LEGAL
Terms of Service
This Terms of Services Agreement (this “Agreement”, “Terms or “TOS”) is entered into by and between Fibmesh Private Limited (“Fibmesh”, “we”, “our” or “us”) having registered office at Delhi Rectangle, 4th Floor, Rectangle 1, Commercial Complex, D4, Saket, New Delhi-110017 and User (“You”, “Your”), who visits our website www.fibmesh.com (“Website”), and is made effective as of the date of Your use of the Website.
Fibmesh, intends to recreate the internet infrastructure, using software first and platforms approach, wherein configuring national and international networks becomes effortless, by bringing different ecosystem stakeholders including service providers, cloud providers, infrastructure providers, IXPs and Data Centres on a common platform (“Services”) and while keeping required sync among these components, we also recognizes the significance of protecting your sensitive Data and are concerned about maintaining adequate online safety.
The Terms of Service and any other rules or policies posted on the Website or referred to in this Agreement, set forth the legally binding terms, governing Your use of the Service.
REGISTRATION AND USAGE
In order to use the Service and become a User, you must first create a user account (“Account”) by registering for the Service on the Website. Furthermore, by creating an Account (as defined herein), and/or using the Service You agree that You are over the age of eighteen (18) and agree to be bound by all of the terms and conditions of this Agreement.
To access the use of the Services, you will have to create an Account and file mandatory documents: KYCs/declarations for use.
You represent and warrant that:
all Information that You provide is accurate.
that You will update the Information as necessary to maintain its accuracy.
When registering, you will be asked to provide Your email address and create a username and secure password. Your username and the password are used to access Your Account information as well as provide You access to our Services.
Further, you agree that You will not use the username and/or password of any other person. You agree to notify Fibmesh immediately if You suspect that Your Information has been compromised or if You suspect any unauthorized use of the Service, Your username and/or password.
Notwithstanding, you agree that you are solely responsible for any fees accrued by use of the Service attributed to your Account.
If Fibmesh has reason to believe that Your Account information is untrue, inaccurate, out-of-date or incomplete, Fibmesh reserves the right, in its sole and absolute discretion, to suspend or terminate Your Account.
You agree that You are solely responsible (to Us or any third-party) for all the activities that occur under Your Account.
Any act when multiple Accounts are made to bypass any restrictions or commit illegal activities, will result in permanent termination of all Services. We reserve the right to disable Your Account at any time if in Our reasonable opinion You have failed to comply with any of the provisions of these TOS.If You are visiting this Website or using our Services, from a country other than the country in which our servers are located, Your communication with us may result in the transfer of information (including Your Account information) across international boundaries. By visiting our Website and communicating electronically with us, You consent to such transfers.
By submitting your name, e-mail address and any other personal information to us through the Website, You agree that we may process such information in accordance with our Privacy Policy, and that we may use such information for our business purposes including but not limited to the provisions regarding using and disclosing such information in connection with periodic mailings to You about Fibmesh Services.
SERVICE LICENSING
Fibmesh will retain all title, copyright and other proprietary and intellectual property rights in and to the Service, its software, and/ or any other technology, services, or materials that Fibmesh may provide to You hereunder or in conjunction with the Service.
All rights in and to the foregoing not expressly granted to You in this Agreement are reserved by Fibmesh. In particular, but without limiting the generality of the foregoing, no right to or license in the source code for the Service and its software is granted hereunder. You will not obfuscate, alter, or remove any copyright, trademark, or other proprietary notice on or in the Service. Further, You agree that You will not: (1) resell any part of the Service; (2) share your Service connection with anyone; or (3) access the Service simultaneously through the use of multiple Devices unless otherwise permitted under the price plan associated with your Account.
PAYMENT AND CHARGES
You acknowledge and agree that Your Payment Method will be charged and processed by Fibmesh and You agree to pay any and all prices and fees due for the Services purchased or obtained at this Website, at the time You order the Services.
The next day after the payment is overdue your Services will be terminated and shall be restored only after the payment is made from your Account and Fibmesh will not be responsible for any service disruption resulting from the service termination.
All prices and fees are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term.
Fibmesh expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online on this Website and effective immediately without need of further notice to You. In case, You have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
By adding Payment Method on your User Account, the User gives permission to Fibmesh to process automatic transactions from his Account. Payments are generally charged in advance for the applicable Service period. It is the User’s responsibility to create, manage, and terminate Payment Methods on the User Account.
In addition to the payment for Service, You acknowledge and agree that You may be charged Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on Your location and/or the country indicated in Your billing address section.
TERM AND TERMINATION.
This Agreement shall commence once Fibmesh has validated your Information and created an Account and shall remain in its absolute force and effect unless and until either party cancels or terminates the Agreement according to the Terms herein.
Fibmesh may terminate the Agreement or suspend your Account if: (1) it believes, in its sole discretion, that You are in breach of this Agreement; (2) if an Account has been inactive for twelve (12) consecutive months; or (3) if Fibmesh decides to stop providing its Service; or (4) if, it suspects that You have violated the terms of this Agreement. You will be sent an email notification to the email address registered with your Account upon termination of the Agreement or suspension of Service. You agree to discontinue your use of the Service and remove any/ all Service applications immediately upon notification of termination. Any termination of the Agreement or your Account may mean the permanent deletion of your Account information and You agree that Fibmesh shall have no liability for any such termination.
