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Gsoftcomm PTE. LTD Cloud Services Customer Agreement
This GSOFTCOMM PTE. LTD. Cloud Customer Services Agreement (this “Agreement”) is between GSOFTCOMM PTE. LTD., LICENCE C150981114 Singapore Registered Company with its Registered office at 10 JALAN BESAR ,#08-11 SIM LIM TOWER, Singapore 208787 (“GSOFTCOMM PTE. LTD.”, “GSOFT” “we”, “us”, or “our”) and the entity identified in the order (“You”). This Agreement sets forth the terms and conditions that govern orders placed under this Agreement. By accepting this agreement through an ordering document that incorporates this agreement, parties agrees to follow and be bound to by the terms and conditions stated in this Agreement .If you are entering into this agreement on behalf of the company or other legal entity you represent , that you have the right authority to bind such entity to the terms and conditions of this agreement .Terms “You” and “your “ represents the entity identified through the Order . This agreement gets active when the client accepts our products or services and started using our products and services.
Use of the Services
1.2 We will make the GSOFTCOMM PTE. LTD. Products & services listed in our order (the “Services”) available to You pursuant to this Agreement and Your order. Except as otherwise stated in this Agreement or Your order, You have the non-exclusive, limited right to use the products and Services during the period defined in Your order, unless earlier terminated in accordance with this Agreement or the order (the “Services Period”), solely for Your internal business operations. You may allow Your Users to use the Services for this purpose, and You are responsible for their compliance with this Agreement and Your order.
1.3 The Services and Products Specifications describe and govern the Products and Services. During the Services Period, we may update the Products, Services and Service Specifications to reflect changes in, among other things, laws, regulations, rules, technology, industry practices, patterns of system use, and availability of Third Party Content. GSOFTCOMM PTE. LTD. updates to the Products, Services or Service Specifications will not materially reduce the level of performance, functionality, security or availability of the Products, Services during the Services Period of Your order.
1.4 You may not, and may not cause or permit others to: (a) use the Products or Services to threat or harass any person; cause damage or injury to any person or property; publish any material that is false, defamatory, harassing or obscene; violate privacy rights; promote bigotry, racism, hatred or harm; send unsolicited bulk e-mail, junk mail, spam or chain letters; infringe property rights; or otherwise violate applicable laws, ordinances or regulations; (b) perform or disclose any benchmarking, availability or performance testing of the Services; or (c) perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking, remote access or penetration tests of the Services (the “Acceptable Use Policy”). In addition to other rights that we have in this Agreement and Your order, we have the right to take remedial action if the Acceptable Use Policy is violated, and such remedial action may include removing or disabling access to material that violates the policy.
Fees and Payments
2.1 On every month end GSOFTCOMM PTE. LTD. will generate invoice and share the same to our clients .All fees payable are due within Seven (7) days from the invoice date. Once placed, Your order is non-cancellable and the sums paid nonrefundable, except as provided in this Agreement or Your order. You will pay any sales, value-added or other similar taxes imposed by applicable law that we must pay based on the Services You ordered, except for taxes based on our income. Also, You will reimburse us for reasonable expenses related to any non-Cloud GSOFTCOMM PTE. LTD. services or products ordered, such as professional services. Fees for Services listed in an order are exclusive of taxes and expenses. If your payments are not received after the due date, we will terminate the services within a period of 15 days from the Invoice date, your datas and instances will get removed in full if payments is overdue for a period of 1 month from date of invoice .You have the option to secure your instances and data by paying amounts within 15 days time from the date of invoice by paying 1.5% interest for the Overdue period .
2.2 Goods and Services Tax ("GST") is implemented GST now applies on all sales of cloud Products and services made by GSOFTCOMM PTE. LTD. to customers in Singapore
If you are using our services for business purposes and are registered for Singapore GST, please update your payer and each linked account with your business’s GST number and the address to which the GST is registered. This will allow us to provide you with a correct tax invoice for the GST you pay and will enable you to obtain a tax credit in accordance with tax laws of Singapore as per your circumstances.
If you are not using our cloud products and services for business purposes, please still review your billing and contact addresses to ensure that the information is correctly provided.
2.3 If You exceed the quantity of Products or Services ordered, then You promptly must purchase and pay fees for the excess quantity.
2.4 You understand that You may receive multiple invoices for the Services ordered. Invoices will be submitted to You pursuant to GSOFTCOMM PTE. LTD. .'s Invoicing Standard Policy.
Ownership Rights and Restrictions
3.1 GSOFTCOMM PTE. LTD grants you limited license to access and make personal use of the GSOFTCOMM PTE. LTD Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent from us. This license does not include any resale or commercial use of GSOFTCOMM PTE. LTD s Website or its contents; any derivative or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise
specified by GSOFTCOMM PTE. LTD in a separate license, your right to use any software, data, documentation or other materials that you access or download through our Site is subject to these Site Terms or, if you have an account, and the proper Agreement for the same.
3.2 GSOFTCOMM PTE. LTD Site or any portion of our Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of us. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right You cannot use any of our logo or other proprietary graphics or trademark without express written permission.
3.3. You may not, and may not cause or permit others to: (a) modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, republish or copy any part of the Services (including data structures or similar materials produced by programs); (b) access or use the Services to build or support, directly or indirectly, products or services competitive to GSOFTCOMM PTE. LTD. .; or (c) license, sell, transfer ,assign, distribute, outsource, permit timesharing or service bureau use of, commercially exploit, or make available the Services to any third party except as permitted by this Agreement or Your order.
