29th July 2019
|Effective Date for customers who signed up before 29th July 2019
21st August 2019
|Last Updated on
7th May 2021
|Last Update Change Summary
The Account suspension section is updated with the updated suspension policy.
Once this agreement is effective, it supersedes any agreements between you, the customer and Mithi, except for the agreements signed physically with specific customers, which remain effective until their contract period.
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND Mithi Software Technologies Pvt. Ltd. (hereinafter “Mithi”) GOVERNING YOUR USE OF MITHI’S ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO EMAIL, COLLABORATION, EMAIL SECURITY, DATA MANAGEMENT, AND MIGRATION TOOLS.
Parts of this Agreement
This Agreement consists of terms and conditions (hereinafter the “General Terms”), and references to specific service/product specifications (hereinafter the “Product Terms”) to explain what each service offers and on what terms. The General Terms and Product Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Product Terms, the Product Terms shall prevail.
Acceptance of the Terms
You must be of legal age and representing a valid business to enter into this contractual binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Product Terms, do not use the corresponding Service/Product. By using or accessing the services, or by agreeing to these terms where the option is made available to you in the user interface or through a document, you agree to abide by this agreement without modification by you. If you don't agree, you can't use the services.
Description of Terms
Incident or Ticket 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.
Environment means additional services in the customer premises or user endpoints, which ensure trouble-free, fast access to the services. These include but are not limited to DNS, NATing, router setting, procuring static IPs, speed of last-mile connectivity, etc.
Evaluation, Free Trial, or Proof of Concept (POC) means the period during which you try the service for free. The period of evaluation is typically 15 days and maybe extended upon a special request by the customer. Some products and/or payment agreements may not have a time-based trial but instead are based on a credit amount applied to your account, which you can consume while evaluating the services.
Credit is an amount of money applied to your account in response to a remediation request or as a grant to try our services without a commercial risk from your end.
Subscribed means to become a customer of Mithi and start using Mithi’s online services via a valid payment agreement.
Resources are the service elements you consume when you use our services. These include but may not be limited to end-user accounts, data transfer, data storage, migration, application features.
Plans are pre-configured resource bundles to help you purchase easily and provision a Mithi service in a simple, efficient way.
Payment Agreements are of 3 types viz. Contract, Pay Per Use, and AWS Contract
Contract is a payment agreement between You and Mithi, in which you pre-pay for your purchased plans and resources on a monthly, quarterly, half-yearly, annual, or 3 yearly basis
Pay Per Use (PPU) is a payment agreement between You and Mithi, in which you consume the resources from our services and are billed for the aggregate usage at the end of the month on a daily pro-rata. This model accommodates growth and shrinkage of consumption and adjusts the bill according to the actual daily usage.
AWS Contract is a payment agreement between you, AWS, and Mithi, wherein you pre-pay for your purchased plans on a monthly basis, to AWS, via the AWS Marketplace. Additional purchases of plans and resources are billed on a pro-rata by the AWS billing system
License is a tool deployed to automate the payment agreement process. It sends you alerts when the renewal of the service and/or the next payment is due. It also activates account suspension automatically for renewals and payments delayed beyond the stipulated time.
Daily Pro-rata means that the minimum unit of measuring plan and resource usage is one day. Your consumption of our services is recorded once a day at a fixed time and is used to generate the aggregate bill at the end of the month.
Migration means the process of moving & converting information and data to our services. This covers mail data, user accounts, personal information, address books, calendar information, etc.
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.
Software Update is 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.
User Support covers the support/training required by the end-users for the effective and correct use of the system. It also involves handling user grievances and managing the scheduled downtimes 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, over a virtual web session, to help them effectively manage your account on our platform and equip them to train the end-users. Mithi does not do any onsite training.
Reports mean the statistics and data related to the usage of the messaging system.
Outages mean a loss of service and application access.
Monitoring means reviewing server resources and service availability. Monitoring is required to ensure that the system is functioning within the defined limits.
Feature requests are requests for additional messaging services, applications and/or features to our products
Customer is the organization, who have subscribed to our services for consumption by their users.
Buyer is the person in the Customer organization who signs up for the service and is the single point of contact for alerts, notifications, and payments. The Buyer may internally route communication from Mithi to the relevant stakeholders.
Administrators are people in the Customer organization, who have been assigned the role to manage the service. Their activities include but may not be limited to provisioning users, assigning rights to users, helping users to leverage the platform and more.
End-users The end-users from your company/organization, who use our services.
Site readiness is a process prescribed by Mithi to prepare network and other environmental factors to enable the consumption of our services
Modification of Terms of Service
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 the section Canceling the services.
