “spam” through the Services. To spam includes sending identical and irrelevant submissions to many different discussion groups, mailing lists, chats or communities. Usually such postings are unsolicited or have nothing to do with the particular topic of the group or are of no real interest to those on the mailing list. To spam also includes misrepresenting the source of anything you say or post. Spamming and scrolling in chat rooms are serious violations of online etiquette
If an email id has been found to be sending more than the allowed threshold of mail in one day by our Rate control system. the EMAIL ID will be AUTOMATICALLY BLACK LISTED.
One of the possible causes for this are that the user's PC/laptop is infected by a virus which is causing it to send mail via the server without the user's knowledge.
It is expected that you will take appropriate action to scan and cleanup the PC before you approach our help-desk to de-list that email id. When you request for a de-listing, also please enlist all the measures you took to prevent such occurrences in the future.
PLEASE NOTE that if an email id is found to be a habitual offender (blacklisted 3 times), it will be permanently blacklisted and you may have to delete and create a new email id.
During operational reviews, Mithi would be taking the following action if a broad based spam (several users are doing this and causing our IPs to develop bad reputation) is originating from the users of your domain and being sent via our servers:
1. ALERT 1: Mithi would block the offending email ids and would alert your administrator of the spam activity. It would be your responsibility to disinfect the concerned PC/laptop, reset the password of the user to a complex password, and intimate this in writing to Mithi, before we can enable those email ids.
2. ALERT 2: Despite the above, if spam is observed repeatedly, a second alert would sent to your administrator after blocking the concerned email ids. Please note that it takes effort to clean up the junk mail which have entered the system and at this point. We would be requesting a document suggesting what steps you have taken to prevent this recurrence, before we can re-enable those email ids
3. FINAL ALERT/WARNING LEADING TO DISCONNECTION: If despite the above, spamming continues, Mithi may decide to terminate your subscription and disable your domains permanently from our servers. Please note that your subscription charges are non-refundable in this case.
THIS AGREEMENT is made and entered between Mithi Software Technologies Pvt. Ltd., having its Registered offices at 103, Mayfair Court, Dr. Pai Marg, Pune 411 045, hereinafter referred to as Mithi and yourself the customer, hereinafter referred to as the Customer, WHEREAS Customer wishes to use the services of Mithi.
NOW, the parties hereto are desirous of reducing the terms of the contract in writing and the parties hereby agree as follows:
- INDEMNIFICATION: 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.
- FORCE MAJEURE: Section 56 of the Indian Contract Act shall apply to this Agreement. In addition, if at anytime, during the continuance of ClrStream Services, 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.
- GOVERNING LAW: 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.
- DISPUTE RESOLUTION: 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.
- NOTICES: 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: 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.
- CONTRACT INTERPRETATION: 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.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.