3.4. You or Your licensors retain all ownership and intellectual property rights in and to Your Content. We or our licensors retain all ownership and intellectual property rights in and to the Services, derivative works thereof, and anything developed or delivered by or on behalf of us under this Agreement.
3.5. You may have access to Third Party Content through use of the Services. Unless otherwise stated in Your order, all ownership and intellectual property rights in and to Third Party Content and the use of such content is governed by separate third party terms between You and the third party.
3.6. You grant us the right to host, use, process, display and transmit Your Content to provide the Services pursuant to and in accordance this Agreement and Your order. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content, and for obtaining all rights related to Your Content required by GSOFTCOMM PTE. LTD. to perform the Services
4.1. By virtue of this Agreement, the parties may disclose information that is confidential (“Confidential Information”). Confidential Information shall be limited to the terms and pricing under this Agreement, Your Content residing in the Services, and all information clearly identified as confidential at the time of disclosure.
4.2. A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
4.3. Each party agrees not to disclose the other party’s Confidential Information to any third party other than as set forth in the following sentence for a period of five years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, we will protect the confidentiality of Your Content residing in the Services for as long as such information resides in the Services. Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement, and each party may disclose the other party’s Confidential Information in any legal proceeding or to a governmental entity as required by law. We will protect the confidentiality of Your Content residing in the Services in accordance with the GSOFTCOMM PTE. LTD. security practices defined as part of the Service Specifications applicable to your order.
Protection Of Your Content
5.2. GSOFTCOMM PTE. LTD. .’s Data Processing Agreement for GSOFTCOMM PTE. LTD. Cloud Services (the “Data Processing Agreement”), which is available at and incorporated herein by reference, describes how we will process Personal Data that You provide to us as part of GSOFTCOMM PTE. LTD. ’s provision of the products and Services, unless stated otherwise in Your order. You agree to provide any notices and obtain any consents related to Your use of, and our provision of, the Services.
5.3. GSOFTCOMM PTE. LTD. will protect Your Content as described in the Service Specifications, which define the administrative, physical, technical and other safeguards applied to Your Content residing in the Services and describe other aspects of system management applicable to the Services. We and our affiliates may perform certain aspects of the Services (e.g., administration, maintenance, support, disaster recovery, data processing, etc.) from locations and/or through use of agents services.
5.4. If you use our Site, you are responsible for maintaining the confidentiality of your account with us and password for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GSOFTCOMM PTE. LTD reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
You are responsible for any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content, including any viruses, Trojan horses, worms or other harmful programming routines contained in Your Content, or from Your use of the Services in a manner that is inconsistent with the terms of this Agreement. You may disclose or transfer, or instruct us to disclose or transfer, Your Content to a third party, and upon such disclosure or transfer we are no longer responsible for the security or confidentiality of such content and applications outside of GSOFTCOMM PTE. LTD. .
Warranties, Disclaimers And Exclusive Remedies
6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority to do so. We warrant that during the Services Period, we will perform the Services using commercially reasonable care and skill in all material respects as described in the Service Specifications. If the Services provided to You were not performed as warranted, You must promptly provide us with a written notice that describes the deficiency in the Services (including, as applicable, the service request number notifying us of the deficiency in the Services).
6.2 WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE ,OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES.
6.3. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION.
6.4. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR SOFTWARE, HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.5 GSOFTCOMM PTE. LTD SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GSOFTCOMM PTE. LTD DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE; ITS SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GSOFTCOMM PTE. LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation Of Liability
7.1. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), SALES, DATA, DATA USE GOODWILL OR REPUTATION.
7.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GSOFTCOMM PTE. LTD. .AND OUR AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS ACTUALLY PAID FOR THE SERVICES UNDER THE ORDER GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY UNDER SUCH ORDER.
8.1. If a third party makes a claim against either You or GSOFTCOMM PTE. LTD. (“Recipient” which may refer to You or us depending upon which party received the Material), that any information, design, specification, instruction, software, service, data, hardware, or material (collectively, “Material”) furnished by either You or us (“Provider” which may refer to You or us depending on which party provided the Material) and used by the Recipient infringes the third party’s intellectual property rights, the Provider, at the Provider’s sole cost and expense, will defend the Recipient against the claim and indemnify the Recipient from the damages, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by the Provider, if the Recipient does the following:
8.2. If the Provider believes or it is determined that any of the Material may have violated a third party’s intellectual property rights, the Provider may choose to either modify the Material to be non-infringing (while substantially preserving its utility or functionality) or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, the Provider may end the license for, and require return of, the applicable Material and refund any unused, prepaid fees the Recipient may have paid to the other party for such Material. If such return materially affects our ability to meet obligations under the relevant order, then we may, upon 30 days prior written notice, terminate the order. If such Material is third party technology and the terms of the third party license do not allow us to terminate the license, then we may, upon 30 days prior written notice, end the Services associated with such Material and refund any unused, prepaid fees for such Services.
8.3 The Provider will not indemnify the Recipient if the Recipient (a) alters the Material or uses it outside the scope of use identified in the Provider’s user or program documentation or Service Specifications, or (b) uses a version of the Material which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Material which was made available to the Recipient. The Provider will not indemnify the Recipient to the extent that an infringement claim is based upon any Material not furnished by the Provider. We will not indemnify You to the extent that an infringement claim is based on Third Party Content or any Material from a third party portal or other external source that is accessible or made available to You within or by the Services (e.g., a social media post from a third party blog or forum, a third party Web page accessed via a hyperlink, marketing data from third party data providers, etc.).