Description of our Services
Mithi provides online services for Business email, Team Collaboration, Data Management, Email Security and Email data migration ("Service" or "Services"). The services are listed below along with a link to their detailed product specifications. You may use the Services for your personal and business use in the organization that you represent. You may access the Services using any Internet browser or applications supported by the Services. You are responsible for obtaining access to the Internet, equipment, and applications necessary to use the Services. All the data which you ingest and/or create on our platforms belong to you.
||Secure, Reliable Cloud Business email platform
||Email Archival, Ediscovery cloud platform
||Email Security and Disaster recovery
||Online Email Migration tool
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.
Safe use policy
Our goal is to provide a safe, secure, reliable environment for your business. To help us meet our objective, 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"). In addition, you shall not do or omit to do any act by which you become a party (by allowing the 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.
Customer Account creation/registration or Sign up
We assume you are registering or signing up on behalf of the organization you represent. You need to sign up for the Mithi service by providing all the required information in order to access or use the Service. We recommend that you use your corporate email address. To enable a successful, accurate, and trouble-free onboarding, you agree to provide true, up to date and complete information about yourself and your organization as prompted by our systems or requested by our team.
You are responsible for ensuring the confidentiality of your organization account password and appointing competent administrators for managing your organization’s Mithi account. You understand and agree that Mithi is not responsible for account administration and internal management of the Services for you.
If you've forgotten your account password or otherwise can't access your Mithi 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 Center, 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 Mithi 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.
Each service you consume from Mithi’s offerings has a separate administration console, which may or may not have the same password as your organization account’s password. The individual services are provisioned for you during onboarding or at any point in your life as a customer of Mithi.
Personal Information and Privacy
You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your account and subscribed services and you agree to inform us immediately of any unauthorized use of your Mithi account by raising a ticket in the Help Center.
Communications from Mithi
The Service may include certain communications from Mithi, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of the use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Mithi in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take up the matter directly with you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to the disclosure of your name and contact information by Mithi to the complainant.
Payment Agreement options
Mithi’s services are available under various subscription plans, which can be applied to your users depending on their role, allowing you to allocate the right amount of resources to the user. This ability to mix plans across your users, allows you to optimize costs.
Mithi offers these subscription plans via three payment agreements viz. Contract, Pay-Per-Use, and AWS Contract.
In this model, you pre-order your subscription plans as per your current and perceived needs and opt to pay for these quantities on a monthly, quarterly, half-yearly, or annual basis, in advance. Contract periods are typically annual.
You can confirm your intent to start using our services by issuing a Purchase order or by a simple email from your registered email id (the one used to sign up for the service) confirming the required subscription plans and quantities.
Our systems will generate an invoice for your pre-ordered quantities of the subscription plans, in advance, at the beginning of your chosen billing cycle viz. monthly in advance, quarterly in advance, half-yearly in advance, or annually in advance.
You can opt to pay online or send us a Cheque/DD or directly transfer the payment into our bank account. Please don’t forget to mention the invoice number, you are paying for, in the comments section or at the back of the cheque. Please note that the payment is to be completed within 15 days from the date of invoice.
Exhaustion of your purchased resources
If during your contract period, you use up all the users and resources you pre-purchased, you won’t be able to add more users or consume additional resources until you purchase more resources as explained below.
Purchase of more resources
At any time during your contract period, you can choose to add more users, storage, or other resources to your contract. On placing the PO or confirming your purchase of additional users or storage via email, your license will be updated, and an invoice will be generated for the additional resources on a pro-rata basis. The pro-rata is aligned to the end of your current billing period (depending on your chosen payment options).
Deletion of users
If users are deleted from the system, the license count is updated automatically to reflect the availability of additional seats/users. You can use this to onboard new employees/email ids. Data in the users’ accounts will also be deleted permanently. 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.
Renewals are automatic and at currently listed prices
Our systems will alert you well in advance about the upcoming automatic renewal of your contract. Unless you cancel the services, the contract will be automatically renewed at the currently applicable list prices, superseding any earlier prices, or earlier discounts.
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.
All invoices are expected to be paid within 15 days from the date of the invoice. Once an invoice is generated your contract period is temporarily set to 15 days from the date of the invoice. Once your payment is received, the contract period is reset to the original term. If your payment is not received within the 15-day period, your account automatically enters the full suspension period as described here.
You may cancel the services at any time, with or without cause. You may lose access and use of your account when you cancel the services. For any un-utilized portion of your advance payments, please refer to our refund policy to see if you are eligible for a refund.
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 pro-rata 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 customer’s purchase price for the product or service.
If you opt for this mode of payment, you don’t have to pre-order any subscription plans or quantities or enter into any time-bound contracts. The system will allow you to use the service as per your needs and will bill you only on your actual usage at the end of every month, in arrears.
Your billing commences once you confirm your intent to use our services. You can confirm this via a simple email from the registered email id (the one used to sign up for the service) and can do so at any point in time. Typically, this is done once your free trial period is over.