You may also terminate your Agreement and Account, at any time, by sending an email requesting termination to corporate.compliances_fm.in@fibmesh.com. You agree that You will be responsible for all fees incurred on your Account prior to Fibmesh actual termination of the Agreement.
PRIVACY
By creating an Account and using our Service, You acknowledge that You have read and agree to the terms of the Fibmesh Privacy Policy located at https://www.fibmesh.com/privacy-policy. You accept that certain uses of the data gathered by Fibmesh as a result of Your use of the Service are necessary to enable provision of the Service to You and accordingly, if You withdraw your consent to use your data as is detailed in its Privacy Policy, the supply of the Service to You may be terminated or fail to work as intended.
WARRANTY AND DISCLAIMERS
Fibmesh provides the Service using a commercially reasonable level of skill and care and we hope that You will enjoy using it. But there are certain things that we don’t promise about our Services.
Since by its very nature, the Internet contains offensive and/or harmful material, in some cases under descriptions that have been mislabeled or are otherwise deceptive. Hence, Fibmesh shall not be responsible for any damages suffered by You and/or any person as a result of obtaining Internet access. Fibmesh exercises no control whatsoever over the content of the information passing through its systems.
Notwithstanding anything else in this agreement, to the maximum extent permitted by applicable law, the Service is provided on an “AS IS” and “AS AVAILABLE” basis, and Fibmesh disclaims and makes no representations or warranties and there are no conditions of any kind, either express, implied or statutory, including but not limited to any warranties of non-interference, merchantability, fitness for a particular purpose or use, or arising from course of dealing or usage of trade. You assume all responsibility and risk for use of the Service. Any statements made in any written or electronic documents, or by any Fibmesh employees, representatives, or agents, are provided for informational purposes only and not as representations or warranties of any kind.
Fibmesh does not warrant that Service will be uninterrupted, error free, or free from service degradation, or that any information, software, or other material accessible on the Service are free from viruses, worms, trojan horses, or other code that manifests contaminating, interfering, or destructive properties. Fibmesh cannot and does not guarantee the security or integrity of data transmission or storage, or that viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties will be detected or remediated by the Service. You acknowledge that Service may be temporarily unavailable for maintenance, equipment modifications, or upgrades, and for other reasons within and without the direct control of Fibmesh.
LIMITATION OF LIABILITY
Fibmesh, and its Associates (including its subsidiaries, suppliers or distributors), will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Fibmesh, and its Associates, for any claims under these Terms, including for any implied warranties, is limited to the amount You paid to us to use the Services for the three (3) months prior to the event giving rise to the claim.
In all cases, Fibmesh and its Associates, will not be liable for any loss or damage that is not reasonably foreseeable.
INDEMNITY
You agree to indemnify, defend and hold harmless Fibmesh and its officers, directors, employees, agents, successors and assigns from and against any loss, liability or claim, including claim for reasonable attorney’s fees, brought by any third party and arising from (a) your infringement of any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy through use of the Service (b) your violation of any applicable law, statute, ordinance or regulation when using the Service; or (d) material breach of this Agreement.
AMENDMENTS
Fibmesh may, in its sole discretion, make amendments to the Terms of Service. On making any such amendments, Fibmesh will strive to notify You of such changes by sending a notification to the email address registered with your Account or notifying You via the Service. Notwithstanding, any such amendment shall be effective upon publication on the Fibmesh Website, You are responsible for regularly checking for any such updates.
SEVERABILITY
If any provision of the Agreement is held to be invalid, illegal or unenforceable by any court or other competent tribunal then the remaining provisions of the Agreement shall remain in full force and effect.
ASSIGNMENT
You may not assign the Agreement, the use of the Service or your rights and obligations under this Agreement without the prior written consent of Fibmesh. Any such assignment shall be void.
SURVIVAL
The following sections shall survive the termination of this Agreement: Indemnity; Limitation of Liability; Warranty and Disclaimers; Privacy Policy; Payments and Charges.
DISPUTE RESOLUTION
You agree that any dispute between you and Fibmesh arising out of or relating to these Terms of Service or the Service, (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
We want to address your concerns without needing a formal legal case. Before filing a claim against Fibmesh, You agree to try to resolve the Dispute informally by contacting us at corporate.compliances_fm.in@fibmesh.com. We shall try to resolve the Dispute informally by contacting You through email. If a Dispute is not resolved within 15 days after submission, You or Fibmesh may bring a formal proceeding.
The laws of India shall govern the construction and enforceability of the Agreement. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered under the Indian Arbitration and Conciliation Act, 1996 or rules thereunder, and the judgment or award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
GENERAL TERMS
This Agreement constitutes the entire agreement between the parties with regard to the Service provided hereunder. All prior agreements, proposals, representations and other understandings whether oral or written, are superseded in their entirety by this Agreement.
No alteration or modification of this Agreement will be valid unless made in writing and signed by Fibmesh. In the event of a conflict between the Agreement and any terms and conditions or statements contained in any document related to the Service, the terms of this Agreement will survive.
Fibmesh’s failure to enforce any right or provision of these Terms will not be considered as waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fibmesh. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional terms may apply to certain Services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will Survive.