8.4. This Section 8 provides the parties’ exclusive remedy for any infringement claims or damages.
Term And Termination
9.1. This Agreement is valid for the order which this Agreement accompanies.
9.2 Services provided under this Agreement shall be provided for the Services Period defined in Your order. If stated in the Service Specifications, the Services Period of certain Cloud Services will automatically be extended for an additional Services Period of the same duration unless (i) You provide GSOFTCOMM PTE. LTD. with written notice no later than thirty (30) days prior to the end of the applicable Services Period of Your intention not to renew such Cloud Services, or (ii) GSOFTCOMM PTE. LTD. . provides You with written notice no later than ninety (90) days prior to the end of the applicable Services Period of its intention not to renew such Cloud Services.
9.3. We may suspend Your or Your Users’ access to, or use of, the Services if we believe that (a) there is a significant threat to the functionality, security, integrity, or availability of the Services or any content, data, or applications in the Services; (b) You or Your Users are accessing or using the Services to commit an illegal act; or (c) there is a violation of the Acceptable Use Policy. When reasonably practicable and lawfully permitted, we will provide You with advance notice of any such suspension. We will use reasonable efforts to re-establish the Services promptly after we determine that the issue causing the suspension has been resolved. During any suspension period, we will make Your Content (as it existed on the suspension date) available to You. Any suspension under this paragraph shall not excuse You from Your obligation to make payments under this Agreement.
9.4. If either of us breaches a material term of this Agreement or the order and fails to correct the breach within 30 days of written specification of the breach, then the breaching party is in default and the non-breaching party may terminate the order under which the breach occurred. If we terminate the order as specified in the preceding sentence, You must pay within 15 days all amounts that have accrued prior to such termination, as well as all sums remaining unpaid for the Services under such order plus related taxes and expenses. Except for nonpayment of fees, the non breaching party may agree in its sole discretion to extend the 30 day period for so long as the breaching party continues reasonable efforts to cure the breach. You agree that if You are in default under this Agreement, You may not use those Services ordered.
9.5. For a period of no less than 30 days after the end of the Services Period of an order, we will make Your Content (as it existed at the end of the Services Period) available for retrieval by You At the end of such 30 day period, and except as may be required by law, we will delete or otherwise render inaccessible any of Your Content that remains in the Services.
9.6 Provisions that survive termination or expiration of this Agreement are those relating to limitation of liability, indemnification, payment and others which by their nature are intended to survive.
Third-party Content, Services And Web Sites
10.1 The Services may enable You to link to, transmit Your Content to, or otherwise access third parties’ websites, platforms, content, products, services, and information. We do not control and are not responsible for such third parties’ websites, platforms, content, products, services, and information.
10.2 Any Third Party Content we make accessible is provided on an “as-is” and “as available” basis without any warranty of any kind. You acknowledge and agree that we are not responsible for, and have no obligation to control, monitor, or correct, Third Party Content. We disclaim all liabilities arising from or related to Third Party Content.
10.3 You acknowledge that: (i) the nature, type, quality and availability of Third Party Content may change at any time during the Services Period, and (ii) features of the Services that interoperate with third parties such as Facebook™, YouTube™ and Twitter™, etc. (each, a “Third Party Service”), depend on the continuing availability of such third parties’ respective application programming interfaces (APIs). We may need to update, change or modify the Services under this Agreement as a result of a change in, or unavailability of, such Third Party Content, Third Party Services or APIs. If any third party ceases to make its Third Party Content or APIs available on reasonable terms for the Services, as determined by us in our sole discretion, we may cease providing access to the affected Third Party Content or Third Party Services without any liability to You. Any changes to Third Party Content, Third Party Services or APIs, including their unavailability, during the Services Period does not affect Your obligations under this Agreement or the applicable order, and You will not be entitled to any refund, credit or other compensation due to any such changes.
Service Monitoring, Analyses And Gsoftcomm Pte. Ltd
11.1. We continuously monitor the Services to facilitate GSOFTCOMM PTE. LTD. .’s operation of the Services; to help resolve Your service requests; to detect and address threats to the functionality, security, integrity, and availability of the Services as well as any content, data, or applications in the Services; and to detect and address illegal acts or violations of the Acceptable Use Policy. GSOFTCOMM PTE. LTD. monitoring tools do not collect or store any of Your Content residing in the Services, except as needed for such purposes. GSOFTCOMM PTE. LTD. does not monitor, and does not address issues with, non-GSOFTCOMM PTE. LTD. software provided by You or any of Your Users that is stored in, or run on or through, the Services. Information collected by GSOFTCOMM PTE. LTD. monitoring tools (excluding Your Content) may also be used to assist in managing GSOFTCOMM PTE. LTD.’s product and service portfolio, to help GSOFTCOMM PTE. LTD. . address deficiencies in its product and service offerings, and for license management purposes.
11.2. We may (i) compile statistical and other information related to the performance, operation and use of the Services, and (ii) use data from the Services in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as “Service Analyses”). We may make Service Analyses publicly available; however, Service Analyses will not incorporate Your Content or Confidential Information in a form that could serve to identify You or any individual, and Service Analyses do not constitute Personal Data. We retain all intellectual property rights in Service Analyses.