In this model of usage, you are not bound by any contracts and you can freely reduce or grow your usage at any time and cancel at any time.
Our systems track your usage daily on all our services and generate a bill at the start of each month, aggregating your usage for the previous month. This accommodates growth/shrinkage in usage with a pro-rata of one day.
You can opt to pay online or send us a Cheque/DD or directly transfer the payment into our bank account. Please don’t forget to mention the invoice number, you are paying for, in the comments section or at the back of the Cheque. Please note that the payment is to be completed within 15 days from the date of invoice.
Disabling licensed users
The services allow 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 contract is canceled. Since there is a carrying cost to disabled users, they count as fully active users and do not impact the license count.
Renewals are automatic and at currently listed prices
Renewals are automatic, month on month unless you cancel your use of the services.
All invoices are expected to be paid within 15 days from the date of the invoice. If your payment is not received within the 15-day period, your account automatically enters the full suspension period.
You may cancel the services at any time, with or without cause. You may lose access and use of your account when you cancel the services. Since the billing for your account happens in arrears, you would have to pay the upcoming bill for the services used within the month leading to the cancellation date.
In this model, you purchase our products directly via the AWS Marketplace. The process documented below is subject to change if AWS changes its marketplace policies or functioning. We recommend that you review the latest applicable policy on the AWS marketplace.
You do this by logging into your AWS account, visiting the AWS marketplace and purchasing our products by choosing the quantities for the published plans. Once you submit your request, AWS will create a monthly contract for you and will provision your order on our platform. Your first payment is charged immediately and is prorated to the end of the calendar month. E.g. if you purchase on the 20th of a month, you will be billed for the next 10 days to the end of the month.
AWS charges your chosen payment option, for your order, monthly in advance, automatically.
Purchase of additional resources
At any point in time, you can purchase additional plans for new users, or provision additional resources. AWS will immediately bill you for the excess requirement on a pro-rata, leading to the end of the month and will charge your chosen payment option right away.
Reducing users or resources
If you are to reduce quantities on your AWS contract via your AWS account, there will no refund for the remaining period in the month. The bill for the next month will, however, reflect the new reduced quantities.
Disabling of users
The services allow 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 contract is canceled. Since there is a carrying cost to disabled users, they count as fully active users and do not impact the license count.
Renewals are monthly and automatic
You can specify in the AWS contract whether you would like an automatic renewal every month. If not, you would have to renew the contract via the AWS console, before the start of the month.
You may cancel the services at any time, with or without cause. You may lose access and use of your account when you cancel the services. For any un-utilized portion of your advance payments, there will no refund issue by AWS What’s not included in our Pricing
Internet access services and charges
The service does not include Internet access charges. 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 another communication service.
License charges for desktop and mobile apps
You may choose to purchase tools of your choice, such as MS Outlook, to access the collaboration platform, beyond what is provided as part of our service. You are solely responsible to pay for the license and any other fees for those tools.
Accounts enter suspension when the license expires, which typically happens if payments are delayed beyond the stipulated time, or renewals are delayed beyond the end date (for legacy contracts not on auto-renewal).
Triggers to suspend an account
Delay in the renewal of a Contract
If your usage crosses the contract period without being renewed, your account enters the suspension period.
Delay in payment
If payments against invoices are delayed beyond the stipulated time
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies.
Objections to suspension or disabling of user accounts should be made via the Help Desk within thirty days of being notified about the suspension.
Reinstating an account
Suppose the account has been suspended for any reason other than illegal activity. In that case, it can be reinstated within the 30 days of the suspension period by either renewing your Contract or paying the unpaid invoices in full.
We may change the price of the services at any time and this will be updated on our website.
For Contract payment agreements, your price is protected within your contract term 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 automatic renewal, the new prices become active. If you don't agree with the price change, you must cancel and stop using the services before the price change takes effect.
For Pay-per-use payment agreements, the daily rates will be changed and will be effective from that day itself. An alert on the upcoming price change will be sent to you one month in advance.
For AWS Contract payment agreements, the new rates come into effect during the monthly renewal cycle.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Mithi; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
In addition, there is a correct use for each product of our suite, and you agree to abide by those policies.
Correct use for Vaultastic
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 must specify the primary email id of that user. E.g. if you create a user "firstname.lastname@example.org", you would need to configure her primary email address, which is "email@example.com".
Please note that you cannot archive mail for multiple email users to 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 mails 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 organization, 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.
Correct use of SkyConnect - 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 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 BLOCKED.
One of the possible causes for this is 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 clean up the PC before you approach our Help Center to de-list that email id. When you request for a de-listing, you are expected to 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 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 be sent to your administrator after blocking the concerned email ids. Please note that it takes effort to clean up the junk mail which has 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.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Mithi the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Mithi’s commercial, marketing or any similar purpose. But you grant Mithi permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
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. Hence, 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 your content to them. This is after we have received an authorized and official request from the investigation agency in writing.
Mithi has no reason to access your content manually for any purpose whatsoever. During its flow, the content is passed through automated filters, scanners, and tools for the 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 deep diagnosis. When you upload your content to the services, you agree to the above-mentioned conditions.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and maybe crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Mithi will have the right to block access to or remove such content made available by you if Mithi receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to the determination of questions of illegality or infringement of third-party rights in such content by the agent designated by Mithi for this purpose.
Sample files and Applications
Mithi may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Mithi makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
- If 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 via the Help Center. Subject to verification of such entitlement by Mithi, Mithi will issue a credit 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 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 the 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.
- In relation to the Customer’s inbound or outbound email that is routed to the Service, “Service Availability” pertains to the Service’s ability to receive the Customer email, subject to the correct configuration by the Customer of their environment.
- In relation to the Customer’s access to the administration console or the end-user 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 are 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%
|< 99.0% but > 98.5%
|< 98.5% but > 98.0%
|< 98.9% >
||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 Service 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 the 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 inactions of the Customer or any third parties, such as but not limited to endpoint upgrades, firewall upgrades, reconfigurations, etc.
- Any Network bottleneck arising out of excessive traffic from the customer site, such as but not limited to, virus infections, Denial Of Service attacks, excess usage, and lower capacity of the 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 advance notice.
- Any restrictions placed/imposed upon Mithi by the Customer, which prevents or delay the performance of Mithi's obligations.
Asking for support
Mithi's Help Center is available for the customer via myaccount.mithi.com. This can be accessed using the registered email id.
In your company, you would have a group of IT people, who manage the setup and support your end-users, viz internal/user customers. Mithi does not directly support the end-users in your organization. Mithi will only support your IT team via the Help Center accessible from a single registered email id/group id. To support your end-users, you may want to set up an internal help desk system.
Enhancement and bug requests also funnel through the same ticketing process. Typical resolution for enhancements will be to file the issues with the Engineering team.
Remote access to user clients - policy
Sometimes we come across situations where the end-users are facing some challenges with their clients (email clients, chat clients, calendar clients, browsers, etc) or 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 Ammyy Admin 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 up to the customer to ensure the privacy of the data residing on the client PC. We require 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. If you do leave your PC/machine un-attended during a remote session with our team, you are solely responsible for the privacy of the data on your machine.
- We require that all unwanted applications and all windows on the PC not required for the diagnosis, 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.
Ticket retention policy
Mithi will retain closed/resolved tickets for a period of 1 year. All tickets older than 1 year would be deleted from the system. This would be done as a part of the routine cleanup to maintain the performance of the ticketing system. If as part of your process, you need historical data of more than 1 year, you may need to establish a system to capture and store this at your end.
Log retention policy
Mithi will retain system logs capturing mail flow, application access, provisioning, other events, etc., for a period of 10 years. This will be stored in resilient cloud storage services using a hierarchical form depending on the age of the logs. The logs of the last 3 months will be available on the hot store for quick access and all logs earlier than 3 months will be retained on a cold store, which will typically have slower access.
Mithi’s Help Center is available 24/7/365 for all our customers and ongoing trials and this support is provided via login to myaccount.mithi.com.
Service Cancellation & Termination Policy
Canceling 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 to the offer describing the services.
i. Refer to the Refund policy clause based on your preferred payment agreement and payment schedule
ii. You may lose access to and use of your account when you cancel the services.
We recommend eliminating/downloading your content, which is on the services, by manually removing it from the various components of the services (for example, manually download your email). For any help required with this, please contact our team at 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 remain on our systems for a period, until the scheduled cleanup takes place
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 act 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 their entirety. Data that is deleted may be irretrievable.
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 authorization to use our software ends. We may permanently delete your content from our servers, and we have no obligation to return content to you.
In addition, we reserve the right to terminate your account and deny the Services upon reasonable belief that you have violated the Terms. You have the right to terminate your account if Mithi breaches its obligations under these Terms and in such an event, you will be entitled to prorated refund of any prepaid fees. Termination of account will include denial of access to all Services, deletion of information in your user accounts such as your email address and password and deletion of all data in your user account.
Mithi, Mithi logo, the names of individual Services and their logos are trademarks of Mithi Software Technologies Pvt. Ltd. You agree not to display or use, in any manner, the Mithi trademarks, without Mithi’s prior permission.
Limitation of Liability
YOU AGREE THAT MITHI SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MITHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL MITHI’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Mithi, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Mithi.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Pune, India, and the judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Mithi may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please raise a ticket in the Help Center giving the details of your query.