11.3. We may provide You with online access to download certain GSOFTCOMM PTE. LTD. . Software for use with the Services. If we license GSOFTCOMM PTE. LTD. Software to You and do not specify separate terms for such software, then such GSOFTCOMM PTE. LTD. Software is provided as part of the Services and You have the non-exclusive, worldwide, limited right to use such GSOFTCOMM PTE. LTD. Software, subject to the terms of this Agreement and Your order, solely to facilitate Your use of the Services. You may allow Your Users to use the GSOFTCOMM PTE. LTD. Software for this purpose, and You are responsible for their compliance with the license terms. Your right to use GSOFTCOMM PTE. LTD. Software will terminate upon the earlier of our notice (by web posting or otherwise) or the end of the Services associated with the GSOFTCOMM PTE. LTD. . Software. If GSOFTCOMM PTE. LTD. Software is licensed to You under separate third party terms, then Your use of such software is governed by the separate third party terms.
12.1. Export laws and regulations of Singapore and any other relevant local export laws and regulations apply to the Services. Such export laws govern use of the Services (including technical data) and any Services deliverables provided under this Agreement, and You and we each agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information, software programs and/or materials resulting from Services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.
12.2. You acknowledge that the Services are designed with capabilities for You and Your Users to access the Services without regard to geographic location and to transfer or otherwise move Your Content between the Services and other locations such as User workstations. You are solely responsible for the authorization and management of User accounts across geographic locations, as well as export control and geographic transfer of Your Content.
Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancelation of any export, import or other license); or other event outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, either of us may cancel unperformed Services and affected orders upon written notice. This Section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or Your obligation to pay for the Services.
Governing Law And Jurisdiction
This Agreement is governed by the substantive and procedural laws of Singapore and each party agrees to submit to the exclusive jurisdiction of, and venue in, the courts in Kerala in any dispute arising out of or relating to this Agreement.
15.1. Any notice required under this Agreement shall be provided to the other party in writing. If You have a legal dispute with us or if You wish to provide a notice under the Indemnification Section of this Agreement, or if You become subject to insolvency or other similar legal proceedings, You will promptly send written notice to: GSOFTCOMM PTE. LTD. Singapore, 10 JALAN BESAR ,#08-11 SIM LIM TOWER, Singapore 208787
15.2. We may give notices applicable to our Services customers by means of a general notice on the GSOFTCOMM PTE. LTD. portal for the Services, and notices specific to You by electronic mail , Your e-mail address on record in our account information or by written communication sent by first class mail or pre-paid post to Your address on record in our account information.
You may not assign this Agreement or give or transfer the Services, or any interest in the Services, to another individual or entity.
17.1. We are an independent contractor, and each party agrees that no partnership, joint venture, or agency relationship exists between the parties.
17.2. Our business partners and other third parties, including any third parties with which the Services have integrations or that are retained by You to provide consulting services, implementation services or applications that interact with the Services, are independent of GSOFTCOMM PTE. LTD. and are not GSOFTCOMM PTE. LTD. .’s agents. We are not liable for, bound by, or responsible for any problems with the Services or Your Content arising due to any acts of any such business partner or third party, unless the business partner or third party is providing Services as our subcontractor on an engagement ordered under this Agreement and, if so, then only to the same extent as we would be responsible for our resources under this Agreement.
17.3. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective and such term shall be replaced with another term consistent with the purpose and intent of this Agreement.
17.4. Except for actions for nonpayment or breach of GSOFTCOMM PTE. LTD..’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than two years after the cause of action has accrued.
17.5. Prior to entering into an order governed by this Agreement, You are solely responsible for determining whether the Services meet Your technical, business or regulatory requirements. GSOFTCOMM PTE. LTD. will cooperate with Your efforts to determine whether use of the standard Services are consistent with those requirements. Additional fees may apply to any additional work performed by GSOFTCOMM PTE. LTD. or changes to the Services. You remain solely responsible for Your regulatory compliance in connection with Your use of the Services.
17.6. Upon forty-five (45) days written notice and no more than once every twelve (12) months, GSOFTCOMM PTE. LTD. may audit Your compliance with the terms of this Agreement and Your order. You agree to cooperate with GSOFTCOMM PTE. LTD.’s audit and to provide reasonable assistance and access to information. Any such audit shall not unreasonably interfere with Your normal business operations.
18.1. You agree that this Agreement and the information which is incorporated into this Agreement by written reference (including reference to information contained in a URL or referenced policy), together with the applicable order, is the complete agreement for the Services ordered by You and supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such Services.
18.2. It is expressly agreed that the terms of this Agreement and any GSOFTCOMM PTE. LTD.’s order shall supersede the terms in any purchase order, procurement internet portal, or other similar non-GSOFTCOMM PTE. LTD.’s document and no terms included in any such purchase order, portal, or other non-GSOFTCOMM PTE. LTD. document shall apply to the Services ordered. In the event of any inconsistencies between the terms of an order and the Agreement, the order shall take precedence; however, unless expressly stated otherwise in an order, the terms of the Data Processing Agreement shall take precedence over any inconsistent terms in an order. This Agreement and orders hereunder may not be modified and the rights and restrictions may not be altered or waived except in a writing signed or accepted online by authorized representatives of You and of GSOFTCOMM PTE. LTD. however, GSOFTCOMM PTE. LTD. may update the Service Specifications, including by posting updated documents on GSOFTCOMM PTE. LTD.’s websites. No third party beneficiary relationships are created by this Agreement.
19.1.“GSOFTCOMM PTE. LTD. Software” means any software agent, application or tool that GSOFTCOMM PTE. LTD. makes available to You for download specifically for purposes of facilitating Your access to, operation of, and/or use with, the Services.
19.2.“Program Documentation” refers to the user manuals, help windows, readme files for the Services and any GSOFTCOMM PTE. LTD. Software. You may access the documentation online at or such other address specified by GSOFTCOMM PTE. LTD.
19.4.“Third Party Content” means all software, data, text, images, audio, video, photographs and other content and material, in any format, that are obtained or derived from third party sources outside of GSOFTCOMM PTE. LTD. that You may access through, within, or in conjunction with Your use of, the Services. Examples of Third Party Content include data feeds from social network services, rss feeds from blog posts, GSOFTCOMM PTE. LTD. data marketplaces and libraries, dictionaries, and marketing data.
19.5.“Users” means those employees, contractors, and end users, as applicable, authorized by You or on Your behalf to use the Services in accordance with this Agreement and Your order. For Services that are specifically designed to allow Your clients, agents, customers, suppliers or other third parties to access the Cloud Services to interact with You, such third parties will be considered “Users” subject to the terms of this Agreement and Your order.
19.6.“Your Content” means all software, data (including Personal Data as that term is defined in the Data Processing Agreement for GSOFTCOMM PTE. LTD. Cloud Services described in this Agreement), text, images, audio, video, photographs, non-GSOFTCOMM PTE. LTD. or third party applications, and other content and material, in any format, provided by You or any of Your Users that is stored in, or run on or through, the Services. Services under this Agreement, GSOFTCOMM PTE. LTD. Software, other GSOFTCOMM PTE. LTD. products and services, and GSOFTCOMM PTE. LTD. .intellectual property, and all derivative works thereof, do not fall within the meaning of the term “Your Content”.
Gsoftcomm PTE. LTD Cloud Service Level Agreement
Service Level Agreement General
Gsoftcomm PTE Ltd Cloud Service Level Agreement ("SLAG") is an agreement governing the use of Services and it applies separately to each account. If any of the terms contained in Gsoftcomm PTE Ltd Cloud Customer Agreement and Service Level Agreement General conflicts or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLAG apply, but only to the extent of such conflict.
Gsoftcomm PTE Ltd will make commercially reasonable efforts to make Gcloud products and Services available with the Monthly Stipulated Uptime Percentages of 99.99 % set for each of the Gcloud data center’s excluding scheduled maintenance.The data center network means the portion of Gsoftcomm PTE Ltd network extending from the outbound port on your device to the outbound port of the data center router and includes Gsoftcomm PTE Ltd ‘s managed switches, routers, and Cabling
Our Customer support or Service Team is working 24/7/365 support through trouble tickets, and you could reach us through www.gsoftcomm.net. Average response time for free support is 05 hours for services under general SLA for unmanaged and basic managed services, these include VPS, and VPS, semi dedicated server and dedicated server. Gsoft Express Service support , paid cloud support is working with immediate response and express solutions with negligible turn around time . All support provided beyond hardware issues and server reboots is considered Advanced/Priority Support and is billable.
Data Center and Network Maintenance
Our Network and data center HVAC and power will be functioning without fail in a given month, excluding scheduled maintenance. Power includes UPSs, PDUs and cabling, but does not include the power supplies on your servers. Network downtime exists when a particular server is shut down due to power or heat problems, or other unexpected issues .
We provide 100 % guarantee with the functioning of all of our VM ‘s, Servers ,and server hardware components and will replace any of our servers failed component at no cost if it is fully owned by Gsoftcomm PTE Ltd or its AMC is undertaken by us . “Hardware” means the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. Hardware replacement will begin once we identify the cause of the problem. Hardware replacement is guaranteed to be complete within bare minimum hours of problem identification. We always make substantial efforts to make all our Servers live by Advanced integrated server management tools. Recovery of server may be billable and is dependent on the nature of the required procedures involved .For the same mutually agreed terms and conditions will be drafted and served as case to case .
Gsoftcomm PTE Ltd will make sure that billed Operating Systems like Windows and Linux operating systems are installed in your VMs or Servers , for initial installations its charge free and we would ensure that installed OS is working fine .We used to provide our clients options to buy supporting software’s like control panel (cPanel/WHM/PLESK) etc from our Market Place Options provided in our website . Clients need to pay extra charges for third party software’s and application as per the providing parties terms and conditions .
Managed and Unmanaged Installations
Gsoftcomm PTE Ltd will perform the initial installation of Operating system for VMs that are managed by client and for Managed VMs, installations of operating system and test for cPanel/WHM or PLESK control panel will be supported by us, and we would ensure its working to the best of it’s ability especially control panel related problems and issues. This includes, and is limited to, support of basic control panel functions (ie: adding/removing accounts, dns functions, password changes, etc…), if control panel is installed by 3rd party softwares (ie: proftpd, pureftpd, mailman, agora). we will not provide support of the control panel software, or any of its’ 3rd party software inclusions, regarding issues of software bugs or errors, and such errors and issues should be brought to the attention of the third party supplier by client itself . We provide VMs and its operating system only and is not responsible for web development, non-supported 3rd party software or scripts (ie: compatibility, installation, maintenance), and/or ongoing daily administration tasks (ie: setting up new users, email accounts, & domains). Gsoftcomm PTE Ltd at it’s sole discretion, may assist with initial custom setup/configuration of the server (ie: setting up new users, email accounts, & domains, and/or software modifications).
Backup and Recovery
Gsoftcomm PTE Ltd recommends to purchase backup storage/service with any and all systems/services. Clients at its sole discretion may purchase backup drives or backup storages and perform their own backups–with or without Gcloud products or allied suppliers backup options or may purchase a managed backup solution from us.
As per our BACKUP and SERVER Management options, your use of this service is at your sole risk. Gsoft is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Gsoftcomm PTE Ltd’s VM’s and Servers. Backup on all services is purely for disaster recovery purpose only. Retrieval and restoration of files will be charged as case to case upon mutually agreed terms .Gsoftcomm PTE Ltd’s customer, are solely responsible for the data’s or content stored on our VM,s or Server
Restoration is defined as returning the server to its original configuration, as per the date the server first went live on the network. If hardware failure causes corrupted operating system, data files, or damaged service configurations, Gsoftcomm PTE Ltd will restore the system to its original state however possible. We are not responsible for the restoration of data to server. If hardware failure is experienced and subsequent data loss occurs, client is ultimately responsible for data restoration. Gsoftcomm PTE Ltd shall not be liable for loss of data under any circumstances
Gsoftcomm PTE Ltd does not take responsibility for the overall security of servers. If servers are compromised in any way, we reserve the right to immediately audit the server. Our medium to upper-tier dedicated service plans receive monthly security auditing, per request, as part of our overall managed services program but security is the responsibility of the client. Gsoftcomm PTE Ltd reserves the right to cancel service if servers are compromised via the implementation of weak password schemes, elderly backend application content and scripting, or via other blatant disregard to simple security measures. If we need to engage to this issue and solve it client required to raise Critical support on case by case on mutually agreed charges .
Gsoftcomm PTE Ltd charges special rates for support or administration work not included for example recompilation of OS and its related components, system hardening, firewall and iptables setting, control panel administration, email administration, website administration, files transfers upload and download, DNS administration, DNSBL/RBL mitigation or specified by the terms of this basic management policy. Support and/or administration work not included or specified by the terms of this management policy, will be performed by Gsoftcomm PTE Ltd at it’s discretion, and dealt with on a case by case basis. Client will be informed of such charges in advance and as per mutually agreed terms client need to provide authorization to Gsoftcomm PTE Ltd to carry on such work
Scheduled & Non Scheduled Server Maintenance and Service Down Time & Exclusions
Unplanned interruption in Service Availability in service offered by Gsoftcomm PTE Ltd . is described as Service Downtime Client is unable to access the services and the interruption is determined to have been caused by a problem in the immediate Gsoftcomm PTE Ltd network segment as confirmed by Gsoftcomm PTE Ltd. Service Downtime is calculated for the time for which service is down in a particular month . If any unplanned outages due to third-party software failure are the direct responsibility of the software publisher/third-party provider, not Gsoftcomm PTE Ltd.
Scheduled Service is any Gsoftcomm PTE Ltd interruption of Services.which is Scheduled Service Downtime occurs during a Gsoftcomm PTE Ltd standard server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication. Scheduled downtime is coordinated with the Client to the best of Gsoftcomm PTE Ltd notice policies and we would provides options to align the window of maintenance with the Client’s explicit wishes.
This Service Level Agreement does not cover Service Downtime caused by problems in the following:
If the client is terminating the plan without providing 1 month notice client need to settle the fees and penalty as applicable from time to time which will be listed in clients account portal from time to time and for those period of which subscription is taken and are pending to clear the payment amount .One month advance notice is required for termination of this service before the contractual period. A penalty fee of 1 month the subscription value will be imposed if notice period if its less than 1 month. No downgrading of plans is allowed within the contractual period. If you terminate our services before the expiry if the stipulated period , you need to abide by necessary notice policy and are required to remit payments for the remaining subscription period
Upon the receipt of payments from the client we establish our services Payments due dates are calculated on the basis of date of sign in and the date on which billable or paid products or service is taken and is due on a recurring date if its on monthly payments .The accepted methods of payment are credit card (Accepted card details and other payment modes will be listed in our website ). Customers are responsible for any additional transaction fees that coincide with any payment methods. Customer should make sure that payments are get credited to us prior to the invoice due date. The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the customer’s services or their entire accounts opened with us. Service will be interrupted on accounts that reach due as per the terms mentioned in Customer Agreement . If services got interrupted and account is deactivated it would get live only after the receipt of payments within the stipulated time period mentioned in Customer Agreement signed by client.
Clients are requested not to violate the security features of Gsoftcomm PTE Ltd’s Networks If any of the clients or Users violates or attempting to violate the security of our Network such users or clients would be penalised and Gsoftcomm PTE Ltd reserves the full right to get the damages caused to it in connection with the same .Violations of system or network security may result in civil or criminal liability. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Gsoftcomm PTE Ltd reserves the right to suspend network access to any customer if in the judgment of our network administrators, the customer’s server is the source or target of a violation of any of the other terms or for any other reason that Gsoftcomm PTE Ltd deems necessary. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In case of major violations law enforcement will be made regarding the activity. We reserve the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. You will be responsible for the client software’s and third party software’s installed on your VM’ s allotted by us . Without prejudice to any other rights, we may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these terms and conditions. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts and you are restricted from reselling or infringing the copy right acts of certain products or services offered .Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at any time without further obligation. Gsoftcomm PTE Ltd is not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. We deny any warranty or merchantability for a specific purpose. It includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Gsoftcomm PTE Ltd
Gsoftcomm PTE Ltd has the right to enter into this Agreement and to grant the rights granted in it and shall, in good faith, comply with the terms of this Agreement. The products and services provided by Gsoftcomm PTE Ltd are provided “AS IS”, WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF
: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4)QUALITY; 5) NON-INFRINGEMENT;
CLIENT AGREES THAT ANY EFFORTS BY GSOFTCOMM PTE LTD TO MODIFY ITS PRODUCTS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY GSOFTCOMM PTE LTDS WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT FURTHER AGREES THAT GSOFTCOMM PTE LTD SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF GSOFTCOMM PTE LTD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES .
Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, Gsoftcomm PTE Ltd liability is limited to the greatest extent permitted by law. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client’s particular requirements for accuracy of data input and output, and for maintaining a means external to Gsoftcomm PTE Ltd for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client’s sole risk.
Client confirms that order placed is accurate and all the service requested from Gsoftcomm PTE Ltd are included in this agreement and this contract is binding on the parties engaged in this agreement . This Agreement contains all of the covenants and agreements between Gsoftcomm PTE Ltd and its client . This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties’ signatures. By accepting the products or services of Gsoftcomm PTE Ltd or activating your account from our website , client is automatically liable to the rules and policies stipulated in this agreement.
Gsoftcomm PTE. LTD Site terms
Updated: April 10, 2022.
Use of the Services
We communicate with you by sending email or by posting notices in our GSOFTCOMM PTE. LTD website. When you accept those notices and agreements we are communicating with you electronically and you are agreeing to abide those terms , disclosures and notices for using our products and services and its satisfy any legal requirement that such communications be in writing.
All content displayed in GSOFTCOMM PTE. LTD, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GSOFTCOMM PTE. LTD or its content suppliers and protected by international copyright .GSOFTCOMM PTE. LTD.’s content on our Site is exclusive property of us and it is protected by Singapore Laws and international copyright laws. All software used in our Web Site is the property of GSOFTCOMM PTE. LTD or its software suppliers and protected by Singapore Laws and international copyright
GSOFT grants you a limited license to access and make personal use of the GSOFT Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GSOFT. This license does not include any resale or commercial use of the GSOFT Site or its contents; any derivative use of the GSOFT Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise allowed by GSOFTCOMM PTE. LTD in a separate license, your right to use any software, data, documentation or other materials that you access or download through the GSOFTCOMM PTE. LTD Site is subject to these Site Terms or, if you have an GSOFTCOMM PTE. LTD account subject to the terms agreed and through electronic communications.
The GSOFTCOMM PTE. LTD Web Site or any portion of the GSOFTCOMM PTE. LTD Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GSOFTCOMM PTE. LTD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GSOFTCOMM PTE. LTD without express written consent. You may not use any meta tags or any other “hidden text” utilizing GSOFTCOMM PTE. LTD ’s name or trademarks without the express written consent of GSOFTCOMM PTE. LTD . Any unauthorized use terminates the permission or license granted by us.
GSOFTCOMM PTE. LTD, is not responsible for maintaining the confidentiality of your account and password created with us and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GSOFTCOMM PTE. LTD reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
GSOFTCOMM PTE. LTD respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please share an email communication or through our chat facility
Disclaimer of warranties and limitation of liability
The gsoft site and all information, content, materials, products (including any software) and services included on or otherwise made available to you through this site are provided by gsoftcomm pte. Ltd on an “as is” and “as available” basis, unless otherwise specified in the agreement. Gsoft makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including any software) or services included on or otherwise made available to you through the gsoftcomm pte. Ltd site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, gsoftcomm pte. Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a specific purpose. Gsoftcomm pte. Ltd does not warrant that this site; information, content, materials, products (including any software) or services included on or otherwise made available to you through the gsoftcomm pte. Ltd site; its servers; or e-mail sent from gsoftcomm pte. Ltd are free of viruses or other harmful components. Gsoftcomm pte. Ltd will not be liable for any damages of any kind arising from the use of the gsoftcomm pte. Ltd site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the gsoftcomm pte. Ltd, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in the agreement. Certain countries laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
By visiting the GSOFTCOMM PTE. LTD Site, you agree that the GSOFTCOMM PTE. LTD is registered in Singapore laws ,and if you are using our products or services you need to abide to those laws . Singapore laws will govern these Web Site Terms and any dispute of any sort that might arise between you and GSOFTCOMM PTE. LTD.
Any dispute relating in any way to your visit to the GSOFT Site or to services provided by GSOFTCOMM PTE. LTD or through the GSOFTCOMM PTE. LTD Site in which the aggregate claim cannot exeed the amount of payments made by you .
Policy modification and severability
Agreements and Notices and disclosures in GSOFTCOMM PTE. LTD Site govern our Site policy. We reserve the right to make changes to the GSOFTCOMM PTE. LTD, policies, and rules from time to time as deems fit . If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Gsoftcomm PTE LTD.
10 JALAN BESAR ,#08-11 SIM LIM TOWER,
Notice for Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please reach us with written information specified below. Please note that this procedure is exclusively for notifying GSOFT that your copyrighted material has been infringed.
GSOFT’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent/Gsoftcomm PTE LTD.
Gsoftcomm PTE LTD.
10 JALAN BESAR ,
#08-11 SIM LIM TOWER,
Last Updated on March 7, 2022.
This policy is effective as on March 7, 2022. Please note that this privacy statement will be updated from time to time.
We can place cookies and other similar technology on your device, including mobile device, in accordance with your preferences set on our cookie consent manager. Depending on your settings in our cookie consent manager on your mobile device, the following information may be collected through cookies or similar technology: your unique device identifier, mobile device IP address, information about your device’s operating system, mobile carrier and your location information (to the extent permissible under applicable law).
Category of Information we collect
Account Registration and contact information
We may ask for the below information when you register for an account Contact and account registration information, Name, address, email, telephone number, username and password
Financial and transactional information. Credit card, debit card, banking or other payment information. This information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, subscriber information through our third-party payment processor.
User Content.Information provided by customers stored, processed, maintained or transmitted using our Products and Services. File system information such as stored file folder names, file extensions, file sizes.
1. Information We Collect
Cookies and identifiers. The configuration of any device registered for use in connection with the Products and Services, including any hardware delivered as part of the Products and Services (each a “Device”); also IP address; browser type time stamp, operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifier.
Usage data of Services
Information about files you download, domain names, landing pages, usage activity, utilization of our Services, such as processor and memory usage, storage capacity, navigation of our Services, content viewed and accessed, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information.
If you choose to link our Services to a third-party account, we will receive information about that account, such as your authentication token from the third-party account, to authorize linking. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options.
2. Why We Use Information
Purposes of Use
Communicate with you, either directly or through one of our partners, including for customer service, providing you with transactional updates and information about the Services and for marketing and promotional purposes to provide you with updates and other information relating to the Service, and for marketing and promotional purposes; In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or other means for marketing purposes.
Provide the Services, for example, Processing and fulfilling your requests using the services.
Monitoring, preventing, and detecting fraud, such as through verifying your identity
Combatting spam or other malware or security risks
Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and for compliance purposes, including enforcing our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
3. Why We Share Information
We may share certain personal information with other businesses or allow them to collect certain personal information through the use of website cookies, pixels, or other technologies in order to provide services to us such as analyzing our Services and advertising and marketing our Services on other sites or apps. You can control certain of these cookies through browser settings and other controls.
Service Providers. Gsoft may share any category of data it collects, including Personal Data, with third-party service providers in order to provide our Products and Services, Websites or Portals. We may share Personal Data with third party providers for promotional and/or marketing purposes, and to provide you with information relevant to you such as product announcements, software updates, special offers, or other information.
Aggregate Information. Where legally permissible, we may use and share information about users with our partners in aggregated or de-identified form that can’t reasonably be used to identify you.
Advertising. We work with third-party advertising partners to show you ads that we think may interest you. These advertising partners may set and access their own cookies, pixel tags, and similar technologies on our Services, and they may otherwise collect or have access to information about you which they may collect over time and across different online services.
Third-Party Partners. We also share information about users with third-party partners in order to receive additional publicly available information about you. Information We Share When You Sign Up Through a Referral. If you sign up for our Services through a referral from a friend, we may share information with your referrer to let them know that you used their referral to sign up for our Services.
Business Sale. In the event of a merger, consolidation or sale , Information may be disclosed and otherwise transferred to any potential acquirer, successor, or assignee, customers and users acknowledge and agree that data, including encrypted stored data and Personal Data that Gsoft has collected, may be securely shared, disclosed and transferred to such successor or assignee.
Legal Purposes. Gsoft may share information to satisfy any applicable law, regulation, legal process, or governmental request, for the administration of justice, to protect vital interests, to protect the security or integrity of Gsoft databases, Products and Services, Websites or Portals, or to take precautions against legal liability.
With your consent. With user consent to receive marketing materials if necessary under applicable law
4. Retention of data
We may retain data, including Personal Data, for as long as necessary to deliver the Products and Services or for other lawful purposes. We will either delete or anonymize it, then we will securely store your personal information and isolate it from any further processing until deletion is possible.
In some jurisdictions, collecting and using the personal information described above will depend on the personal information concerned, sometimes referred to as legal basis and it vary depending on the purpose and applicable law
However, we will normally collect personal information from you only when we need to process certain personal information to perform our obligations or to manage our contractual relationship with you. where the processing is in our legitimate interests and not overridden by your rights or where we have your consent to do so.
We have legitimate interests to conduct and organize business, which includes the marketing of our offerings, protecting our legal interests, securing our IT environment, or for the purposes of detecting or preventing illegal activities. The processing is based on your consent
We may also need to process certain personal information based on our legal obligation.
6. Third-party Services
You may access other third-party services through the Services, for example by clicking on links to those third-party services from within the Services. We are not responsible for the privacy policies and/or practices of these third-party services, and we encourage you to carefully review their privacy policies.
Gsoft is committed to protect your personal information from unauthorized access, use, and disclosure, we implement reasonable physical, administrative, and technical safeguards. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information
If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing firstname.lastname@example.org. If you terminate your Account, any public activity on your Account prior to deletion may remain stored on our servers and may remain accessible to the public.
To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit Gsoft's ability to comply with a legal obligation; inhibit Gsoft's ability to investigate, make or defend legal claims; result in disclosure of personal information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to Gsoft or a third party.
9. Your Data Protection Rights
If you are an individual resident in EEA, UK or Switzerland, you have the following data protection rights regarding Collected Data
You have the right to request to access, update or we delete any of your personal information that we collected from you and retained, at any time by emailing email@example.com
In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing firstname.lastname@example.org
Opt-Out Of Marketing Communications
If you no longer wish to receive marketing communications from Gsoft, you may click on the “unsubscribe” link located on the bottom of our marketing emails or you can contact us at email@example.com
Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes.
13. International transfer of data
When Gsoft transfers your Personal Data from the EEA, Switzerland and the UK to countries which do not have the same data protection laws as the EEA, Switzerland and the UK we will comply with our legal and regulatory obligations in relation to your Personal Data, including having a lawful basis for transferring Personal Data and putting appropriate safeguards in place to ensure an adequate level of protection for the Personal Data
If you have any questions about this Privacy Notice or our privacy practices, you can contact us at firstname.lastname@example.org
The data controller of your personal information is Gsoftcomm PTE LTD
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